II 

110TH CONGRESS 

1ST SESSION S. 1529 

To amend the Food Stamp Act of 1977 to end benefit erosion, support 

working families with child care expenses, encourage retirement and 

education savings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. HARKIN (for himself and Mr. LUGAR) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Food Stamp Act of 1977 to end benefit 

erosion, support working families with child care expenses, encourage retirement and education savings, 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 Fairness 

5 and Benefit Restoration Act of 2007’’. 

6 SEC. 2. ENDING BENEFIT EROSION. 

7 Section 5(e)(1) of the Food Stamp Act of 1977 (7 

8 U.S.C. 2014(e)(1)) is amended— 

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1 (1) in subparagraph (A)(ii)— 

2 (A) by striking ‘‘Notwithstanding clause 

3 (i)’’ and inserting the following: 

4 ‘‘(I) IN GENERAL.—Notwith5 standing clause (i) and except as pro6 vided in subclause (II)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(II) INFLATION ADJUST9 MENT.—On October 1, 2008, and 

10 each October 1 thereafter, each of the 

11 amounts specified in subclause (I) 

12 shall be adjusted to the nearest lower 

13 dollar increment to reflect changes for 

14 the 12-month period ending on the 

15 preceding June 30 in the Consumer 

16 Price Index for All Urban Consumers 

17 published by the Bureau of Labor 

18 Statistics of the Department of Labor, 

19 for items other than food.’’; and 

20 (2) in subparagraph (B)(ii)— 

21 (A) by striking ‘‘Notwithstanding clause 

22 (i)’’ and inserting the following: 

23 ‘‘(I) IN GENERAL.—Notwith24 standing clause (i) and except as pro25 vided in subclause (II)’’; and 

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1 (B) by adding at the end the following: 

2 ‘‘(II) INFLATION ADJUST3 MENT.—On October 1, 2008, and 

4 each October 1 thereafter, the amount 

5 specified in subclause (I) shall be ad6 justed to the nearest lower dollar in7 crement to reflect changes for the 12- 

8 month period ending on the preceding 

9 June 30 in the Consumer Price Index 

10 for All Urban Consumers published by 

11 the Bureau of Labor Statistics of the 

12 Department of Labor, for items other 

13 than food.’’. 

14 SEC. 3. SUPPORTING WORKING FAMILIES WITH CHILD 

15 CARE EXPENSES. 

16 Section 5(e)(3)(A) of the Food Stamp Act of 1977 

17 (7 U.S.C. 2014(e)(3)(A)) is amended by striking ‘‘, the 

18 maximum allowable level of which shall be $200 per month 

19 for each dependent child under 2 years of age and $175 

20 per month for each other dependent,’’. 

21 SEC. 4. ENCOURAGING RETIREMENT AND EDUCATION SAV22 INGS AMONG FOOD STAMP RECIPIENTS. 

23 (a) ALLOWABLE FINANCIAL RESOURCES.—Section 

24 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) 

25 is amended— 

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1 (1) by striking ‘‘(g)(1) The Secretary’’ and in2 serting the following: 

3 ‘‘(g) ALLOWABLE FINANCIAL RESOURCES.— 

4 ‘‘(1) TOTAL AMOUNT.— 

5 ‘‘(A) IN GENERAL.—The Secretary’’; 

6 (2) in subparagraph (A) (as designated by 

7 paragraph (1)— 

8 (A) by inserting ‘‘(as adjusted in accord9 ance with subparagraph (B))’’ after ‘‘$2,000’’; 

10 and 

11 (B) by inserting ‘‘(as adjusted in accord12 ance with subparagraph (B))’’ after ‘‘$3,000’’; 

13 and 

14 (3) by adding at the end the following: 

15 ‘‘(B) ADJUSTMENT FOR INFLATION.— 

16 ‘‘(i) IN GENERAL.—Beginning on Oc17 tober 1, 2007, and each October 1 there18 after, the amounts in subparagraph (A) 

19 shall be adjusted to the nearest $100 in20 crement to reflect changes for the 12- 

21 month period ending the preceding June in 

22 the Consumer Price Index for All Urban 

23 Consumers published by the Bureau of 

24 Labor Statistics of the Department of 

25 Labor. 

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1 ‘‘(ii) REQUIREMENT.—Each adjust2 ment under clause (i) shall be based on the 

3 unrounded amount for the prior 12-month 

4 period.’’. 

5 (b) EXCLUSION OF RETIREMENT ACCOUNTS FROM

6 COUNTABLE FINANCIAL RESOURCES.— 

7 (1) IN GENERAL.—Section 5(g)(2)(B)(v) of the 

8 Food Stamp Act of 1977 (7 U.S.C. 

9 2014(g)(2)(B)(v)) is amended by striking ‘‘or retire10 ment account (including an individual account)’’ and 

11 inserting ‘‘account’’. 

12 (2) MANDATORY AND DISCRETIONARY EXCLU13 SIONS.—Section 5(g) of the Food Stamp Act of 

14 1977 (7 U.S.C. 2014(g)) is amended by adding at 

15 the end the following: 

16 ‘‘(7) EXCLUSION OF RETIREMENT ACCOUNTS

17 FROM COUNTABLE FINANCIAL RESOURCES.— 

18 ‘‘(A) MANDATORY EXCLUSIONS.—The Sec19 retary shall exclude from financial resources 

20 under this subsection the value of any funds in 

21 a plan, contract, or account, described in sec22 tions 401(a), 403(a), 403(b), 408, 408A, 

23 457(b), and 501(c)(18) of the Internal Revenue 

24 Code of 1986 and the value of funds in a Fedmstockstill on PROD1PC66 with BILLS

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1 eral Thrift Savings Plan account as provided in 

2 section 8439 of title 5, United States Code. 

