HOUSE OF REPRESENTATIVES

433

1995 T49.6

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Moakley

Molinari

Mollohan

Moorhead

Morella

Murtha

Nadler

Neal

Nethercutt

Neumann

Ney

Nussle

Oberstar

Obey

Olver

Ortiz

Owens

Oxley

Packard

Pallone

Paxon

Payne (NJ)

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Reynolds

Richardson

Riggs

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roybal-Allard

Royce

Rush

Sabo

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Solomon

Spence

Spratt

Stark

Stearns

Stockman

Stokes

Studds

Stump

Stupak

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thompson

Thornberry

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Tucker

Upton

Velazquez

Vento

Visclosky

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—4

Clay

Roukema

Salmon

Smith (WA)

So the amendment was not agreed to.

After some further time,

T49.6 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
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T49.6 MARCH 23

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
HOUSE OF REPRESENTATIVES

435

1995 T49.6

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 disabilitybased 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-serviceconnected 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
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436

T49.7 MARCH 23

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

T49.7 [Roll No. 263]

AYES—114

Archer

Armey

Bachus

Baker (LA)

Barr

Bartlett

Barton

Bono

Bryant (TN)

Bunning

Burton

Chabot

Chenoweth

Christensen

Chrysler

Coble

Coburn

Collins (GA)

Cox

Crane

Crapo

DeLay

Doolittle

Dornan

Duncan

Dunn

English

Ensign

Fawell

Fields (TX)

Flanagan

Forbes

Fox

Funderburk

Gallegly

Gekas

Geren

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gutknecht

Hall (TX)

Hancock

Hansen

Hefley

Herger

Hilleary

Hoekstra

Hoke

Hostettler

Hunter

Hyde

Inglis

Istook

Johnson, Sam

Jones

Kasich

King

Klug

Largent

Livingston

Manzullo

McCollum

McCrery

McInnis

McIntosh

Mica

Miller (FL)

Moorhead

Myers

Myrick

Neumann

Ney

Norwood

Paxon

Petri

Porter

Portman

Quillen

Radanovich

Ramstad

Riggs

Rohrabacher

Roth

Royce

Salmon

Sanford

Scarborough

Schaefer

Seastrand

Sensenbrenner

Shadegg

Shays

Smith (MI)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stockman

Stump

Talent

Tate

Taylor (MS)

Taylor (NC)

Thornberry

Torkildsen

Walker

Wamp

Weldon (FL)

Zimmer

NOES—316

Abercrombie

Ackerman

Allard

Andrews

Baesler

Baker (CA)

Baldacci

Ballenger

Barcia

Barrett (NE)

Barrett (WI)

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TX)

Bunn

Burr

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chambliss

Clay

Clayton

Clement

Clinger

Clyburn

Coleman

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Coyne

Cramer

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

Dellums

Deutsch

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Dreier

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Foley

Ford

Fowler

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Furse

Ganske

Gejdenson

Gephardt

Gibbons

Gilchrest

Gillmor

Gonzalez

Gordon

Green

Gunderson

Gutierrez

Hall (OH)

Hamilton

Harman

Hastert

Hastings (FL)

Hayes

Hayworth

Hefner

Heineman

Hilliard

Hinchey

Hobson

Holden

Horn

Houghton

Hoyer

Hutchinson

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

Kingston

Kleczka

Klink

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McDade

McDermott

McHale

McHugh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Miller (CA)

Mineta

Minge

Mink

Molinari

Mollohan

Montgomery

Moran

Morella

Murtha

Nadler

Neal

Nethercutt

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Oxley

Packard

Pallone

Parker

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Pickett

Pombo

Pomeroy

Poshard

Pryce

Quinn

Rahall

Rangel

Reed

Regula

Reynolds

Richardson

Rivers

Roberts

Roemer

Rogers

Ros-Lehtinen

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Saxton

Schiff

Schroeder

Schumer

Scott

Serrano

Shaw

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (NJ)

Smith (TX)

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Tauzin

Tejeda

Thomas

Thompson

Thornton

Thurman

Tiahrt

Torres

Torricelli

Towns

Traficant

Tucker

Upton

Velazquez

Vento

Visclosky

Volkmer

Vucanovich

Waldholtz

Walsh

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

NOT VOTING—4

Chapman

Hastings (WA)

Moakley

Williams

So the amendment was not agreed to.

After some further time,

T49.8 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. SALMON:

Page 387, after line 10, insert the following:

SEC. 768. LIENS.

Section 466(a)(4) (42 U.S.C. 666(a)(4)) is

amended to read as follows:

‘‘(4) Procedures under which—

‘‘(A) liens arise by operation of law against

real and personal property for amounts of

overdue support owed by an absent parent

who resides or owns property in the State;

and

‘‘(B) the State accords full faith and credit

to liens described in subparagraph (A) arising in another State, without registration of

the underlying order.’’.

Amend the table of contents accordingly.

It was decided in the Yeas ....... 433 ! affirmative ................... Nays ...... 0

T49.9 [Roll No. 264]

AYES—433

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo