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104TH CONGRESS

1ST SESSION H. R. 1997

To provide flexibility to States in the administration of the food stamp

program, consolidation of the commodity distribution programs, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 1995

Mr. EMERSON introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To provide flexibility to States in the administration of the

food stamp program, consolidation of the commodity distribution programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Food Stamp Flexibility

5 and Commodity Distribution Consolidation Act of 1995’’.
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1 TITLE I—FOOD STAMP PROGRAM

2 Subtitle A—State Flexibility

3 SEC. 101. CERTIFICATION PERIOD.

4 Section 3(c) of the Food Stamp Act of 1977 (7

5 U.S.C. 2012(c)) is amended by striking ‘‘authorization

6 cards. Except as provided’’ and all that follows and insert7 ing the following: ‘‘benefits. The certification period shall

8 not exceed 24 months. A State agency shall have at least

9 1 contact with each certified household every 12 months.’’.

10 SEC. 102. STANDARD UTILITY ALLOWANCE.

11 Section 5(e) of the Food Stamp Act of 1977 (7

12 U.S.C. 2014(e)) is amended in the fourteenth sentence by

13 striking ‘‘and up to one additional time during each

14 twelve-month period’’.

15 SEC. 103. COOPERATION WITH CHILD SUPPORT AGENCIES.

16 Section 6 of the Food Stamp Act of 1977 (7 U.S.C.

17 2015) is amended by adding at the end the following:

18 ‘‘(i) COOPERATION WITH CHILD SUPPORT AGEN19 CIES.—

20 ‘‘(1) CUSTODIAL PARENT.—

21 ‘‘(A) IN GENERAL.—At the option of a

22 State agency, subject to paragraph (3) and sub23 paragraph (B), a natural or adoptive parent or

24 other individual who is living with and exercis25 ing parental control over a child under the age
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1 of 18 who has an absent parent shall not be eli2 gible to participate in the food stamp program

3 if such individual refuses to cooperate with the

4 State agency administering the program estab5 lished under part D of title IV of the Social Se6 curity Act (42 U.S.C. 651 et seq.)—

7 ‘‘(i) in establishing the paternity of

8 the child (if the child is born out of wed9 lock); and

10 ‘‘(ii) in obtaining support for—

11 ‘‘(I) the child; or

12 ‘‘(II) the individual and the child.

13 ‘‘(B) GOOD CAUSE FOR NONCOOP

14 ERATION.—Subparagraphs (A) shall not apply

15 to the individual if good cause is found for re16 fusing to cooperate, as determined by the State

17 agency in accordance with standards prescribed

18 by the Secretary in consultation with the Sec19 retary of Health and Human Services. The

20 standards shall take into consideration cir21 cumstances under which cooperation may be

22 against the best interests of the child.

23 ‘‘(2) NON-CUSTODIAL PARENT.—

24 ‘‘(A) IN GENERAL.—At the option of a

25 State agency, subject to paragraph (3) and sub-
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1 paragraph (B), a non-custodial parent, includ2 ing a putative non-custodial parent, of a child

3 under the age of 18 shall not be eligible to par4 ticipate in the food stamp program if such indi5 vidual refuses to cooperate with the State agen6 cy administering the program established under

7 part D of title IV of the Social Security Act

8 (42 U.S.C. 651 et seq.)—

9 ‘‘(i) in establishing the paternity of

10 the child (if the child is born out of wed11 lock); and

12 ‘‘(ii) in providing support for the

13 child.

14 ‘‘(B) REFUSAL TO COOPERATE.—

15 ‘‘(i) GUIDELINES.—The Secretary, in

16 consultation with the Secretary of Health

17 and Human Services, shall develop guide18 lines on what constitutes a refusal to co19 operate under subparagraph (A).

20 ‘‘(ii) PROCEDURES.—The State agen21 cy shall develop procedures, using guide22 lines developed under clause (i), for deter23 mining whether an individual is refusing to

24 cooperate under subparagraph (A).
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1 ‘‘(3) FEES.—Paragraphs (1) and (2) shall not

2 require the payment of a fee or other cost for serv3 ices provided under part D of title IV of the Social

4 Security Act (42 U.S.C. 651 et seq.).

5 ‘‘(4) PRIVACY.—The State agency shall provide

6 safeguards to restrict the use of information col7 lected by a State agency administering the program

8 established under part D of title IV of the Social Se9 curity Act (42 U.S.C. 651 et seq.).’’.

