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6 for the immediately preceding fiscal year, within 6
months after the end of the immediately preceding fiscal
year.
‘‘SEC. 8. ASSISTANCE TO CHILDREN ENROLLED IN PRIVATE
NONPROFIT SCHOOLS AND DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENTS’ SCHOOLS
IN CASE OF RESTRICTIONS ON STATE OR
FAILURE BY STATE TO PROVIDE ASSISTANCE.
‘‘(a) IN GENERAL.—If, by reason of any other provi-
sion of law, a State is prohibited from providing assistance
from amounts received from a grant under this Act to pri-
vate nonprofit schools or Department of Defense domestic
dependents’ schools for a fiscal year to establish and carry
out nutritious food service programs in such schools in ac-
cordance with section 5(a), or the Secretary determines
that a State has substantially failed or is unwilling to pro-
vide such assistance to such private nonprofit schools or
domestic dependents’ schools for such fiscal year, the Sec-
retary shall, after consultation with appropriate represent-
atives of the State and private nonprofit schools or domes-
tic dependents’ schools, as the case may be, arrange for
the provision of such assistance to private nonprofit
schools or domestic dependents’ schools in the State for
such fiscal year in accordance with the requirements this
Act.
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‘‘(b) REDUCTION IN AMOUNT OF STATE GRANT.—
If the Secretary arranges for the provision of assistance
to private nonprofit schools or Department of Defense do-
mestic dependents’ schools in a State for a fiscal year
under subsection (a), the amount of the grant for such
State for such fiscal year shall be reduced by the amount
of such assistance provided to such private nonprofit
schools or domestic dependents’ schools, as the case may
be.
‘‘SEC. 9. FOOD SERVICE PROGRAMS FOR DEPARTMENT OF
DEFENSE OVERSEAS DEPENDENTS’ SCHOOLS.
‘‘(a) IN GENERAL.—The Secretary shall make avail-
able to the Secretary of Defense for each fiscal year funds
and commodities in an amount determined in accordance
with subsection (c) for the purpose of establishing and car-
rying out nutritious food service programs that provide af-
fordable meals and supplements to students attending De-
partment of Defense overseas dependents’ schools.
‘‘(b) REQUIREMENTS.—In carrying out nutritious
food service programs under subsection (a), the Secretary
of Defense—
‘‘(1) shall ensure that not less than 80 percent
of the amount of assistance provided to each school
for a fiscal year is used to provide free or low cost
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meals or supplements to economically disadvantaged
children; and
‘‘(2) shall ensure that, with respect to the pro-
vision of meals to students, each such school will—
‘‘(A) implement minimum nutritional re-
quirements for meals provided under this sec-
tion based on the most recent tested nutritional
research available, except that—
‘‘(i) such requirements shall not be
construed to prohibit the substitution of
foods to accommodate the medical or other
special dietary needs of individual stu-
dents; and
‘‘(ii) such requirements shall, at a
minimum, be based on—
‘‘(I) the weekly average of the
nutrient content of school lunches; or
‘‘(II) such other standards as the
Secretary of Agriculture may pre-
scribe; or
‘‘(B) implement the model nutrition stand-
ards developed under section 10 for such meals.
‘‘(c) AMOUNT AND SOURCE OF FUNDS AND COMMOD-
ITIES.—
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‘‘(1) AMOUNT.—The Secretary, in consultation
with the Secretary of Defense, shall determine the
amount of funds and commodities necessary for each
fiscal year to establish and carry out nutritious food
service programs described in subsection (a).
‘‘(2) SOURCE.—Such amount of funds and com-
modities shall consist of the reservation of the
school-based nutrition amount in accordance with
section 2(a)(3)(B).
‘‘SEC. 10. MODEL NUTRITION STANDARDS FOR MEALS FOR
STUDENTS.
‘‘(a) MODEL NUTRITION STANDARDS.—Not later
than April 1, 1996, the Food and Nutrition Board of the
Institute of Medicine of the National Academy of Sciences,
in cooperation with nutritionists and directors of programs
providing meals to students under this Act, shall develop
model nutrition standards for meals provided to such stu-
dents under this Act.
‘‘(b) REPORT TO CONGRESS.—Not later than 1 year
after the date on which the model nutrition standards are
developed under subsection (a), the Food and Nutrition
Board of the Institute of Medicine of the National Acad-
emy of Sciences shall prepare and submit to the Congress
a report regarding the efforts of States to implement such
model nutrition standards.
