[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Pages S4394-S4397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1096. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:
On page 208 of the amendment, insert between lines 6 and 7
the following:
TITLE VIII--POVERTY MEASUREMENT IMPROVEMENT
SEC. 801. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED
STATES.
(a) Definitions.--In this section:
(1) Federal benefit.--The term ``Federal benefit'' means a
benefit, refundable tax credit, or other form of assistance
provided under any of the following programs:
(A) Earned Income Tax Credit (refundable portion).
(B) Child Tax Credit (refundable portion).
(C) Supplemental Security Income.
(D) Temporary Assistance for Needy Families.
(E) Title IV-E Foster Care.
(F) Title IV-E Adoption Assistance.
(G) Medicaid.
(H) SCHIP.
(I) Indian Health Services.
(J) PPACA refundable premium assistance and cost sharing
tax credit.
(K) Assets for Independence program.
(L) Supplemental Nutrition Assistance Food Program.
(M) School Breakfast.
(N) School Lunch.
(O) Women, Infants, and Children (WIC) Food Program.
(P) Child and Adult Care Food Program.
(Q) The Food Distribution Program on Indian Reservations
(FDPIR).
(R) Nutrition Program for the Elderly.
(S) Seniors Farmers' Market Nutrition Program.
(T) Commodity Supplemental Food Program.
(U) Section 8 Housing.
(V) Public Housing.
(W) Housing for Persons with Disabilities.
(X) Home Investment Partnership Program.
(Y) Rural Housing Service.
(Z) Rural Housing Insurance Fund.
(AA) Low-Income Home Energy Assistance Program.
(BB) Universal Service Fund Low Income Support Mechanism
(subsidized phone services).
(CC) Pell Grants.
(DD) Supplemental Educational Opportunity Grants.
(EE) American Opportunity Tax Credit (refundable portion).
(FF) Healthy Start.
(GG) Job Corps.
(HH) Head Start (including Early Head Start).
(II) Weatherization Assistance.
(JJ) Chafee Foster Care Independence Program.
(KK) Child Care Subsidies from the Child Care and
Development Fund.
(LL) Child Care from the Temporary Assistance for Needy
Families Block Grant.
(MM) Emergency Assistance to Needy Families with Children.
(NN) Senior Community Service Employment Program.
(OO) Migrant and Seasonal Farm Workers Training Program.
(PP) Indian and Native American Employment and Training
Program.
(QQ) Independent Living Education and Training Vouchers.
(2) Resource unit.--The term ``resource unit'' means all
co-resident individuals who are related by birth, marriage,
or adoption, plus any co-resident unrelated children, foster
children, and unmarried partners and their relatives.
(3) Market income.--The term ``market income'' means
individual income from the following:
(A) Earnings.
(B) Interest.
(C) Dividends.
(D) Rents, royalties, and estates and trusts.
(E) The monetary value of employer-sponsored health
insurance benefits.
(F) Other forms of income, as determined by the Director.
(4) Entitlement and other income.--The term ``entitlement
and other income'' means income from the following:
(A) Unemployment (insurance) compensation.
(B) Workers' compensation.
(C) Social Security.
(D) Veterans' payments and benefits.
(E) Survivor benefits.
(F) Disability benefits (not including benefits under the
Supplemental Security Income program).
(G) Pension or retirement income.
(H) Alimony.
(I) Child support.
(J) Financial assistance from outside of the household.
(K) Medicare.
(5) Entitlement and earned unit income.--The term
``entitlement and earned unit income'' means the sum of all
market income and entitlement and other income.
(6) Income tax data.--The term ``income tax data'' means
return information, as such term is defined under section
6103(b)(2) of the Internal Revenue Code of 1986.
(7) Administering agency.--The term ``administering
agency'' means a State or Federal agency responsible for
administering a Federal benefit.
(8) Total resource unit income.--The term ``total resource
unit income'' means, with respect to a resource unit, an
amount equal to--
(A) the sum of--
(i) all market income attributable to members of the unit;
(ii) all entitlement and other income attributable to
members of the unit; and
(iii) an amount, or cash equivalent, of all Federal
benefits received by members of the unit; minus
(B) all State and Federal income and payroll taxes
attributable to members of the unit.