10 SEC. 104. CHARGING FOR ELECTRONIC BENEFIT TRANSFER

11 CARD REPLACEMENT.

12 Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C.

13 2016(i)) is amended by adding at the end the following:

14 ‘‘(7) CHARGING FOR ELECTRONIC BENEFIT

15 TRANSFER CARD REPLACEMENT.—

16 ‘‘(A) IN GENERAL.—A State agency may

17 charge a household for the cost of replacing an

18 electronic benefit transfer card.

19 ‘‘(B) REDUCING ALLOTMENT.—A State

20 agency may collect a charge imposed under sub21 paragraph (A) by reducing the benefit of the

22 household of which the individual is a mem23 ber.’’.
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1 SEC. 105. OPTIONAL COMBINED ALLOTMENT.

2 Section 8(c)(3) of the Food Stamp Act of 1977 (7

3 U.S.C. 2017(c)(3)) is amended to read as follows:

4 ‘‘(3) OPTIONAL COMBINED ALLOTMENT FOR

5 EXPEDITED HOUSEHOLDS.—A State agency may

6 provide to an eligible household applying after the

7 15th day of a month, in lieu of the initial allotment

8 of the household and the regular allotment of the

9 household for the following month, an allotment that

10 is the aggregate of the initial allotment and the first

11 regular allotment, which shall be provided in accord12 ance with section 11(e)(3) in the case of a household

13 that is not entitled to expedited service or in accord14 ance with paragraphs (3) and (9) of section 11(e) in

15 the case of a household that is entitled to expedited

16 service.’’.

17 SEC. 106. OPERATION OF FOOD STAMP OFFICES.

18 Section 11 of the Food Stamp Act of 1977 (7 U.S.C.

19 2020) is amended—

20 (1) in subsection (e)—

21 (A) by amending paragraph (2) to read as

22 follows:

23 ‘‘(2)(A) that the State agency shall establish

24 procedures governing the operation of food stamp of25 fices that the State agency determines best serve

26 households in the State, including households with
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1 special needs, such as households with elderly or dis2 abled members, households in rural areas with low3 income members, homeless individuals, households

4 residing on reservations, and households in which a

5 language other than English is spoken.

6 ‘‘(B) In carrying out subparagraph (A), a State

7 agency—

8 ‘‘(i) shall develop applications containing

9 the information necessary to comply with the

10 provisions of this Act;

11 ‘‘(ii) shall permit an applicant household to

12 apply to participate in the program on the same

13 day that the household first contacts a food

14 stamp office in person during office hours;

15 ‘‘(iii) shall consider an application filed on

16 the date the applicant submits an application

17 that contains the name, address, and signature

18 of the applicant;

19 ‘‘(iv) shall require that an adult represent20 ative of each applicant household certify in

21 writing, under penalty of perjury, that—

22 ‘‘(I) the information contained in the

23 application is true; and
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1 ‘‘(II) all members of the household

2 are either citizens or are aliens eligible to

3 receive food stamps under section 6(f);

4 ‘‘(v) shall provide a method of certifying

5 and issuing coupons to eligible households that

6 do not reside in permanent dwellings or who do

7 not have fixed mailing addresses, ensuring that

8 participation in the food stamp program is lim9 ited to eligible households; and

10 ‘‘(vi) may establish operating procedures

11 that vary for local food stamp offices to reflect

12 regional and local differences within the State.

13 ‘‘(C) Nothing in this Act shall be deemed to

14 prohibit the use of signatures provided and main15 tained electronically, storage of records using auto16 mated information retrieval systems only, or any

17 other feature of a State agency’s application system

18 that does not rely exclusively on the collection and

19 retention of paper applications or other records;’’;

20 (B) in paragraph (3)—

21 (i) by striking ‘‘shall—’’ and all that

22 follows through ‘‘provide each’’ and insert23 ing ‘‘shall provide each’’; and

24 (ii) by striking ‘‘(B) assist’’ and all

25 that follows through the end; and
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1 (C)(i) by striking paragraphs (14) and

2 (25); and

3 (ii) by redesignating paragraphs (15)

