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[Journal of the House of Representatives, 1995]
[Thursday, March 23, 1995 (49), Para 49.6 Recorded Vote]
[Pages 433-436]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.49.6  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. HOSTETTLER:

       In title V of the bill, strike subtitle B and insert the 
     following:
           Subtitle B--Consolidating Food Assistance Programs

     SEC. 531. FOOD STAMP BLOCK GRANT PROGRAM.

       (a) Authority To Make Block Grants.--The Secretary of 
     Agriculture shall make grants in accordance with this section 
     to States to provide food assistance to individuals who are 
     economically disadvantaged and to individuals who are members 
     of economically disadvantaged families.
       (b) Distribution of Funds.--The funds appropriated to carry 
     out this section for any fiscal year shall be allotted among 
     the States as follows:
       (1) Of the aggregate amount to be distributed under this 
     section, .21 percent shall be reserved for grants to Guam, 
     the Virgin Islands of the United States, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     Palau.
       (2) Of the aggregate amount to be distributed under this 
     section, .24 percent shall be reserved for grants to tribal 
     organizations that have governmental jurisdiction over 
     geographically defined areas and shall be allocated equitably 
     by the Secretary among such organizations.
       (3) The remainder of such aggregate amount shall be 
     allocated among the remaining States. The amount allocated to 
     each of the remaining States shall bear the same proportion 
     to such remainder as the number of resident individuals in 
     such State who are economically disadvantaged separately or 
     as members of economically disadvantaged families bears to 
     the aggregate number of resident individuals in all such 
     remaining States who are economically disadvantaged 
     separately or as members of economically disadvantaged 
     families.
       (c) Eligibility To Receive Grants.--To be eligible to 
     receive a grant in the amount allotted to a State for a 
     fiscal year, such State shall submit to the Secretary an 
     application in such form, and containing such information and 
     assurances, as the Secretary may require by rule, including--
       (1) an assurance that such grant will be expended by the 
     State to provide food assistance to resident individuals in 
     such State who are economically disadvantaged separately or 
     as members of economically disadvantaged families,
       (2) an assurance that not more than 5 percent of such grant 
     will be expended by the State for administrative costs 
     incurred to provide assistance under this section, and
       (3) an assurance that an individual who has not worked 32 
     hours in a calendar month shall be ineligible to received 
     food assistance under this subtitle during the succeeding 
     month unless such individual is--
       (A) disabled,
       (B) has attained 60 years of age, or
       (C) residing with one or more of such individual's children 
     who have not attained 18 years of age, but is not residing 
     with any other parent of any of such children, unless that 
     other parent is disabled.
       (d) Annual Report.--Each State that receives funds 
     appropriated to carry out this section for a fiscal year 
     shall submit the Secretary, not later than May 1 following 
     such fiscal year, a report--
       (1) specifying the number of families who received food 
     assistance under this section provided by such State in such 
     fiscal year;
       (2) specifying the number of individuals who received food 
     assistance under this section provided by such State in such 
     fiscal year;
       (3) the amount of such funds expended in such fiscal year 
     by such State to provide food assistance; and
       (4) the administrative costs incurred in such fiscal year 
     by such State to provide food assistance.
       (e) Limitation.--No State or political subdivision of a 
     State that receives funds provided under this title shall 
     replace any employed worker with an individual who is 
     participating in a work program for the purpose of complying 
     with subsection (c)(3). Such an individual may be placed in 
     any position offered by the State or political subdivision 
     that--
       (A) is a new position,
       (B) is a position that became available in the normal 
     course of conducting the business of the State or political 
     subdivision,
       (C) involves performing work that would otherwise be 
     performed on an overtime basis by a worker who is not an 
     individual participating in such program, or
       (D) that is a position which became available by shifting a 
     current employee to an alternate position.
       (f) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to carry out this section 
     $26,245,000,000 for each of the fiscal years 1996, 1997, 
     1998, 1999, and 2000.
       (2) For the purpose of affording adequate notice of funding 
     available under this section, an appropriation to carry out 
     this section is authorized to be included in an appropriation 
     Act for the fiscal year preceding the fiscal year for which 
     such appropriation is available for obligation.

