Food Stamp Benefits for Aliens Restoration Act of 1997

Summary: Food Stamp Benefits for Aliens Restoration Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, to eliminate specified eligibility restrictions for qualified aliens (as defined in such Acts) with respect to:  (1)  food stamps; and (2) Federal means- tested public benefits. 
(Sec. 4) Prohibits States from attributing sponsor or spousal income and resources in determining an alien's food stamp or comparable program eligibility or benefits. 
(Sec. 5) Repeals the prohibition on an alien's derivative food stamp eligibility based upon supplemental security income eligibility. 
(Sec. 6) States that with respect to a sponsor affidavit of support means-tested public benefit does not include food stamps. 
(Sec. 7) Amends the Food Stamp Act to make Cuban or Haitian refugee entrants eligible for food stamps.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Stamp Benefits for Aliens 
Restoration Act of 1997''.

SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL 
              PROGRAMS.

    (a) In General.--Section 402(a) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)) (as 
amended by section 5301, 5302(a), 5303(a), and 5304 of the Balanced 
Budget Act of 1997 (Public Law 105-33; 111 Stat. 597, 598, 600)) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking clause (ii);
                            (ii) by striking ``Asylees.--'' and all 
                        that follows through ``paragraph (3)(A)'' and 
                        inserting ``Asylees.--With respect to the 
                        specified Federal program described in 
                        paragraph (3)''; and
                            (iii) by redesignating subclauses (I) 
                        through (IV) as clauses (i) through (iv) and 
                        indenting appropriately;
                    (B) in subparagraph (D)--
                            (i) by striking clause (ii); and
                            (ii) in clause (i)--
                                    (I) by striking ``(i) SSI.--'' and 
                                all that follows through ``paragraph 
                                (3)(A)'' and inserting the following:
                            ``(i) In general.--With respect to the 
                        specified Federal program described in 
                        paragraph (3)'';
                                    (II) by redesignating subclauses 
                                (II) through (IV) as clauses (ii) 
                                through (iv) and indenting 
                                appropriately;
                                    (III) by striking ``subclause (I)'' 
                                each place it appears and inserting 
                                ``clause (i)''; and
                                    (IV) in clause (iv) (as 
                                redesignated by subclause (II)), by 
                                striking ``this clause'' and inserting 
                                ``this subparagraph''; and
                    (C) in subparagraphs (E) through (H), by striking 
                ``paragraph (3)(A)'' each place it appears and 
                inserting ``paragraph (3)''; and
            (2) in paragraph (3)--
                    (A) by striking ``means any'' and all that follows 
                through ``The supplemental'' and inserting ``means the 
                supplemental''; and
                    (B) by striking subparagraph (B).
    (b) Conforming Amendments.--
            (1) Section 402(b)(2)(F) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
        1612(b)(2)(F)) (as added by section 5305(b) of the Balanced 
        Budget Act of 1997 (Public Law 105-33; 111 Stat. 601)) is 
        amended by striking ``subsection (a)(3)(A)'' and inserting 
        ``subsection (a)(3)''.
            (2) Section 403(d) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(d)) (as 
        added by section 5303(c) of the Balanced Budget Act of 1997 
        (Public Law 105-33; 111 Stat. 600)) is amended by striking 
        ``subsections (a)(3)(A)'' and inserting ``subsections (a)(3)''.

SEC. 3. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL 
              MEANS-TESTED PUBLIC BENEFIT.

    Section 403(c)(2) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended 
by adding at the end the following:
                    ``(L) Assistance or benefits under the Food Stamp 
                Act of 1977 (7 U.S.C. 2011 et seq).''.

SEC. 4. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS 
              INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE 
              PROGRAMS.

    Section 422(b) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is amended by adding at 
the end the following:
            ``(8) Programs comparable to assistance or benefits under 
        the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq).''.

SEC. 5. DERIVATIVE ELIGIBILITY FOR BENEFITS.

    Section 436 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1646) (as added by section 5305(a) 
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 601)) 
is repealed.

SEC. 6. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    Section 213A of the Immigration and Nationality Act (8 U.S.C. 
1183a) is amended--
            (1) in subsection (a)(1)(B), by striking ``(as defined in 
        subsection (e) of this section)''; and
            (2) by inserting after subsection (f) the following:
    ``(g) Means-Tested Public Benefit Defined.--In this section, the 
term `means-tested public benefit' does not include assistance or 
benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et 
seq).''.

SEC. 7. STATUS OF CUBAN AND HAITIAN ENTRANTS.

    Section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is 
amended in the first sentence by inserting before the period at the end 
the following: ``; or (G) an alien who is a Cuban and Haitian entrant 
(as defined in section 501(e) of the Refugee Education Assistance Act 
of 1980 (Public Law 96-422; 8 U.S.C. 1522 note))''.

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall be effective as 
if included in the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
2105).