4 through (24) as paragraphs (14) through (23),

5 respectively; and

6 (2) in subsection (i)—

7 (A) by striking ‘‘(i) Notwithstanding’’ and

8 all that follows through ‘‘(2)’’ and inserting the

9 following:

10 ‘‘(i) APPLICATION AND DENIAL PROCEDURES.—

11 ‘‘(1) APPLICATION PROCEDURES.—Notwith12 standing any other provision of law,’’; and

13 (B) by striking ‘‘; (3) households’’ and all

14 that follows through ‘‘title IV of the Social Se15 curity Act. No’’ and inserting a period and the

16 following:

17 ‘‘(2) DENIAL AND TERMINATION.—Other than

18 in a case of disqualification as a penalty for failure

19 to comply with a public assistance program rule or

20 regulation, no’’.

21 SEC. 107. STATE EMPLOYMENT AND TRAINING STANDARDS.

22 Section 11(e)(6) of the Food Stamp Act of 1977 (7

23 U.S.C. 2020(e)(6)) is amended—

24 (1) by striking ‘‘(C) the State agency’’ and all

25 that follows; and
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1 (2) by inserting ‘‘and’’ before ‘‘(B) the State

2 agency’’.

3 SEC. 108. EXPEDITED COUPON SERVICE.

4 Section 11(e)(9) of the Food Stamp Act of 1977 (7

5 U.S.C. 2020(e)(9)) is amended—

6 (1) in subparagraph (A)—

7 (A) by striking ‘‘five days’’ and inserting

8 ‘‘7 days’’; and

9 (B) by inserting ‘‘and’’ at the end;

10 (2) by striking subparagraphs (B) and (C);

11 (3) by redesignating subparagraph (D) as sub12 paragraph (B); and

13 (4) in subparagraph (B), as redesignated by

14 paragraph (3), by striking ‘‘, (B), or (C)’’.

15 SEC. 109. INCOME AND ELIGIBILITY VERIFICATION SYS16 TEMS.

17 Section 11 of the Food Stamp Act of 1977 (7 U.S.C.

18 2020) is amended—

19 (1) in paragraph (18), as amended by section

20 106(2)(C)—

21 (A) by striking ‘‘that in information is’’

22 and inserting ‘‘at the option of the State agen23 cy, that information may be’’; and

24 (B) by striking ‘‘shall’’ before ‘‘be re25 quested’’ and inserting ‘‘may’’; and
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1 (2) by adding at the end the following:

2 ‘‘(p) STATE VERIFICATION OPTION.—Notwithstand3 ing any other provision of law, a State agency shall not

4 be required to use an income and eligibility or an immigra5 tion status verification system established under section

6 1137 of the Social Security Act (42 U.S.C. 1320b–7).’’.

7 SEC. 110. COLLECTION OF OVERISSUANCES.

8 (a) COLLECTION OF OVERISSUANCES.—Section 13 of

9 the Food Stamp Act of 1977 (7 U.S.C. 2022) is

10 amended—

11 (1) by amending subsection (b) to read as fol12 lows:

13 ‘‘(b) COLLECTION OF OVERISSUANCES.—

14 ‘‘(1) IN GENERAL.—Except as otherwise pro15 vided in this subsection, a State agency shall collect

16 any overissuance of coupons issued to a household

17 by—

18 ‘‘(A) reducing the allotment of the house19 hold;

20 ‘‘(B) recovering unemployment compensa21 tion from a member of the household under

22 subsection (c);

23 ‘‘(C) recovering from Federal pay or a

24 Federal income tax refund under subsection

25 (d); or
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1 ‘‘(D) any other means.

2 ‘‘(2) COST EFFECTIVENESS.—Paragraph (1)

3 shall not apply if the State agency demonstrates to

4 the satisfaction of the Secretary that all of the col5 lection methods referred to in paragraph (1) are not

6 cost effective.

7 ‘‘(3) MAXIMUM REDUCTION ABSENT FRAUD.—

8 If a household received an overissuance of coupons

9 without any member of the household being found

10 ineligible to participate in the program under section

11 6(b)(1) and a State agency elects to reduce the allot12 ment of the household under paragraph (1)(A), to

13 avoid a hardship on the household the State agency

14 shall not reduce the monthly allotment of the house15 hold under paragraph (1)(A) by an amount in excess

16 of the greater of—

17 ‘‘(A) 10 percent of the monthly allotment

18 of the household; or

19 ‘‘(B) $10.