     SEC. 532. AVAILABILITY OF FEDERAL COUPON SYSTEM TO STATES.

       (a) Issuance, Purchase, and Use of Coupons.--The Secretary 
     shall issue, and make available for purchase by States, 
     coupons for the retail purchase of food from retail food 
     stores that are approved in accordance with subsection (b). 
     Coupons issued, purchased, and used as provided in this 
     section shall be redeemable at face value by the Secretary 
     through the facilities of the Treasury of the United States. 
     The purchase price of each coupon issued under this 
     subsection shall be the face value of such coupon.
       (b) Approval of Retail Food Stores and Wholesale Food 
     Concerns.--(1) Regulations issued pursuant to this section 
     shall provide for the submission of applications for approval 
     by retail food stores and wholesale food concerns which 
     desire to be authorized to accept and redeem coupons under 
     this section. In determining the qualifications of 
     applicants, there shall be considered among such other 
     factors as may be appropriate, the following:
       (A) The nature and extent of the food business conducted by 
     the applicant.
       (B) The volume of coupon business which may reasonably be 
     expected to be conducted by the applicant food store or 
     wholesale food concern.
       (C) The business integrity and reputation of the applicant.

     Approval of an applicant shall be evidenced by the issuance 
     to such applicant of a nontransferable certificate of 
     approval. The Secretary is authorized to issue regulations 
     providing for a periodic reauthorization of retail food 
     stores and wholesale food concerns.
       (2) A buyer or transferee (other than a bona fide buyer or 
     transferee) of a retail food store or wholesale food concern 
     that has been disqualified under subsection (d) may not 
     accept or redeem coupons until the Secretary receives full 
     payment of any penalty imposed on such store or concern.
       (3) Regulations issued pursuant to this section shall 
     require an applicant retail food store or wholesale food 
     concern to submit information which will permit a 
     determination to be made as to whether such applicant 
     qualifies, or continues to qualify, for approval under this 
     section or the regulations issued pursuant to this section. 
     Regulations issued pursuant to this section shall provide for 
     safeguards which limit the use or disclosure of information 
     obtained under the authority granted by this subsection to 
     purposes directly connected with administration and 
     enforcement of this section or the regulations issued 
     pursuant to this section, except that such information may be 
     disclosed to and used by States that purchase such coupons.
       (4) Any retail food store or wholesale food concern which 
     has failed upon application to receive approval to 
     participate in the program under this sectionmay obtain a 
     hearing on such refusal as provided in subsection (f).
       (c) Redemption of Coupons.--Regulations issued under this 
     section shall provide for the redemption of coupons accepted 
     by retail food stores through approved wholesale food 
     concerns or through financial institutions which are insured 
     by the Federal Deposit Insurance Corporation, or which are 
     insured under the Federal Credit Union Act (12 U.S.C. 1751 et 
     seq.) and have retail food stores or wholesale food concerns 
     in their

[[Page 434]]