(9) Earned resource unit income.--The term ``earned
resource unit income'' means, with respect to a resource
unit, all market income attributable to members of the unit.
(10) Personally identifiable information.--The term
``personally identifiable information'' means any information
that identifies an individual or could reasonably be used to
identify an individual that is--
(A) collected pursuant to a survey conducted by the Bureau
of the Census; or
(B) disclosed to the Bureau of the Census by an
administering agency for the purpose of carrying out
subsection (b).
(11) Director.--The term ``Director'' means the Director of
the Bureau of the Census.
(b) Verification of Data Collected in the Annual Social and
Economic Supplement to the Current Population Survey.--
(1) In general.--Beginning in fiscal year 2024, in order to
more accurately determine the extent of poverty in the United
States and the anti-poverty effectiveness of Federal benefit
programs, the Director shall collect, in addition to the data
collected under the Annual Social and Economic Supplement to
the Current Population Survey, data from the appropriate
administering agencies related to the following:
(A) Participation in any Federal benefit program and the
monetary or cash equivalent value of such benefit for an
individual, where possible, and otherwise for resource units
or households.
(B) The total amount of market income for individuals.
(C) The total amount of entitlement and other income for
individuals.
(D) Payment of income taxes and payroll taxes for
individuals.
(E) Total resource unit income.
(F) Total earned resource unit income.
(G) Any other information about benefits or income received
by individuals that the Director determines necessary to
carry out this section and that is not included in the data
relating to participation in Federal benefit programs or
market income for individuals.
(2) Administering agency data.--Not later than 6 months
after receiving a request from the Director, the head of each
administering agency shall make available to the Director
such data (including income tax data) as the Director shall
require for the purpose of carrying out this subsection and
for the purposes outlined in section 6 of title 13, United
States Code.
(3) Publication of data.--
(A) Rates and other data.--
(i) Report.--The Director shall submit to Congress, not
later than January 1, 2025, a report detailing the
implementation of this section, including--
(I) the availability of related data;
(II) the quality of the data; and
(III) the methodology proposed for assigning dollar values
to the receipt of noncash Federal benefits.
(ii) Tables and graphs.--The Director shall produce tables
and graphs showing for each year the poverty rates and
related data calculated using data collected under paragraph
(1), including--
(I) the total resource unit income for survey respondents;
(II) the total earned resource unit income for survey
respondents;
(III) the total of all amounts described in subparagraphs
(A) through (G) of paragraph (1) that are received by survey
respondents;
(IV) a breakdown of the amount of income taxes and payroll
taxes attributable to survey respondents; and
(V) for 2027 and subsequent years, poverty rates calculated
using updated poverty thresholds as described in clause
(iii).
(iii) Updated poverty thresholds.--For 2027 and subsequent
years, the Director shall, in addition to the official
poverty line (as defined by the Office of Management and
Budget) and the supplemental poverty measure, provide an
alternative poverty measure that uses the personal
consumption expenditure price index (as published by the
Bureau of Economic Analysis) and accounts for the
[[Page S4395]]
data collected under paragraph (1). The Director shall
provide a comparison of the official poverty line (as defined
by the Office of Management and Budget), the supplemental
poverty measure rate as defined by the Bureau of the Census,
and the alternative poverty rate created using the
alternative poverty measure under this section.
(iv) Rule of construction.--The Office of Management and
Budget shall not use the additional data collected by the
Director pursuant to paragraph (1) for purposes of defining
the official poverty line.
(B) Confidentiality.--Consistent with the provisions of
sections 8, 9, and 23(c) of title 13, United States Code, the
Director shall ensure the confidentiality of information
furnished to the Director under this subsection.
(c) Protection and Disclosure of Personally Identifiable
Information.--
(1) In general.--The security, disclosure, and
confidentiality provisions set forth in sections 9 and 23 of
title 13, United States Code, shall apply to personally
identifiable information obtained by the Bureau of the Census
pursuant to this section.