20 ‘‘(4) PROCEDURES.—A State agency shall col21 lect an overissuance of coupons issued to a house22 hold under paragraph (1) in accordance with the re23 quirements established by the State agency for pro24 viding notice, electing a means of payment, and es25 tablishing a time schedule for payment.’’; and
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1 (2) in subsection (d) by striking ‘‘as determined

2 under subsection (b) and except for claims arising

3 from an error of the State agency,’’ and inserting ‘‘,

4 as determined under subsection (b)(1),’’.

5 (b) CONFORMING AMENDMENT.—Section 11(e)(8) of

6 the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is

7 amended by striking ‘‘and excluding claims’’ and all that

8 follows through ‘‘such section,’’.

9 (c) RETENTION RATE.—Section 16(a) of the Food

10 Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by

11 striking ‘‘25 percent during the period beginning October

12 1, 1990’’ and all that follows through ‘‘error of a State

13 agency.’’ and inserting the following: ‘‘25 percent of the

14 overissuances collected by the State agency under section

15 13, except those overissuances arising from an error of

16 the State agency.’’.

17 SEC. 111. CONFORMING AMENDMENTS.

18 (a) SECTION 6(d)(4)(M).—Section 6(d)(4)(M) of the

19 Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)(M)) is

20 amended by striking ‘‘(22)’’ and inserting ‘‘(21)’’.

21 (b) SECTION 7(f).—Section 7(f) of the Act (7 U.S.C.

22 2016(f)) is amended by striking ‘‘(20)’’ and inserting

23 ‘‘(19)’’.
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1 (c) SECTION 21(b)(2)(G).—Section 21(b)(2)(G) of

2 the Act (7 U.S.C. 2030(b)(2)(G)) is amended by striking

3 ‘‘(19)’’ and inserting ‘‘(18)’’.

4 Subtitle B—Vitamins and Minerals

5 SEC. 121. VITAMINS AND MINERALS.

6 Section 3(g)(1) of the Food Stamp Act of 1977 (7

7 U.S.C. 2012(g)(1)) is amended by striking ‘‘or food prod8 uct’’ and inserting ‘‘food product, or vitamins and min9 erals’’.

10 Subtitle C—Technical Amendments

11 SEC. 131. HOUSEHOLD INCOME.

12 Section 5(d) of the Food Stamp Act of 1977 (7

13 U.S.C. 2014(d)) is amended to read as follows:

14 ‘‘(d) HOUSEHOLD INCOME.—Household income for

15 purposes of the food stamp program shall include all in16 come from whatever source excluding only—

17 ‘‘(1) any gain or benefit which is not in the

18 form of money payable directly to a household (not19 withstanding its conversion in whole or in part to di20 rect payments to households pursuant to any dem21 onstration project carried out or authorized under

22 Federal law including demonstration projects created

23 by the waiver of provisions of Federal law), except

24 as provided in subsection (k);
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1 ‘‘(2) any income in the certification period

2 which is received too infrequently or irregularly to be

3 reasonably anticipated, but not in excess of $30 in

4 a quarter, subject to modification by the Secretary

5 under subsection (f);

6 ‘‘(3) all educational loans on which payment is

7 deferred, grants, scholarships, fellowships, veterans’

8 educational benefits, and the like—

9 ‘‘(A) awarded to a household member en10 rolled at a recognized institution of post-second11 ary education, at a school for the handicapped,

12 in a vocational education program, or in a pro13 gram that provides for completion of a second14 ary school diploma or obtaining the equivalent

15 thereof;

16 ‘‘(B) to the extent that they do not exceed

17 the amount used for or made available as an al18 lowance determined by such school, institution,

19 program, or other grantor, for tuition and man20 datory fees (including the rental or purchase of

21 any equipment, materials, and supplies related

22 to the pursuit of the course of study involved),

23 books, supplies, transportation, and other mis24 cellaneous personal expenses (other than living
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1 expenses), of the student incidental to attending

2 such school, institution, or program; and

3 ‘‘(C) to the extent loans include any origi4 nation fees and insurance premiums;

5 ‘‘(4) all loans other than educational loans on

6 which repayment is deferred;

7 ‘‘(5)(A) reimbursements which do not exceed

8 expenses actually incurred and which do not rep9 resent a gain or benefit to the household; and