     field of membership, with the cooperation of the Treasury 
     Department, except that retail food stores defined in section 
     533(9)(D) shall be authorized to redeem their members' food 
     coupons prior to receipt by the members of the food so 
     purchased, and publicly operated community mental health 
     centers or private nonprofit organizations or institutions 
     which serve meals to narcotics addicts or alcoholics in drug 
     addiction or alcoholic treatment and rehabilitation programs, 
     public and private nonprofit shelters that prepare and serve 
     meals for battered women and children, public or private 
     nonprofit group living arrangements that serve meals to 
     disabled or blind residents, and public or private nonprofit 
     establishments, or public or private nonprofit shelters that 
     feed individuals who do not reside in permanent dwellings and 
     individuals who have no fixed mailing addresses shall not be 
     authorized to redeem coupons through financial institutions 
     which are insured by the Federal Deposit Insurance 
     Corporation or the Federal Credit Union Act. No financial 
     institution may impose on or collect from a retail food store 
     a fee or other charge for the redemption of coupons that are 
     submitted to the financial institution in a manner consistent 
     with the requirements, other than any requirements relating 
     to cancellation of coupons, for the presentation of coupons 
     by financial institutions to the Federal Reserve banks.
       (d) Civil Money Penalties and Disqualification of Retail 
     Food Stores and Wholesale Food Concerns.--(1) Any approved 
     retail food store or wholesale food concern may be 
     disqualified for a specified period of time from further 
     participation in the coupon program under this section, or 
     subjected to a civil money penalty of up to $10,000 for each 
     violation if the Secretary determines that its 
     disqualification would cause hardship to individuals who 
     receive coupons, on a finding, made as specified in the 
     regulations, that such store or concern has violated this 
     section or the regulations issued pursuant to this section.
       (2) Disqualification under paragraph (1) shall be--
       (A) for a reasonable period of time, of no less than 6 
     months nor more than 5 years, upon the first occasion of 
     disqualification,
       (B) for a reasonable period of time, of no less than 12 
     months nor more than 10 years, upon the second occasion of 
     disqualification, and
       (C) permanent upon--
       (i) the third occasion of disqualification,
       (ii) the first occasion or any subsequent occasion of a 
     disqualification based on the purchase of coupons or 
     trafficking in coupons by a retail food store or wholesale 
     food concern, except that the Secretary shall have the 
     discretion to impose a civil money penalty of up to $20,000 
     for each violation (except that the amount of civil money 
     penalties imposed for violations occurring during a single 
     investigation may not exceed $40,000) in lieu of 
     disqualification under this subparagraph, for such purchase 
     of coupons or trafficking in coupons that constitutes a 
     violation of this section or the regulations issued pursuant 
     to this section, if the Secretary determines that there is 
     substantial evidence (including evidence that neither the 
     ownership nor management of the store or food concern was 
     aware of, approved, benefited from, or was involved in the 
     conduct or approval of the violation) that such store or food 
     concern had an effective policy and program in effect to 
     prevent violations of this section and such regulations, or
       (iii) a finding of the sale of firearms, ammunition, 
     explosives, or controlled substance (as defined in section 
     802 of title 21, United States Code) for coupons, except that 
     the Secretary shall have the discretion to impose a civil 
     money penalty of up to $20,000 for each violation (except 
     that the amount of civil money penalties imposed for 
     violations occurring during a single investigation may not 
     exceed $40,000) in lieu of disqualification under this 
     subparagraph if the Secretary determines that there is 
     substantial evidence (including evidence that neither the 
     ownership nor management of the store or food concern was 
     aware of, approved, benefited from, or was involved in the 
     conduct or approval of the violation) that the store or food 
     concern had an effective policy and program in effect to 
     prevent violations of this section.
       (3) The action of disqualification or the imposition of a 
     civil money penalty shall be subject to review as provided in 
     subsection (f).
       (4) As a condition of authorization to accept and redeem 
     coupons issued under subsection (a), the Secretary may 
     require a retail food store or wholesale food concern which 
     has been disqualified or subjected to a civil penalty 
     pursuant to paragraph (1) to furnish a bond to cover the 
     value of coupons which such store or concern may in the 
     future accept and redeem in violation of this section. The 
     Secretary shall, by regulation, prescribe the amount, terms, 
     and conditions of such bond. If the Secretary finds that such 
     store or concern has accepted and redeemed coupons in 
     violation of this section after furnishing such bond, such 
     store or concern shall forfeit to the Secretary an amount of 
     such bond which is equal to the value of coupons accepted and 
     redeemed by such store or concern in violation of this 
     section. Such store or concern may obtain a hearing on such 
     forfeiture pursuant to subsection (f).
       (5)(A) In the event any retail food store or wholesale food 
     concern that has been disqualified under paragraph (1) is 
     sold or the ownership thereof is otherwise transferred to a 
     purchaser or transferee, the person or persons who sell or 
     otherwise transfer ownership of the retail food store or 
     wholesale food concern shall be subjected to a civil money 
     penalty in an amount established by the Secretary through 
     regulations to reflect that portion of the disqualification 
     period that has not yet expired. If the retail food store or 
     wholesale food concern has been disqualified permanently, the 
     civil money penalty shall be double the penalty for a 10-year 
     disqualification period, as calculated under regulations 
     issued by the Secretary. The disqualification period imposed 
     under paragraph (2) shall continue in effect as to the person 
     or persons who sell or otherwise transfer ownership of the 
     retail food store or wholesale food concern notwithstanding 
     the imposition of a civil money penalty under this paragraph.
       (B) At any time after a civil money penalty imposed under 
     subparagraph (A) has become final under subsection (f)(1), 
     the Secretary may request the Attorney General of the United 
     States to institute a civil action against the person or 
     persons subject to the penalty in a district court of the 
     United States for any district in which such person or 
     persons are found, reside, or transact business to collect 
     the penalty and such court shall have jurisdiction to hear 
     and decide such action. In such action, the validity and 
     amount of such penalty shall not be subject to review.
       (C) The Secretary may impose a fine against any retail food 
     store or wholesale food concern that accepts coupons that are 
     not accompanied by the corresponding book cover, other than 
     the denomination of coupons used for making change as 
     specified in regulations issued under this section. The 
     amount of any such fine shall be established by the Secretary 
     and may be assessed and collected separately in accordance 
     with regulations issued under this section or in combination 
     with any fiscal claim established by the Secretary. The 
     Attorney General of the United States may institute judicial 
     action in any court of competent jurisdiction against the 
     store or concern to collect the fine.
       (6) The Secretary may impose a fine against any person not 
     approved by the Secretary to accept and redeem coupons who 
     violates this section or a regulation issued under this 
     section, including violations concerning the acceptance of 
     coupons. The amount of any such fine shall be established by 
     the Secretary and may be assessed and collected in accordance 
     with regulations issued under this section separately or in 
     combination with any fiscal claim established by the 
     Secretary. The Attorney General of the United States may 
     institute judicial action in any court of competent 
     jurisdiction against the person to collect the fine.
       (e) Collection and Disposition of Claims.--The Secretary 
     shall have the power to determine the amount of and settle 
     and adjust any claim and to compromise or deny all or part of 
     any such claim or claims arising under this section or the 
     regulations issued pursuant to this section, including, but 
     not limited to, claims arising from fraudulent and 
     nonfraudulent overissuances to recipients, including the 
     power to waive claims if the Secretary determines that to do 
     so would serve the purposes of this section. Such powers with 
     respect to claims against recipients may be delegated by the 
     Secretary to State agencies.
       (f) Administrative and Judicial Review.--(1) Whenever--
       (A) an application of a retail food store or wholesale food 
     concern for approval to accept and redeem coupons issued 
     under subsection (a) is denied pursuant to this section,
       (B) a retail food store or wholesale food concern is 
     disqualified or subjected to a civil money penalty under 
     subsection (d),
       (C) all or part of any claim of a retail food store or 
     wholesale food concern is denied under subsection (e), or
       (D) a claim against a State is stated pursuant to 
     subsection (e),