(2) Restricted access to personally identifiable
information.--Access to personally identifiable information
collected to supplement the restricted-use Current Population
Survey Annual Social and Economic Supplements in accordance
with subsection (b)(1) shall be available only to those who
have access to the Current Population Survey data with the
permission of the Bureau of the Census and in accordance with
any other applicable provision of law.
(3) Penalties.--Any individual who knowingly accesses or
discloses personally identifiable information in violation of
this section shall be guilty of a felony and upon conviction
thereof shall be fined in an amount of not more than $300,000
under title 18, United States Code, or imprisoned for not
more than five years, or both.
(d) State Reporting of Federal Data.--Beginning with the
first full calendar year that begins after the date of
enactment of this Act, with respect to any Federal benefit
that is administered at the State level by a State
administering agency, such State administering agency shall
submit each year to the Federal administering agency
responsible for administering the benefit at the Federal
level a report that identifies each resource unit that
received such benefits during such year by the personally
identifiable information of the head of the resource unit and
the amount, or cash equivalent, of such benefit received by
such resource unit.
SEC. 802. COMMISSION ON VALUATION OF GOVERNMENT BENEFITS.
(a) Establishment.--There is established within the United
States Census Bureau a commission, to be known as the
``Commission on Valuation of Federal Benefits'' (referred to
in this section as the ``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 8
members, of whom--
(A) 2 members shall be appointed by the majority leader of
the Senate;
(B) 2 members shall be appointed by the minority leader of
the Senate;
(C) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(D) 2 members shall be appointed by the minority leader of
the House of Representatives.
(2) Co-chairs.--Of the members of the Commission--
(A) 1 co-chair shall be designated by the majority leader
of the Senate; and
(B) 1 co-chair shall be designated by the Speaker of the
House of Representatives.
(3) Qualifications.--Each member appointed to the
Commission shall have experience in--
(A) quantitative policy research; and
(B) welfare or poverty studies.
(c) Initial Meeting.--Not later than 60 days after the date
on which the last member is appointed under subsection (b),
the Commission shall hold an initial meeting.
(d) Quorum.--Six members of the Commission shall constitute
a quorum.
(e) No Proxy Voting.--Proxy voting by members of the
Commission shall be prohibited.
(f) Staff.--The Director of the Census Bureau shall appoint
an executive director of the Commission.
(g) Travel Expenses.--Members of the Commission shall serve
without pay, but shall receive travel expenses in accordance
with sections 5702 and 5703 of title 5, United States Code.
(h) Duties of Commission.--
(1) Recommendations.--
(A) In general.--The Commission shall produce
recommendations for the valuation of Federal benefits listed
under section 801(a)(1) for the purpose of United States
Census Bureau estimates of the Federal Poverty Level,
including non-cash benefits.
(2) Report.--
(A) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to
Congress a report of the recommendations required under
paragraph (1), including a detailed statement of methodology
and reasoning behind recommendations.
(B) Public availability.--The report required by
subparagraph (A) shall be made available on an internet
website of the United States Government that is available to
the public.
(i) Powers of Commission.--On request by the executive
director of the Commission, the head of a Federal agency
shall furnish information to the Commission.
(j) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report under subsection (h)(2).
(k) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 to carry out this section.
SEC. 803. GAO REPORTS ON EFFECT OF SUPPLEMENTARY DATA ON
CALCULATION OF POVERTY RATES AND RELATED
MEASURES.
Not later than January 1, 2028, and every 2 years
thereafter, the Comptroller General of the United States
shall submit to Congress a report that compares the poverty
rates and related measures calculated under the Annual Social
and Economic Supplement to the Current Population Survey with
the poverty rates and related measures calculated using the
data collected under section 801(b)(1).
SEC. 804. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to affect the
eligibility of an individual or household for a Federal
benefit.
SEC. 805. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to affect the
eligibility of an individual or household for a Federal
benefit.
TITLE IX--MODIFICATIONS TO SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
SEC. 901. WORK REQUIREMENTS.
(a) Declaration of Policy.--Section 2 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at
the end the following: ``Congress further finds that it
should also be the purpose of the supplemental nutrition
assistance program to increase employment, to encourage
healthy marriage, and to promote prosperous self-sufficiency,
which means the ability of households to maintain an income
above the poverty level without services and benefits from
the Federal Government.''.
(b) Definition of Food.--Section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended by
striking ``means (1)'' and inserting ``means the following
foods, food products, meals, and other items, only if the
food, food product, meal, or other item is essential, as
determined by the Secretary: (1)''.
(c) General Work Requirements.--Section 6(d)(1)(A) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(1)(A)) is
amended, in the matter preceding clause (i), by striking
``60'' and inserting ``65''.
(d) Hour-Based Work Requirement.--Section 6(o) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended--
(1) in paragraph (1)(C), by striking ``other than a
supervised job search program or job search training
program'' and inserting ``including an in-person supervised
job search program'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``50'' and inserting
``64'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(3) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking
``area'' and inserting ``county or county equivalent'';
(B) in clause (i), by striking ``or'' and inserting
``and''; and
(C) by striking clause (ii) and inserting the following:
``(ii) is not located within a labor market area, as
determined by data published by the Bureau of Labor
Statistics, that has an unemployment rate of over 10
percent.'';
(4) in paragraph (6)(D), by striking ``15 percent'' and
inserting ``5 percent'';
(5) by redesignating paragraph (7) as paragraph (8);
(6) by inserting after paragraph (6) the following:
``(7) Work or work preparation hours requirement for
married couples with children.--The total combined number of
hours of work or work preparation activities under
subparagraphs (A), (B), and (C) of paragraph (2) for both
spouses in a married couple household with 1 or more children
over the age of 6 shall not be greater than the total number
of hours required under those subparagraphs for a single head
of household.''; and
(7) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Minimum wage rule.--The limitation under subsection
(d)(4)(F)(i) shall not apply to any work requirement,
program, or activity required under this subsection.''.
SEC. 902. EMPLOYMENT AND TRAINING PROGRAM OUTCOMES REPORTING.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Agriculture shall submit to Congress a
report, using data from the most recent 5 fiscal years
available, detailing the outcomes of beneficiaries of the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
(referred to in this section as ``SNAP'') who participate in
employment and training programs (as defined in section
6(d)(4)(B) of that Act (7 U.S.C. 2015(d)(4)(B))) for each of
those 5 years that includes the following information:
(1) The number and percentage of SNAP beneficiaries in each
State who participated in an employment and training program
compared to the number and percentage of SNAP beneficiaries
in each State who did
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not participate in an employment and training program.
(2) The number and percentage of SNAP beneficiaries in each
State who obtained a job while participating in an employment
and training program compared to the number and percentage of
SNAP beneficiaries in each State who obtained a job but did
not participate in an employment and training program.
(3) The number and percentage of SNAP beneficiaries in each
State who retained a job for 6 months, 1 year, and 5 years
after completing an employment and training program and
obtaining a job compared to the number and percentage of SNAP
beneficiaries in each State who retained a job for 6 months,
1 year, and 5 years but did not complete an employment and
training program prior to obtaining that job.
(4) The increase or decrease in wages, if applicable, for
SNAP beneficiaries in each State who retained a job for 6
months, 1 year, and 5 years after completing an employment
and training program and obtaining a job compared to the
increase or decrease in wages, if applicable, for SNAP
beneficiaries in each State who retained a job for 6 months,
1 year, and 5 years but did not complete an employment and
training program prior to obtaining that job.
(5) The number and percentage of SNAP beneficiaries who--
(A) previously participated in an employment and training
program;
(B) after that participation, obtained a job or stopped
receiving SNAP benefits; and
(C) after regaining eligibility for SNAP benefits,
reentered an employment or training program.
(6) The average duration that SNAP beneficiaries in each
State participated in an employment and training program.
(7) A breakdown of--
(A) the types of employment and training activities offered
by the employment and training program of each State; and
(B) the types of jobs that States are preparing employment
and training program participants to obtain.
SEC. 903. STATE MATCHING FUNDS.
Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C.
