II

105TH CONGRESS

2D SESSION S. 1763

To restore food stamp benefits for aliens.

IN THE SENATE OF THE UNITED STATES

MARCH 16, 1998

Mr. WELLSTONE introduced the following bill; which was read twice and

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To restore food stamp benefits for aliens.

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 Benefits

5 for Aliens Restoration Act of 1997’’.

6 SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR

7 CERTAIN FEDERAL PROGRAMS.

8 (a) IN GENERAL.—Section 402(a) of the Personal

9 Responsibility and Work Opportunity Reconciliation Act

10 of 1996 (8 U.S.C. 1612(a)) (as amended by section 5301,

11 5302(a), 5303(a), and 5304 of the Balanced Budget Act
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1 of 1997 (Public Law 105–33; 111 Stat. 597, 598, 600))

2 is amended—

3 (1) in paragraph (2)—

4 (A) in subparagraph (A)—

5 (i) by striking clause (ii);

6 (ii) by striking ‘‘ASYLEES.—’’ and all

7 that follows through ‘‘paragraph (3)(A)’’

8 and inserting ‘‘ASYLEES.—With respect to

9 the specified Federal program described in

10 paragraph (3)’’; and

11 (iii) by redesignating subclauses (I)

12 through (IV) as clauses (i) through (iv)

13 and indenting appropriately;

14 (B) in subparagraph (D)—

15 (i) by striking clause (ii); and

16 (ii) in clause (i)—

17 (I) by striking ‘‘(i) SSI.—’’ and

18 all that follows through ‘‘paragraph

19 (3)(A)’’ and inserting the following:

20 ‘‘(i) IN GENERAL.—With respect to

21 the specified Federal program described in

22 paragraph (3)’’;

23 (II) by redesignating subclauses

24 (II) through (IV) as clauses (ii)
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1 through (iv) and indenting appro2 priately;

3 (III) by striking ‘‘subclause (I)’’

4 each place it appears and inserting

5 ‘‘clause (i)’’; and

6 (IV) in clause (iv) (as redesig7 nated by subclause (II)), by striking

8 ‘‘this clause’’ and inserting ‘‘this sub9 paragraph’’; and

10 (C) in subparagraphs (E) through (H), by

11 striking ‘‘paragraph (3)(A)’’ each place it ap12 pears and inserting ‘‘paragraph (3)’’; and

13 (2) in paragraph (3)—

14 (A) by striking ‘‘means any’’ and all that

15 follows through ‘‘The supplemental’’ and insert16 ing ‘‘means the supplemental’’; and

17 (B) by striking subparagraph (B).

18 (b) CONFORMING AMENDMENTS.—

19 (1) Section 402(b)(2)(F) of the Personal Re20 sponsibility and Work Opportunity Reconciliation

21 Act of 1996 (8 U.S.C. 1612(b)(2)(F)) (as added by

22 section 5305(b) of the Balanced Budget Act of 1997

23 (Public Law 105–33; 111 Stat. 601)) is amended by

24 striking ‘‘subsection (a)(3)(A)’’ and inserting ‘‘sub25 section (a)(3)’’.
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1 (2) Section 403(d) of the Personal Responsibil2 ity and Work Opportunity Reconciliation Act of

3 1996 (8 U.S.C. 1613(d)) (as added by section

4 5303(c) of the Balanced Budget Act of 1997 (Public

5 Law 105–33; 111 Stat. 600)) is amended by strik6 ing ‘‘subsections (a)(3)(A)’’ and inserting ‘‘sub7 sections (a)(3)’’.

8 SEC. 3. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED

9 ALIENS FOR FEDERAL MEANS-TESTED PUB10 LIC BENEFIT.

11 Section 403(c)(2) of the Personal Responsibility and

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

13 1613(c)(2)) is amended by adding at the end the follow14 ing:

15 ‘‘(L) Assistance or benefits under the Food

16 Stamp Act of 1977 (7 U.S.C. 2011 et seq).’’.

17 SEC. 4. AUTHORITY FOR STATES TO PROVIDE FOR ATTRI18 BUTION OF SPONSORS INCOME AND RE19 SOURCES TO THE ALIEN WITH RESPECT TO

20 STATE PROGRAMS.

21 Section 422(b) of the Personal Responsibility and

22 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

23 1632(b)) is amended by adding at the end the following:
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1 ‘‘(8) Programs comparable to assistance or ben2 efits under the Food Stamp Act of 1977 (7 U.S.C.

3 2011 et seq).’’.

4 SEC. 5. DERIVATIVE ELIGIBILITY FOR BENEFITS.

5 Section 436 of the Personal Responsibility and Work

6 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1646)

7 (as added by section 5305(a) of the Balanced Budget Act

8 of 1997 (Public Law 105–33; 111 Stat. 601)) is repealed.

9 SEC. 6. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

10 SUPPORT.

11 Section 213A of the Immigration and Nationality Act

12 (8 U.S.C. 1183a) is amended—

13 (1) in subsection (a)(1)(B), by striking ‘‘(as de14 fined in subsection (e) of this section)’’; and

15 (2) by inserting after subsection (f) the follow16 ing:

17 ‘‘(g) MEANS-TESTED PUBLIC BENEFIT DEFINED.—

18 In this section, the term ‘means-tested public benefit’ does

19 not include assistance or benefits provided under the Food

20 Stamp Act of 1977 (7 U.S.C. 2011 et seq).’’.

21 SEC. 7. STATUS OF CUBAN AND HAITIAN ENTRANTS.

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

23 U.S.C. 2015(f)) is amended in the first sentence by insert24 ing before the period at the end the following: ‘‘; or (G)

25 an alien who is a Cuban and Haitian entrant (as defined
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1 in section 501(e) of the Refugee Education Assistance Act

2 of 1980 (Public Law 96–422; 8 U.S.C. 1522 note))’’.

3 SEC. 8. EFFECTIVE DATE.

4 This Act and the amendments made by this Act shall

5 be effective as if included in the enactment of the Personal

6 Responsibility and Work Opportunity Reconciliation Act

7 of 1996 (Public Law 104–193; 110 Stat. 2105).

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