     notice of such administrative action shall be issued to the 
     retail food store, wholesale food concern, or State involved. 
     Such notice shall be delivered by certified mail or personal 
     service. If such store, concern, or State is aggrieved by 
     such action, it may, in accordance with regulations 
     promulgated under this section, within 10 days of the date of 
     delivery of such notice, file a written request for an 
     opportunity to submit information in support of its position 
     to such person or persons as the regulations may designate. 
     If such a request is not made or if such store, concern, or 
     State fails to submit information in support of its position 
     after filing a request, the administrative determination 
     shall be final. If such request is made by such store, 
     concern, or State such information as may be submitted by 
     such store, concern, or State as well as such other 
     information as may be available, shall be reviewed by the 
     person or persons designated by the Secretary, who shall, 
     subject to the right of judicial review hereinafter provided, 
     make a determination which shall be final and which shall 
     take effect 30 days after the date of the delivery or service 
     of such final notice of determination. If such store, 
     concern, or State feels aggrieved by such final 
     determination, it may obtain judicial review thereof by 
     filing a complaint against the United States in the United 
     States court for the district in which it resides or is 
     engaged in business, or, in the case of a retail food store 
     or wholesale food concern, in any court of record of the 
     State having competent jurisdiction, within 30 days after the 
     date of delivery or service of the final notice of 
     determination upon it, requesting the court to set aside such 
     determination. The copy of the summons and