10 ‘‘(B) any allowance a State agency provides no

11 more frequently than annually to families with chil12 dren on the occasion of those children’s entering or

13 returning to school or child care for the purpose of

14 obtaining school clothes (except that no such allow15 ance shall be excluded if the State agency reduces

16 monthly assistance under part A of title IV of the

17 Social Security Act (42 U.S.C. 601 et seq.) in the

18 month for which the allowance is provided): Pro19 vided, That no portion of benefits provided under

20 title IV of the Social Security Act, to the extent it

21 is attributable to an adjustment for work-related or

22 child care expenses (except for payments or reim23 bursements for such expenses made under an em24 ployment, education, or training program initiated

25 under such title after the date of enactment of the
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1 Hunger Prevention Act of 1988, and no portion of

2 any educational loan on which payment is deferred,

3 grant, scholarship, fellowship, veterans’ benefits, and

4 the like that are provided for living expenses, shall

5 be considered such reimbursement;

6 ‘‘(6) moneys received and used for the care and

7 maintenance of a third-party beneficiary who is not

8 a household member;

9 ‘‘(7) income earned by a child who is a member

10 of the household, who is an elementary or secondary

11 school student, and who is 21 years of age or young12 er;

13 ‘‘(8) moneys received in the form of non14 recurring lump-sum payments, including, but not

15 limited to, income tax refunds, rebates, or credits,

16 cash donations based on need that are received from

17 one or more private nonprofit charitable organiza18 tions (but not in excess of $300 in the aggregate in

19 a quarter), retroactive lump-sum social security or

20 railroad retirement pension payments and retro21 active lump-sum insurance settlements: Provided,

22 That such payments shall be counted as resources,

23 unless specifically excluded by other laws;

24 ‘‘(9) the cost of producing self-employed in25 come, but household income that otherwise is in-
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1 cluded under this subsection shall be reduced by the

2 extent that the cost of producing self-employment in3 come exceeds the income derived from self-employ4 ment as a farmer;

5 ‘‘(10) any income that any other Federal law

6 specifically excludes from consideration as income

7 for purposes of determining eligibility for the food

8 stamp program except as otherwise provided in sub9 section (k) of this section;

10 ‘‘(11) any payments or allowances made for the

11 purpose of providing energy assistance—

12 ‘‘(A) under any Federal law; or

13 ‘‘(B) under any State or local laws—

14 ‘‘(I) designated by the State or local

15 legislative body authorizing such payments

16 or allowances as energy assistance; and

17 ‘‘(II) determined by the Secretary to

18 be calculated as if provided by the State or

19 local government involved on a seasonal

20 basis for an aggregate period not to exceed

21 six months in any year even if such pay22 ments or allowances (including tax credits)

23 are not provided a seasonal basis because

24 it would be administratively infeasible or

25 impracticable to do so;
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1 ‘‘(12) through September 30 of any fiscal year,

2 any increase in income attributable to a cost-of-liv3 ing adjustment made on or after July 1 of such fis4 cal year under title II or XVI of the Social Security

5 Act (42 U.S.C. 401 et seq.), section 3(a)(1) of the

6 Railroad Retirement Act of 1974 (45 U.S.C.

7 231b(a)(1)), or section 3112 of title 38, United

8 States Code, if the household was certified as eligible

9 to participate in the food stamp program or received

10 an allotment in the month immediately preceding the

11 first month in which the adjustment was effective;

12 ‘‘(13) at the option of a State agency and sub13 ject to subsection (m), child support payments that

14 are excluded under section 402(a)(8)(A)(vi) of the

15 Social Security Act (42 U.S.C. 602(a)(8)(A)(vi));

16 ‘‘(14) any payment made to the household

17 under section 3507 of the Internal Revenue Code of

18 1986 (relating to advance payment of earned income

19 credit);

20 ‘‘(15) any payment made to the household

21 under section 6(d)(4)(I) for work related expenses or

22 for dependent care; and

23 ‘‘(16) any amounts necessary for the fulfillment

24 of a plan for achieving self-support of a household

25 member as provided under subparagraph (A)(iii) or
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1 (B)(iv) of section 1612(b)(4) of the Social Security