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‘‘SEC. 11. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) DEPARTMENT OF DEFENSE DOMESTIC DE-
PENDENTS’ SCHOOL.—The term ‘Department of De-
fense domestic dependents’ school’ means an elemen-
tary or secondary school established pursuant to sec-
tion 2164 of title 10, United States Code.
‘‘(2) DEPARTMENT OF DEFENSE OVERSEAS DE-
PENDENTS’ SCHOOL.—The term ‘Department of De-
fense overseas dependents’ school’ means a Depart-
ment of Defense dependents’ school which is located
outside the United States and the territories or pos-
sessions of the United States.
‘‘(3) ECONOMICALLY
DISADVANTAGED.—The
term ‘economically disadvantaged’ means an individ-
ual or a family, as the case may be, whose annual
income does not exceed 185 percent of the applicable
family size income levels contained in the most re-
cent income poverty guidelines prescribed by the Of-
fice of Management and Budget and based on data
from the Bureau of the Census.
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private nonprofit elementary, intermediate, or
secondary school.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
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‘‘(6) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, or a tribal organization
(as defined in section 4(l) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450b(l))).’’.
CHAPTER 3—MISCELLANEOUS
PROVISIONS
SEC. 361. REPEALERS.
The following Acts are repealed:
(1) The Commodity Distribution Reform Act
and WIC Amendments of 1987 (Public Law 100–
237; 101 Stat. 1733).
(2) The Child Nutrition and WIC Reauthoriza-
tion Act of 1989 (Public Law 101–147; 103 Stat.
877).
Subtitle C—Other Repealers and
Conforming Amendments
SEC. 371. AMENDMENTS TO LAWS RELATING TO CHILD
PROTECTION BLOCK GRANT.
(a) ABANDONED INFANTS ASSISTANCE.—
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(1) REPEALER.—The Abandoned Infants As-
sistance Act of 1988 (42 U.S.C. 670 note) is re-
pealed.
(2) 
CONFORMING
AMENDMENT.—Section
421(7) of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5061(7)) is amended to read as fol-
lows:
‘‘(7) the term ‘boarder baby’ means an infant
who is medically cleared for discharge from an
acute-care hospital setting, but remains hospitalized
because of a lack of appropriate out-of-hospital
placement alternatives;’’.
(b) CHILD ABUSE PREVENTION AND TREATMENT.—
(1) REPEALER.—The Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 et seq.) is re-
pealed.
(2) CONFORMING AMENDMENTS.—The Victims
of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended—
(A) in section 1402—
(i) in subsection (d)—
(I) by striking paragraph (2);
(II) by redesignating paragraphs
(3) and (4) as paragraphs (2) and
(3), respectively; and
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(III) in paragraph (2) (as redes-
ignated by subclause (II))—
(aa) in subparagraph (A),
by striking the semicolon at the
end and inserting ‘‘; and’’;
(bb) by striking subpara-
graph (B); and
(cc) by redesignating sub-
paragraph (C) as subparagraph
(B); and
(ii) by striking subsection (g); and
(B) by striking section 1404A.
(c) ADOPTION OPPORTUNITIES.—The Child Abuse
Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5111 et seq.) is repealed.
(d) CRISIS NURSERIES.—The Temporary Child Care
for Children with Disabilities and Crisis Nurseries Act of
1986 (42 U.S.C. 5117 et seq.) is amended—
(1) in the title heading by striking ‘‘AND CRI-
SIS NURSERIES’’;
(2) in section 201 by striking ‘‘and Crisis Nurs-
eries’’;
(3) in section 202—
(A) by striking ‘‘provide: (A) temporary’’
and inserting ‘‘to provide temporary’’; and
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(B) by striking ‘‘children, and (B)’’ and all
that follows through the period and inserting
‘‘children.’’;
(4) by striking section 204; and
(5) in section 205—
(A) in subsection (a)—
(i) in paragraph (1)(A) by striking
‘‘or 204’’; and
(ii) in paragraph (2)—
(I) by striking subparagraph (D);
and
(II) by redesignating subpara-
graph (E) as subparagraph (D);
(B) by striking subsection (b)(3); and
(C) in subsection (d)—
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4)
and (5) as paragraph (3) and (4), respec-
tively.
(e) MISSING CHILDREN’S ASSISTANCE ACT.—The
Missing Children’s Assistance Act (42 U.S.C. 5771-5779)
is repealed.