[[Page 435]]

     complaint required to be delivered to the official or agency 
     whose order is being attacked shall be sent to the Secretary 
     or such person or persons as the Secretary may designate to 
     receive service of process. The suit in the United States 
     district court or State court shall be a trial de novo by the 
     court in which the court shall determine the validity of the 
     questioned administrative action in issue. If the court 
     determines that such administrative action is invalid, it 
     shall enter such judgment or order as it determines is in 
     accordance with the law and the evidence. During the pendency 
     of such judicial review, or any appeal therefrom, the 
     administrative action under review shall be and remain in 
     full force and effect, unless on application to the court on 
     not less than ten days' notice, and after hearing thereon and 
     a consideration by the court of the applicant's likelihood of 
     prevailing on the merits and of irreparable injury, the court 
     temporarily stays such administrative action pending 
     disposition of such trial or appeal.
       (g) Violations and Enforcement.--(1) Subject to paragraph 
     (2), whoever knowingly uses, transfers, acquires, alters, or 
     possesses coupons in any manner contrary to this section or 
     the regulations issued pursuant to this section shall, if 
     such coupons are of a value of $5,000 or more, be guilty of a 
     felony and shall be fined not more than $250,000 or 
     imprisoned for not more than 20 years, or both, and shall, if 
     such coupons are of a value of $100 or more, but less than 
     $5,000, be guilty of a felony and shall, upon the first 
     conviction thereof, be fined not more than $10,000 or 
     imprisoned for not more than 5 years, or both, and, upon the 
     second and any subsequent conviction thereof, shall be 
     imprisoned for not less than 6 months nor more than 5 years 
     and may also be fined not more than $10,000 or, if such 
     coupons are of a value of less than $100, shall be guilty of 
     a misdemeanor, and, upon the first conviction thereof, shall 
     be fined not more than $1,000 or imprisoned for not more than 
     one year, or both, and upon the second and any subsequent 
     conviction thereof, shall be imprisoned for not more than one 
     year and may also be fined not more than $1,000.
       (2) In the case of any individual convicted of an offense 
     under paragraph (1), the court may permit such individual to 
     perform work approved by the court for the purpose of 
     providing restitution for losses incurred by the United 
     States and the State as a result of the offense for which 
     such individual was convicted. If the court permits such 
     individual to perform such work and such individual agrees 
     thereto, the court shall withhold the imposition of the 
     sentence on the condition that such individual perform the 
     assigned work. Upon the successful completion of the assigned 
     work the court may suspend such sentence.
       (3) Whoever presents, or causes to be presented, coupons 
     for payment or redemption of the value of $100 or more, 
     knowing the same to have been received, transferred, or used 
     in any manner in violation of this section or the regulations 
     issued under this section, shall be guilty of a felony and, 
     upon the first conviction thereof, shall be fined not more 
     than $20,000 or imprisoned for not more than 5 years, or 
     both, and, upon the second and any subsequent conviction 
     thereof, shall be imprisoned for not less than one year nor 
     more than 5 years and may also be fined not more than 
     $20,000, or, if such coupons are of a value of less than 
     $100, shall be guilty of a misdemeanor and, upon the first 
     conviction thereof, shall be fined not more than $1,000 or 
     imprisoned for not more than one year, or both, and, upon the 
     second and any subsequent conviction thereof, shall be 
     imprisoned for not more than one year and may also be fined 
     not more than $1,000.