2 Act (42 U.S.C. 1382a(b)(4)).’’.

3 SEC. 132. STATE PLAN.

4 Section 11(d) of the Food Stamp Act of 1977 (7

5 U.S.C. 2020(d)) is amended—

6 (1) by striking ‘‘(d) The State agency’’ and in7 serting ‘‘(d)(1) STATE PLAN.—The State agency’’;

8 (2) in the second sentence by striking ‘‘may’’

9 after ‘‘Secretary’’ and inserting ‘‘shall’’; and

10 (3) by striking the third sentence and all that

11 follows through the end of the subsection and insert12 ing the following:

13 ‘‘(2) INDIAN RESERVATIONS.—

14 ‘‘(A) In the case of all or part of an Indian

15 reservation, the State agency (as defined in sec16 tion 3(n)(1)) shall be responsible for conducting

17 such program on such reservation and submit18 ting for approval a plan of operation specifying

19 the manner in which such program will be con20 ducted unless the Secretary determines that—

21 ‘‘(i) the State agency (as defined in

22 section 3(n)(1)) is failing to properly ad23 minister such program on such reservation

24 in accordance with the purposes of this

25 Act; and
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1 ‘‘(ii) the State agency (as defined in

2 section 3(n)(2)) is capable of effectively

3 and efficiently conducting such program

4 considering—

5 ‘‘(I) the distance of the reserva6 tion from State agency-operated (as

7 defined in section 3(n)(1)) certifi8 cation and issuance centers;

9 ‘‘(II) the previous experience of

10 Indian tribal organization in the oper11 ation of programs authorized under

12 the Indian Self-Determination Act (25

13 U.S.C. 450) and similar Acts of Con14 gress;

15 ‘‘(III) the Indian tribal organiza16 tion’s management and fiscal capabili17 ties; and

18 ‘‘(IV) the adequacy of measures

19 taken by the Indian tribal organiza20 tion to ensure that there shall be no

21 discrimination in the operation of the

22 program on the basis of race, color,

23 sex, or national origin.

24 ‘‘(B) The Secretary, upon the request of a

25 tribal organization, shall provide the designees
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1 of such organization with appropriate training

2 and technical assistance to enable them to qual3 ify as expeditiously as possible as a State agen4 cy pursuant to section 3(n)(2) of this Act.

5 ‘‘(C) The State agency (as defined in sec6 tion 3(n)(1)), before submitting a plan of oper7 ation to the Secretary for the administration of

8 the food stamp program on all or part of an In9 dian reservation, shall consult in good faith

10 with the tribal organization about that portion

11 of the State’s plan of operation pertaining to

12 the implementation of the program for members

13 of the tribe, and shall implement the program

14 in a manner that is responsive to the needs of

15 the Indians on the reservation as determined by

16 ongoing consultation with the tribal organiza17 tion.’’.

18 SEC. 133. TECHNICAL CORRECTIONS.

19 (a) SECTION 5(j).—Section 5(j) of the Food Stamp

20 Act of 1977 (7 U.S.C. 2014(j)) is amended by striking

21 ‘‘II,’’.

22 (b) SECTION 9(c).—Section 9(c) of the Act (7 U.S.C.

23 2018(c)) is amended by striking ‘‘any’’ before ‘‘used by

24 Federal law enforcement’’ and inserting ‘‘and’’.
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1 (c) SECTION 10.—Section 10 of the Act (7 U.S.C.

2 2019) is amended by striking ‘‘or the Federal Savings and

3 Loan Insurance Corporation’’ in both places where it ap4 pears.

5 (d) SECTION 16(g).—Section 16(g) of the Act (7

6 U.S.C. 2025(g)) is amended by striking ‘‘an amount’’ and

7 all that follows through ‘‘1991, of’’ and inserting ‘‘the

8 amount provided under subsection (a)(6) for’’.

9 Subtitle D—Authorization

10 SEC. 141. AUTHORIZATION OF APPROPRIATIONS.

11 Section 18(a)(1) of the Food Stamp Act of 1977 (7

12 U.S.C. 2027(a)(1)) is amended by striking ‘‘such sums as

13 are necessary for each of the fiscal years 1991 through

14 1995’’ and inserting the following: ‘‘$26,396,300,000 for

15 fiscal year 1996, $25,756,300,000 for fiscal year 1997,

16 $26,507,300,000 for fiscal year 1998, $27,430,300,000

17 for fiscal year 1999, and $28,416,300,000 for fiscal year

18 2000’’.