(f) FAMILY SUPPORT CENTERS.—Subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11481–11489) is repealed.
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(g) INVESTIGATION AND PROSECUTION OF CHILD
ABUSE CASES.—Subtitle A of title II of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13001–13004) is re-
pealed.
(h) REPEAL OF FAMILY UNIFICATION PROGRAM.—
Subsection (x) of section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f(x)) is repealed.
Subtitle D—Related Provisions
SEC. 381. REQUIREMENT THAT DATA RELATING TO THE IN-
CIDENCE 
OF 
POVERTY 
IN 
THE 
UNITED
STATES BE PUBLISHED AT LEAST EVERY 2
YEARS.
(a) IN GENERAL.—The Secretary shall, to the extent
feasible, produce and publish for each State, county, and
local unit of general purpose government for which data
have been compiled in the then most recent census of pop-
ulation under section 141(a) of title 13, United States
Code, and for each school district, data relating to the in-
cidence of poverty. Such data may be produced by means
of sampling, estimation, or any other method that the Sec-
retary determines will produce current, comprehensive,
and reliable data.
(b) CONTENT; FREQUENCY.—Data under this sec-
tion—
(1) shall include—
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(A) for each school district, the number of
children age 5 to 17, inclusive, in families below
the poverty level; and
(B) for each State and county referred to
in subsection (a), the number of individuals age
65 or older below the poverty level; and
(2) shall be published—
(A) for each State, county, and local unit
of general purpose government referred to in
subsection (a), in 1996 and at least every sec-
ond year thereafter; and
(B) for each school district, in 1998 and at
least every second year thereafter.
(c) AUTHORITY TO AGGREGATE.—
(1) IN GENERAL.—If reliable data could not
otherwise be produced, the Secretary may, for pur-
poses of subsection (b)(1)(A), aggregate school dis-
tricts, but only to the extent necessary to achieve re-
liability.
(2) INFORMATION RELATING TO USE OF AU-
THORITY.—Any data produced under this subsection
shall be appropriately identified and shall be accom-
panied by a detailed explanation as to how and why
aggregation was used (including the measures taken
to minimize any such aggregation).
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(d) REPORT TO BE SUBMITTED WHENEVER DATA
IS NOT TIMELY PUBLISHED.—If the Secretary is unable
to produce and publish the data required under this sec-
tion for any State, county, local unit of general purpose
government, or school district in any year specified in sub-
section (b)(2), a report shall be submitted by the Secretary
to the President of the Senate and the Speaker of the
House of Representatives, not later than 90 days before
the start of the following year, enumerating each govern-
ment or school district excluded and giving the reasons
for the exclusion.
(e) CRITERIA RELATING TO POVERTY.—In carrying
out this section, the Secretary shall use the same criteria
relating to poverty as were used in the then most recent
census of population under section 141(a) of title 13,
United States Code (subject to such periodic adjustments
as may be necessary to compensate for inflation and other
similar factors).
(f) CONSULTATION.—The Secretary shall consult
with the Secretary of Education in carrying out the re-
quirements of this section relating to school districts.
(g) DEFINITION.—For the purpose of this section,
the term ‘‘Secretary’’ means the Secretary of Health and
Human Services.
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(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$1,500,000 for each of fiscal years 1996 through 2000.
SEC. 382. DATA ON PROGRAM PARTICIPATION AND OUT-
COMES.
(a) IN GENERAL.—The Secretary shall produce data
relating to participation in programs authorized by this
Act by families and children. Such data may be produced
by means of sampling, estimation, or any other method
that the Secretary determines will produce comprehensive
and reliable data.
(b) CONTENT.—Data under this section shall include,
but not be limited to—
(1) changes in participation in welfare, health,
education, and employment and training programs,
for families and children, the duration of such par-
ticipation, and the causes and consequences of any
changes in program participation;
(2) changes in employment status, income and
poverty status, family structure and process, and
children’s well-being, over time, for families and chil-
dren participating in Federal programs and, if ap-
propriate, other low-income families and children,
and the causes and consequences of such changes;
and
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(3) demographic data, including household com-
position, marital status, relationship of householders,
racial and ethnic designation, age, and educational
attainment.
(c) FREQUENCY.—Data under this section shall re-
flect the period 1993 through 2002, and shall be published
as often as practicable during that time, but in any event
no later than December 31, 2003.