     SEC. 533. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``coupon'' means any coupon, stamp, or type of 
     certificate, but does not include currency,
       (2) the term ``economically disadvantaged'' means an 
     individual or a family, as the case may be, whose income does 
     not exceed the most recent lower living standard income level 
     published by the Department of Labor,
       (3) the term ``elderly or disabled individual'' means an 
     individual who--
       (A) is 60 years of age or older,
       (B)(i) receives supplemental security income benefits under 
     title XVI of the Social Security Act (42 U.S.C. 1381 et 
     seq.), or Federally or State administered supplemental 
     benefits of the type described in section 212(a) of Public 
     Law 93-66 (42 U.S.C. 1382 note), or
       (ii) receives Federally or State administered supplemental 
     assistance of the type described in section 1616(a) of the 
     Social Security Act (42 U.S.C. 1382e(a)), interim assistance 
     pending receipt of supplemental security income, disability-
     related medical assistance under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.), or disability-based 
     State general assistance benefits, if the Secretary 
     determines that such benefits are conditioned on meeting 
     disability or blindness criteria at least as stringent as 
     those used under title XVI of the Social Security Act,
       (C) receives disability or blindness payments under title 
     I, II, X, XIV, or XVI of the Social Security Act (42 U.S.C. 
     301 et seq.) or receives disability retirement benefits from 
     a governmental agency because of a disability considered 
     permanent under section 221(i) of the Social Security Act (42 
     U.S.C. 421(i)),
       (D) is a veteran who--
       (i) has a service-connected or non-service-connected 
     disability which is rated as total under title 38, United 
     States Code, or
       (ii) is considered in need of regular aid and attendance or 
     permanently housebound under such title,
       (E) is a surviving spouse of a veteran and--
       (i) is considered in need of regular aid and attendance or 
     permanently housebound under title 38, United States Code, or
       (ii) is entitled to compensation for a service-connected 
     death or pension benefits for a non-service-connected death 
     under title 38, United States Code, and has a disability 
     considered permanent under section 221(i) of the Social 
     Security Act (42 U.S.C. 421(i)),
       (F) is a child of a veteran and--
       (i) is considered permanently incapable of self-support 
     under section 414 of title 38, United States Code, or
       (ii) is entitled to compensation for a service-connected 
     death or pension benefits for a non-service-connected death 
     under title 38, United States Code, and has a disability 
     considered permanent under section 221(i) of the Social 
     Security Act (42 U.S.C. 421(i)), or
       (G) is an individual receiving an annuity under section 
     2(a)(1)(iv) or 2(a)(1)(v) of the Railroad Retirement Act of 
     1974 (45 U.S.C. 231a(a)(1)(iv) or 231a(a)(1)(v)), if the 
     individual's service as an employee under the Railroad 
     Retirement Act of 1974, after December 31, 1936, had been 
     included in the term ``employment'' as defined in the Social 
     Security Act (42 U.S.C. 301 et seq.), and if an application 
     for disability benefits had been filed,
       (4) the term ``food'' means, for purposes of section 532(a) 
     only--
       (A) any food or food product for home consumption except 
     alcoholic beverages, tobacco, and hot foods or hot food 
     products ready for immediate consumption other than those 
     authorized pursuant to subparagraphs (C), (D), (E), (G), (H), 
     and (I),
       (B) seeds and plants for use in gardens to produce food for 
     the personal consumption of the eligible individuals,
       (C) in the case of those persons who are 60 years of age or 
     over or who receive supplemental security income benefits or 
     disability or blindness payments under title I, II, X, XIV, 
     or XVI of the Social Security Act (42 U.S.C. 301 et seq.), 
     and their spouses, meals prepared by and served in senior 
     citizens' centers, apartment buildings occupied primarily by 
     such persons, public or private nonprofit establishments 
     (eating or otherwise) that feed such persons, private 
     establishments that contract with the appropriate agency of 
     the State to offer meals for such persons at concessional 
     prices, and meals prepared for and served to residents of 
     federally subsidized housing for the elderly,
       (D) in the case of persons 60 years of age or over and 
     persons who are physically or mentally handicapped or 
     otherwise so disabled that they are unable adequately to 
     prepare all of their meals, meals prepared for and delivered 
     to them (and their spouses) at their home by a public or 
     private nonprofit organization or by a private establishment 
     that contracts with the appropriate State agency to perform 
     such services at concessional prices,
       (E) in the case of narcotics addicts or alcoholics, and 
     their children, served by drug addiction or alcoholic 
     treatment and rehabilitation programs, meals prepared and 
     served under such programs,
       (F) in the case of eligible individuals living in Alaska, 
     equipment for procuring food by hunting and fishing, such as 
     nets, hooks, rods, harpoons, and knives (but not equipment 
     for purposes of transportation, clothing, or shelter, and not 
     firearms, ammunition, and explosives) if the Secretary 
     determines that such individuals are located in an area of 
     the State where it is extremely difficult to reach stores 
     selling food and that such individuals depend to a 
     substantial extent upon hunting and fishing for subsistence,
       (G) in the case of disabled or blind recipients of benefits 
     under title I, II, X, XIV, or XVI of the Social Security Act 
     (42 U.S.C. 301 et seq.), or are individuals described in 
     subparagraphs (B) through (G) of paragraph (4), who are 
     residents in a public or private nonprofit group living 
     arrangement that serves no more than 16 residents and is 
     certified by the appropriate State agency or agencies under 
     regulations issued under section 1616(e) of the Social 
     Security Act (42 U.S.C. 1382e(e)) or under standards 
     determined by the Secretary to be comparable to standards 
     implemented by appropriate State agencies under such section, 
     meals prepared and served under such arrangement,
       (H) in the case of women and children temporarily residing 
     in public or private nonprofit shelters for battered women 
     and children, meals prepared and served, by such shelters, 
     and
       (I) in the case of individuals that do not reside in 
     permanent dwellings and individuals that have no fixed 
     mailing addresses, meals prepared for and served by a public 
     or private nonprofit establishment (approved by an 
     appropriate State or local agency) that feeds such 
     individuals and by private establishments that contract with 
     the appropriate agency of the State to offer meals for such 
     individuals at concessional prices,
       (5) the term ``retail food store'' means--
       (A) an establishment or recognized department thereof or 
     house-to-house trade route, over 50 percent of whose food 
     sales volume, as determined by visual inspection, sales 
     records, purchase records, or other inventory or accounting 
     recordkeeping methods that are customary or reasonable in the 
     retail food industry, consists of staple food items for home 
     preparation and consumption, such