19 SEC. 142. AUTHORIZATION OF PUERTO RICO BLOCK

20 GRANT.

21 The first sentence of section 19(a)(1)(A) of the Food

22 Stamp Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is amended

23 by striking ‘‘$974,000,000’’ and all that follows through

24 ‘‘fiscal year 1995’’ and inserting the following:

25 ‘‘$1,143,000,000 for fiscal year 1996, $1,182,000,000 for
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1 fiscal year 1997, $1,223,000,000 for fiscal year 1998,

2 $1,266,000,000 for fiscal year 1999, and $1,310,000,000

3 for fiscal year 2000’’.

4 SEC. 143. AMERICAN SAMOA.

5 The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)

6 is amended by adding at the end the following:

7 ‘‘TERRITORY OF AMERICAN SAMOA

8 ‘‘SEC. 24. From the sums appropriated under this

9 Act, the Secretary is authorized to pay to the Territory

10 of American Samoa not more than $5,300,000 each fiscal

11 year 1996 through 2000 to finance 100 percent of the ex12 penditures for each fiscal year for a nutrition assistance

13 program extended under Public Law 96–597.’’.

14 TITLE II—COMMUNITY DISTRIBUTION

15 Subtitle A—Emergency Food Assistance

16 Program

17 SEC. 201. DEFINITIONS.

18 Section 201A of the Emergency Food Assistance Act

19 of 1983 (7 U.S.C. 612c note) is amended to read as fol20 lows:

21 ‘‘SEC. 201A. DEFINITIONS.—As used in this Act, the

22 term:

23 ‘‘(1) ‘Eligible recipient agency’ means—

24 ‘‘(A) a public or nonprofit organization

25 that administers—
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1 ‘‘(i) an emergency feeding organiza2 tion;

3 ‘‘(ii) a charitable institution (including

4 a hospital and a retirement home, but ex5 cluding a penal institution) to the extent

6 that such institution serves needy persons;

7 ‘‘(iii) a summer camp for children, or

8 a child nutrition program providing food

9 service;

10 ‘‘(iv) a nutrition project operating

11 under the Older Americans Act of 1965,

12 including such project that operates a con13 gregate nutrition site and a project that

14 provides home-delivered meals; or

15 ‘‘(v) a disaster relief program;

16 ‘‘(B) that has been designated by the ap17 propriate State agency, or by the Secretary;

18 and

19 ‘‘(C) that has been approved by the Sec20 retary for participation in the program estab21 lished under this Act.

22 ‘‘(2) ‘Emergency feeding organization’ means a

23 public or nonprofit organization that administers ac24 tivities and projects (including the activities and

25 projects of a charitable institution, a food bank, a
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HR 1997 IH

1 food pantry, a hunger relief center, a soup kitchen,

2 or a similar public or private nonprofit eligible recip3 ient agency) providing nutrition assistance to relieve

4 situations of emergency and distress through the

5 provision of food to needy persons, including low-in6 come and unemployed persons.

7 ‘‘(3) ‘Food bank’ means a public and charitable

8 institution that maintains an established operation

9 involving the provision of food or edible commodities,

10 or the products thereof, to food pantries, soup kitch11 ens, hunger relief centers, or other food or feeding

12 centers that, as an integral part of their normal ac13 tivities, provide meals or food to feed needy persons

14 on a regular basis.

15 ‘‘(4) ‘Food pantry’ means a public or private

16 nonprofit organization that distributes food to low17 income and unemployed households, including food

18 from sources other than the Department of Agri19 culture, to relieve situations of emergency and dis20 tress.

21 ‘‘(5) ‘Soup kitchen’ means a public and chari22 table institution that, as integral part of its normal

23 activities, maintains an established feeding operation

24 to provide food to needy homeless persons on a regu25 lar basis.’’.
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HR 1997 IH

1 SEC. 202. AUTHORIZATION OF APPROPRIATIONS FOR AD2 MINISTRATIVE FUNDS.

3 Section 204(a)(1) of the Emergency Food Assistance

4 Act of 1983 (7 U.S.C. 612c note) is amended—

5 (1) by striking ‘‘1991 through 1995’’ and in6 serting ‘‘1996 through 2000’’; and

7 (2) in the third sentence by striking ‘‘commod8 ities under the program’’ and all that follows

9 through ‘‘the distribution of’’.