(d) DEFINITION.—For the purpose of this section,
the term ‘‘Secretary’’ means the Secretary of Health and
Human Services.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$2,500,000 in fiscal year 1996, $10,000,000 for each of
fiscal years 1997 through 2002, and $2,000,000 for fiscal
year 2003.
Subtitle E—General Effective Date;
Preservation of Actions, Obliga-
tions, and Rights
SEC. 391. EFFECTIVE DATE.
Except as otherwise provided in this title, this title
and the amendments made by this title shall take effect
on October 1, 1995.
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SEC. 392. APPLICATION OF AMENDMENTS AND REPEALERS.
An amendment or repeal made by this title shall not
apply with respect to—
(1) powers, duties, functions, rights, claims,
penalties, or obligations applicable to financial as-
sistance provided before the effective date of amend-
ment or repeal, as the case may be, under the Act
so amended or so repealed; and
(2) administrative actions and proceedings com-
menced before such date, or authorized before such
date to be commenced, under such Act.
TITLE 
IV—RESTRICTING 
WEL-
FARE AND PUBLIC BENEFITS
FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
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but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments
at increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
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Subtitle A—Eligibility for Federal
Benefits Programs
SEC. 401. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN
PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is not lawfully present in the United
States shall not be eligible for any Federal means-tested
public benefits program (as defined in section 431(d)(2)).
(b) EXCEPTION
FOR EMERGENCY ASSISTANCE.—
Subsection (a) shall not apply to the provision of non-cash,
in-kind emergency assistance (including emergency medi-
cal services).
(c) TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
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SEC. 402. INELIGIBILITY OF NONIMMIGRANTS FOR CER-
TAIN PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is lawfully present in the United States
as a nonimmigrant shall not be eligible for any Federal
means-tested public benefits program.
(b) EXCEPTIONS.—
(1) EMERGENCY ASSISTANCE.—Subsection (a)
shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical
services).
(2) ALIENS GRANTED ASYLUM.—Subsection (a)
shall not apply to an alien who is granted asylum
under section 208 of the Immigration and National-
ity Act or whose deportation has been withheld
under section 243(h) of such Act.
(3) TREATMENT
OF
TEMPORARY
AGRICUL-
TURAL WORKERS.—Subsection (a) shall not apply to
a nonimmigrant admitted as a temporary agricul-
tural worker under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act or as the
spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
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housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
(d) TREATMENT
OF ALIENS PAROLED
INTO
THE
UNITED STATES.—An alien who is paroled into the
United States under section 212(d)(5) of the Immigration
and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this subtitle, to be lawfully
present in the United States as a nonimmigrant.
SEC. 403. LIMITED ELIGIBILITY OF IMMIGRANTS FOR 5
SPECIFIED FEDERAL PUBLIC BENEFITS PRO-
GRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), any
alien who is lawfully present in the United States shall
not be eligible for any of the following Federal means-test-
ed public benefits programs:
(1) SSI.—The supplemental security income
program under title XVI of the Social Security Act.
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(2) TEMPORARY ASSISTANCE FOR NEEDY FAMI-
LIES.—The program of block grants to States for
temporary assistance for needy families under part
A of title IV of the Social Security Act.
(3) SOCIAL SERVICES BLOCK GRANT.—The pro-
gram of block grants to States for social services
under title XX of the Social Security Act.
(4) MEDICAID.—The program of medical assist-
ance under title XIX of the Social Security Act.
(5) FOOD
STAMPS.—The program under the
Food Stamp Act of 1977.
(b) EXCEPTIONS.—
(1) TIME-LIMITED
EXCEPTION
FOR
REFU-
GEES.—Subsection (a) shall not apply to an alien
admitted to the United States as a refugee under
section 207 of the Immigration and Nationality Act
until 5 years after the date of such alien’s arrival
into the United States.
(2) CERTAIN
LONG-TERM, PERMANENT
RESI-
DENT, AGED
ALIENS.—Subsection (a) shall not
apply to an alien who—
(A) has been lawfully admitted to the
United States for permanent residence;
(B) is over 75 years of age; and
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(C) has resided in the United States for at
least 5 years.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
Subsection (a) shall not apply to an alien who is
lawfully residing in any State (or any territory or
possession of the United States) and is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
Subparagraph (A) shall not apply in the case of a
veteran who has been separated from military serv-
ice on account of alienage.
(4) EMERGENCY ASSISTANCE.—Subsection (a)
shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical
services).