3 ‘‘(B) DISCRETIONARY EXCLUSIONS.—The 

4 Secretary may exclude from financial resources 

5 under this subsection the value of any other re6 tirement plans, contracts, or accounts (as deter7 mined by the Secretary through regulation).’’. 

8 (c) EXCLUSION OF EDUCATION ACCOUNTS FROM

9 COUNTABLE FINANCIAL RESOURCES.—Section 5(g) of 

10 the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) (as 

11 amended by subsection (b)) is amended by adding at the 

12 end the following: 

13 ‘‘(8) EXCLUSION OF EDUCATION ACCOUNTS

14 FROM COUNTABLE FINANCIAL RESOURCES.— 

15 ‘‘(A) MANDATORY EXCLUSIONS.—The Sec16 retary shall exclude from financial resources 

17 under this subsection the value of any funds in 

18 a qualified tuition program described in section 

19 529 of the Internal Revenue Code of 1986 or 

20 in a Coverdell education savings account under 

21 section 530 of that Code. 

22 ‘‘(B) DISCRETIONARY EXCLUSIONS.—The 

23 Secretary may exclude from financial resources 

24 under this subsection the value of any other 

25 education programs, contracts, or accounts (as 

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1 determined by the Secretary through regula2 tion).’’. 

3 SEC. 5. FAIRNESS FOR LEGAL IMMIGRANTS. 

4 (a) IN GENERAL.—Section 6 of the Food Stamp Act 

5 of 1977 (7 U.S.C. 2015) is amended by striking sub6 section (f) and inserting the following: 

7 ‘‘(f) ALIENS.— 

8 ‘‘(1) ELIGIBILITY.——Notwithstanding sections 

9 401(a), 402(a), and 403(a) of the Personal Respon10 sibility and Work Opportunity Reconciliation Act of 

11 1996 (8 U.S.C. 1611(a), 1612(a), 1613(a)), an alien 

12 who is lawfully residing in the United States may 

13 not be ineligible for the food stamp program on the 

14 basis of— 

15 ‘‘(A) the immigration status of the alien; 

16 or 

17 ‘‘(B) the date the alien entered the United 

18 States. 

19 ‘‘(2) CONSIDERATION OF INCOME.—The income 

20 (less, at State option, a pro rata share) and financial 

21 resources of the individual rendered ineligible to par22 ticipate in the food stamp program under this sub23 section shall be considered in determining the eligi24 bility and the value of the allotment of the household 

25 of which the individual is a member.’’. 

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1 (b) CLARIFYING ELIGIBILITY.—Section 421(d)(3) of 

2 the Personal Responsibility and Work Opportunity Rec3 onciliation Act of 1996 (8 U.S.C. 1631(d)(3)) is amended 

4 by striking ‘‘to the extent that a qualified alien is eligible 

5 under section 1612(a)(2)(J) of this title’’ and inserting 

6 ‘‘to the extent that a child is a member of a household 

7 receiving food stamps under that Act’’. 

8 (c) ENSURING PROPER SCREENING.—Section 

9 11(e)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 

10 2020(e)(2)(B)) is amended— 

11 (1) by redesignating clauses (vi) and (vii) as 

12 clauses (vii) and (viii), respectively; and 

13 (2) by inserting after clause (v) the following: 

14 ‘‘(vi) shall provide a method for imple15 menting section 421 of the Personal Re16 sponsibility and Work Opportunity Rec17 onciliation Act of 1996 (8 U.S.C. 1631) 

18 that does not require any unnecessary in19 formation from individuals who may be ex20 empt from that section;’’. 

21 (d) SIMPLIFIED ADMINISTRATIVE REPORTING RE22 QUIREMENT.—Section 11(a) of the Food Stamp Act of 

23 1977 (7 U.S.C. 2020(a)) is amended by adding at the end 

24 the following: ‘‘Notwithstanding subsection (e)(2) of sec25 tion 421 of the Personal Responsibility and Work Oppormstockstill on PROD1PC66 with BILLS

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1 tunity Reconciliation Act of 1996 (8 U.S.C. 1631(e)(2)), 

2 the administrative reporting requirement under that sub3 section shall be satisfied by the submission of an aggregate 

4 report on the numbers of exceptions granted under that 

5 subsection each year.’’. 

6 SEC. 6. FOOD STAMP ELIGIBILITY FOR UNEMPLOYED 

7 ADULTS. 

8 Section 6(o)(2) of the Food Stamp Act of 1977 (7 

9 U.S.C. 2015(o)(2)) is amended in the matter preceding 

10 subparagraph (A)— 

11 (1) by striking ‘‘36-month’’ and replacing it 

12 with ‘‘24-month’’; and 

13 (2) by striking ‘‘3’’ and replacing it with ‘‘6’’. 

14 SEC. 7. AVAILABILITY OF COMMODITIES FOR THE EMER15 GENCY FOOD ASSISTANCE PROGRAM. 

16 Section 27(a) of the Food Stamp Act of 1977 (7 

17 U.S.C. 2036(a)) is amended— 

18 (1) by striking ‘‘(a) PURCHASE OF COMMOD19 ITIES’’ and all that follows through ‘‘through 2007’’ 

20 and inserting the following: 

21 ‘‘(a) PURCHASE OF COMMODITIES.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 for each of fiscal years 2008 through 2012;’’; 

24 (2) by striking ‘‘$140,000,000 of’’; and 

25 (3) by inserting at the end the following: 

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1 ‘‘(2) AMOUNTS.—The Secretary shall use to 

2 carry out this subsection for fiscal year 2008, 

3 $180,000,000.’’. 

Æ 

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