10 SEC. 203. PURCHASE AND DELIVERY OF COMMODITIES.

11 Section 214 of the Emergency Food Assistance Act

12 of 1983 (7 U.S.C. 612c note) is amended—

13 (1) in subsection (a) by striking ‘‘1991 through

14 1995’’ and inserting ‘‘1996 through 2000’’;

15 (2) in subsection (e)—

16 (A) in the first sentence by striking

17 ‘‘$175,000,000’’ and all that follows through

18 ‘‘1993 and 1995’’ and inserting ‘‘$300,000,000

19 for each of fiscal years 1996 through 2000’’;

20 and

21 (B) in the second sentence by striking

22 ‘‘1991 through 1995’’ and inserting ‘‘1996

23 through 2000’’; and

24 (3) in the second sentence of subsection (h) by

25 striking ‘‘or calculated under subsection (j)’’ and all
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1 that follows through ‘‘such fiscal year’’ and inserting

2 ‘‘before December 31 of the following fiscal year’’.

3 SEC. 204. TECHNICAL AMENDMENTS.

4 (a) EMERGENCY FOOD ASSISTANCE ACT OF 1983.—

5 The Emergency Food Assistance Act of 1983 (7 U.S.C.

6 612c note) is amended—

7 (1) by striking section 202A;

8 (2) in section 203B(a) by striking ‘‘203 and

9 203A of this Act’’ and inserting ‘‘203A’’;

10 (3) in section 204(a)—

11 (A) in the first and second sentences of

12 paragraph (1) by striking ‘‘title’’ the inserting

13 ‘‘Act’’; and

14 (B) in the second sentence of paragraph

15 (2) by striking ‘‘title’’ and inserting ‘‘Act’’;

16 (4) in section 210(e) by striking ‘‘(except as

17 otherwise provided for in section 214(j))’’;

18 (5) by striking section 212; and

19 (6) in section 214—

20 (A) in subsection (g) by striking ‘‘or sub21 section (j) if applicable,’’;

22 (B) in the first sentence of subsection (h)

23 by striking ‘‘or subsection (j) if applicable,’’;

24 and

25 (C) by striking subsection (j).
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1 (b) FOOD SECURITY ACT OF 1985.—The Food Secu2 rity Act of 1985 (7 U.S.C. 612c note) is amended by strik3 ing section 1571.

4 (c) CHARITABLE ASSISTANCE AND FOOD BANK ACT

5 OF 1987.—The Charitable Assistance and Food Bank Act

6 of 1987 (7 U.S.C. 612c note) is amended by striking sec7 tion 3.

8 (d) HUNGER PREVENTION ACT OF 1988.—The Hun9 ger Prevention Act of 1988 (7 U.S.C. 612c note) is

10 amended—

11 (1) by striking section 110;

12 (2) by striking subtitle C of title II; and

13 (3) by striking section 502.

14 (c) FOOD, AGRICULTURE, CONSERVATION AND

15 TRADE ACT OF 1990.—The Food, Agriculture, Conserva16 tion, and Trade Act of 1990 (7 U.S.C. 612c note) is

17 amended by striking section 1773(f).

18 Subtitle B—Commodity Supplemental Food

19 Program

20 SEC. 211. REAUTHORIZATION OF PROGRAM.

21 (a) PURCHASE AND DISTRIBUTION OF COMMOD22 ITIES.—Section 4(a) of the Agriculture and Consumer

23 Protection Act of 1973 (7 U.S.C. 612c note) is amended

24 by striking ‘‘1991 through 1995’’ and inserting ‘‘1996

25 through 2000’’.
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1 (b) COMMODITY SUPPLEMENTAL FOOD PROGRAM.—

2 Section 5 of the Act (7 U.S.C. 612c note) is amended—

3 (1) in subsection (a) by striking ‘‘1991 through

4 1995’’ and inserting ‘‘1996 through 2000’’; and

5 (2) in subsection (d)(2) by striking ‘‘1991

6 through 1995’’ and inserting ‘‘1996 through 2000’’.

7 SEC. 212. INCREASED STATE FLEXIBILITY.

8 Section 5(g) of the Agriculture and Consumer Protec9 tion Act of 1973 (7 U.S.C. 612c note) is amended by

10 striking ‘‘, with the approval of the Secretary,’’.

Æ

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