[[Page 436]]

     as meat, poultry, fish, bread, cereals, vegetables, fruits, 
     dairy products, and the like, but not including accessory 
     food items, such as coffee, tea, cocoa, carbonated and 
     uncarbonated drinks, candy, condiments, and spices,
       (B) an establishment, organization, program, or group 
     living arrangement referred to in subparagraph (C), (D), (E), 
     (G), (H), or (I) of paragraph (5),
       (C) a store purveying the hunting and fishing equipment 
     described in paragraph (5)(F), or
       (D) any private nonprofit cooperative food purchasing 
     venture, including those in which the members pay for food 
     purchased prior to the receipt of such food,
       (6) the term ``school'' means an elementary, intermediate, 
     or secondary school,
       (7) the term ``Secretary'' means the Secretary of 
     Agriculture,
       (8) the term ``State'' means any of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands of the United States, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, 
     Palau, or a tribal organization that exercises governmental 
     jurisdiction over a geographically defined area, and
       (9) the term ``tribal organization'' has the meaning given 
     it in section 4(l) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b(l)).

     SEC. 534. REPEALER.

       The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is 
     repealed.
       
       Strike section 591 of the bill and insert the following:

     SEC. 591. EFFECTIVE DATE; APPLICATION OF REPEALER.

       (a) Effective Dates.--
       (1) General effective date of subtitle A.Subtitle A shall 
     take effect on October 1, 1995.
       (2) General effective date of subtitle B.--Except as 
     provided in subsection (b), subtitle B and the repeal made by 
     section 534 shall take effect on the date of the enactment of 
     this Act.
       (3) Special effective date.--The repeal made by section 534 
     shall not take effect until the first day of the first fiscal 
     year for which funds are appropriated more than 180 days in 
     advance of such fiscal year to carry out section 531.
       (b) Application of Repealer.--The repeal made by section 
     534 shall not apply with respect to--
       (1) powers, duties, functions, rights, claims, penalties, 
     or obligations applicable to financial assistance provided 
     under the Food Stamp Act of 1977 before the effective date of 
     such repeal, and
       (2) administrative actions and proceedings commenced before 
     such date, or authorized before such date to be commenced, 
     under such Act.

It was decided in the

Yeas

114

negative

Nays

316
```