2013) is amended by adding at the end the following:
``(d) State Matching Funds.--
``(1) In general.--Each State that participates in the
supplemental nutrition assistance program shall, as a
condition of participation, be required to contribute
matching funds in an amount equal to, of the funds received
from the Secretary by the State for program administration--
``(A) for fiscal year 2024, 10 percent;
``(B) for fiscal year 2025, 15 percent;
``(C) for fiscal year 2026, 20 percent;
``(D) for fiscal year 2027, 25 percent;
``(E) for fiscal year 2028, 30 percent;
``(F) for fiscal year 2029, 35 percent;
``(G) for fiscal year 2030, 40 percent;
``(H) for fiscal year 2031, 45 percent; and
``(I) for fiscal year 2032 and each fiscal year thereafter,
50 percent.
``(2) Additional contributions permitted.--Nothing in this
subsection prevents a State from contributing matching funds
in an amount greater than the amount required under paragraph
(1) for the applicable fiscal year.''.
SEC. 904. ELIGIBILITY.
Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended--
(1) in the second sentence, by inserting ``that are limited
to families whose income and resources satisfy financial need
criteria established in accordance with subsections (c) and
(g) by the State for receipt of the benefits'' after ``(42
U.S.C. 601 et seq.)''; and
(2) by inserting after the second sentence the following:
``To be deemed eligible for participation in the supplemental
nutrition assistance program under this subsection, a
household shall receive a cash or noncash means-tested public
benefit for at least 6 consecutive months valued at not less
than $50.''.
SEC. 905. COMPLIANCE WITH FRAUD INVESTIGATIONS.
Section 6(d) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)) is amended by adding at the end the
following:
``(5) Compliance with fraud investigations.--To be eligible
to participate in the supplemental nutrition assistance
program, an individual shall cooperate with any investigation
into fraud under that program, including full participation
in any--
``(A) meeting requested by fraud investigators; and
``(B) administrative hearing.''.
SEC. 906. AUTHORIZED USERS OF ELECTRONIC BENEFIT TRANSFER
CARDS.
Section 7(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)) is amended by adding at the end the
following:
``(15) Authorized users.--
``(A) In general.--A State agency shall register--
``(i) at least 1 member of a household issued an EBT card
as an authorized user of the card; and
``(ii) an authorized representative of a household as an
authorized user of the EBT card issued to the household.
``(B) Limit.--Not more than 5 individuals shall be
registered as authorized users, including the authorized
representative of a household, on an EBT card.
``(C) Unauthorized use.--
``(i) In general.--An EBT card shall not be used by any
individual who is not an authorized user of the EBT card.
``(ii) 2 unauthorized uses.--If an EBT card has been used 2
times by an unauthorized user of the EBT card, the head of
the household to which the EBT card is issued shall be
required to review program rights and responsibilities with
personnel of the State agency.
``(iii) 4 unauthorized uses.--If an EBT card has been used
4 times by an unauthorized user of the EBT card, the State
agency shall suspend benefits for the household to which the
EBT card is issued for 1 month.
``(iv) 6 unauthorized uses.--If an EBT card has been used 6
times by an unauthorized user of the EBT card, the State
agency shall suspend benefits for the household to which the
EBT card is issued for 3 months.
``(v) 7 or more unauthorized uses.--If an EBT card has been
used 7 or more times by an unauthorized user of the EBT card,
the State agency shall suspend benefits for the household to
which the EBT card is issued for 1 month per unauthorized
use.
``(vi) Administration.--Any action taken under clauses (ii)
through (v) shall be consistent with sections 6(b) and
11(e)(10), as applicable.''.
SEC. 907. REAUTHORIZATION OF MEDIUM- OR HIGH-RISK RETAIL FOOD
STORES AND WHOLESALE FOOD CONCERNS.
Section 9(a)(2)(A) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(a)(2)(A)) is amended by striking ``; and'' and
inserting ``, which, in the case of a retail food store or
wholesale food concern for which there is a medium risk or
high risk of fraudulent transactions, as determined by the
fraud detection system of the Food and Nutrition Service,
shall be annually; and''.
SEC. 908. STATE ACTIVITY REPORTS.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended by adding at the end the following:
``(y) State Activity Reports.--The Secretary shall publish
for each fiscal year a report describing the activity of each
State in the supplemental nutrition assistance program, which
shall contain, for the applicable fiscal year, substantially
the same information as is contained in the report published
by the Food and Nutrition Service entitled `Supplemental
Nutrition Assistance Program State Activity Report Fiscal
Year 2016' and published September 2017.''.
SEC. 909. DISQUALIFICATION BY STATE AGENCY.
Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C.
2021) is amended by adding at the end the following:
``(j) Disqualification by State Agency.--
``(1) In general.--Except as provided in paragraph (4), a
State agency shall permanently disqualify from participation
in the supplemental nutrition assistance program an approved
retail food store or wholesale food concern convicted of--
``(A) trafficking in food instruments (including any
voucher, draft, check, or access device (including an
electronic benefit transfer card or personal identification
number) issued in lieu of a food instrument under this Act);
or
``(B) selling firearms, ammunition, explosives, or
controlled substances (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) in exchange for
food instruments (including any item described in
subparagraph (A) issued in lieu of a food instrument under
this Act).
``(2) Notice of disqualification.--The State agency shall--
``(A) provide the approved retail food store or wholesale
food concern with notification of the disqualification; and
``(B) make the disqualification effective on the date of
receipt of the notice of disqualification.
``(3) Prohibition of receipt of lost revenues.--A retail
food store or wholesale food concern shall not be entitled to
receive any compensation for revenues lost as a result of
disqualification under this subsection.
``(4) Exceptions in lieu of disqualification.--
``(A) In general.--A State agency may permit a retail food
store or wholesale food concern that, but for this paragraph,
would be disqualified under paragraph (1), to continue to
participate in the supplemental nutrition assistance program
if the State agency determines, in its sole discretion,
that--
``(i) disqualification of the retail food store or
wholesale food concern, as applicable, would cause hardship
to participants in the supplemental nutrition assistance
program; or
``(ii)(I) the retail food store or wholesale food concern
had, at the time of the violation under paragraph (1), an
effective policy and program in effect to prevent violations
described in paragraph (1); and
``(II) the ownership of the retail food store or wholesale
food concern was not aware of, did not approve of, and was
not involved in the conduct of the violation.
``(B) Civil penalty.--If a State agency under subparagraph
(A) permits a retail food store or wholesale food concern to
continue to participate in the supplemental nutrition
assistance program in lieu of disqualification, the State
agency shall assess a civil penalty in an amount determined
by the State agency, except that--
``(i) the amount of the civil penalty shall not exceed
$10,000 for each violation; and
``(ii) the amount of civil penalties imposed for violations
investigated as part of a single investigation may not exceed
$40,000.
``(C) Reporting.--
``(i) To the secretary.--If a State agency under
subparagraph (A) permits a retail food
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store or wholesale food concern to continue to participate in
the supplemental nutrition assistance program in lieu of
disqualification, the State agency shall annually submit to
the Secretary a report describing the justification of the
State agency for that action.
``(ii) To congress.--The Secretary shall annually submit to
Congress a report compiling the information contained in
reports submitted to the Secretary under clause (i).''.
SEC. 910. RETENTION OF RECAPTURED FUNDS BY STATES.
Section 16(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(a)) is amended--
(1) in the second sentence, by striking ``The officials''
and inserting the following:
``(3) Prohibition.--The officials'';
(2) in the first sentence--
(A) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively; and
(B) by striking ``section 17(n): Provided, That the
Secretary'' and inserting the following: ``section 17(n).
``(2) Administration on indian reservations and in native
villages.--
``(A) In general.--The Secretary'';
(3) in paragraph (2) (as so designated)--
(A) in subparagraph (A), by striking ``35 percent'' and
inserting ``50 percent''; and
(B) by adding at the end the following:
``(B) Use of retained amounts for fraud investigations.--
The value of funds or allotments recovered or collected
pursuant to sections 6(b) and 13(c) that are retained by a
State under subparagraph (A) in excess of 35 percent shall be
used by the State for investigations of fraud in the
supplemental nutrition assistance program.''; and
(4) by striking the subsection designation and all that
follows through ``Subject to'' in the matter preceding
paragraph (2) (as so designated) and inserting the following:
``(a) Administrative Cost-Sharing.--
``(1) In general.--Subject to''.
______