(5) 
TRANSITION
FOR
CURRENT
BENE-
FICIARIES.—Subsection (a) shall not apply to the eli-
gibility of an alien for a program until 1 year after
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the date of the enactment of this Act if, on such
date of enactment, the alien is lawfully residing in
any State or any territory or possession of the
United States and is eligible for the program.
(6) CERTAIN PERMANENT RESIDENT AND DIS-
ABLED ALIENS.—Subsection (a) shall not apply to
an alien who—
(A) has been lawfully admitted to the
United States for permanent residence; and
(B) is unable because of physical or devel-
opmental disability or mental impairment (in-
cluding Alzheimer’s disease) to comply with the
naturalization requirements of section 312(a) of
the Immigration and Naturalization Act.
SEC. 404. NOTIFICATION.
Each Federal agency that administers a program to
which section 401, 402, or 403 applies shall, directly or
through the States, post information and provide general
notification to the public and to program recipients of the
changes regarding eligibility for any such program pursu-
ant to this subtitle.
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Subtitle 
B—Eligibility 
for 
State
and Local Public Benefits Pro-
grams
SEC. 411. INELIGIBILITY OF ILLEGAL ALIENS FOR STATE
AND LOCAL PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as otherwise provided in this sec-
tion, no alien who is not lawfully present in the United
States (as determined in accordance with regulations of
the Attorney General) shall be eligible for any State
means-tested public benefits program (as defined in sec-
tion 431(d)(3)).
(b) EXCEPTION
FOR EMERGENCY ASSISTANCE.—
Subsection (a) shall not apply to the provision of non-cash,
in-kind emergency assistance (including emergency medi-
cal services).
SEC. 412. INELIGIBILITY OF NONIMMIGRANTS FOR STATE
AND LOCAL PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as otherwise provided in this sec-
tion, no alien who is lawfully present in the United States
as a nonimmigrant shall be eligible for any State means-
tested public benefits program (as defined in section
431(d)(3)).
(b) EXCEPTIONS.—
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(1) EMERGENCY ASSISTANCE.—The limitations
under subsection (a) shall not apply to the provision
of non-cash, in-kind emergency assistance (including
emergency medical services).
(2) ALIENS GRANTED ASYLUM.—Subsection (a)
shall not apply to an alien who is granted asylum
under section 208 of the Immigration and National-
ity Act or whose deportation has been withheld
under section 243(h) of such Act.
(3) TREATMENT
OF
TEMPORARY
AGRICUL-
TURAL WORKERS.—Subsection (a) shall not apply to
a nonimmigrant admitted as a temporary agricul-
tural worker under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act or as the
spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) TREATMENT
OF ALIENS PAROLED
INTO
THE
UNITED STATES.—An alien who is paroled into the
United States under section 212(d)(5) of the Immigration
and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this subtitle, to be lawfully
present in the United States as a nonimmigrant.
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SEC. 413. STATE AUTHORITY TO LIMIT ELIGIBILITY OF IM-
MIGRANTS FOR STATE AND LOCAL MEANS-
TESTED PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as otherwise provided in this section
or section 412, a State is authorized to determine eligi-
bility requirements for aliens who are lawfully present in
the United States for any State means-tested public bene-
fits program.
(b) EXCEPTIONS.—
(1) TIME-LIMITED
EXCEPTION
FOR
REFU-
GEES.—The authority under subsection (a) shall not
apply to an alien admitted to the United States as
a refugee under section 207 of the Immigration and
Nationality Act until 5 years after the date of such
alien’s arrival into the United States.
(2) CERTAIN
LONG-TERM, PERMANENT
RESI-
DENT, AGED
ALIENS.—The authority under sub-
section (a) shall not apply to an alien who—
(A) has been lawfully admitted to the
United States for permanent residence;
(B) is over 75 years of age; and
(C) has resided in the United States for at
least 5 years.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
The authority under subsection (a) shall not apply
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to an alien who is lawfully residing in any State (or
any territory or possession of the United States) and
is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
Subparagraph (A) shall not apply in the case of a
veteran who has been separated from military serv-
ice on account of alienage.
(4) EMERGENCY
ASSISTANCE.—The authority
under subsection (a) shall not apply to the provision
of non-cash, in-kind emergency assistance (including
emergency medical services).
(5) TRANSITION.—The authority under sub-
section (a) shall not apply to eligibility of an alien
for a State means-tested public benefits program
until 1 year after the date of the enactment of this
Act if, on such date of enactment, the alien is law-
fully present in the United States and is eligible for
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benefits under the program. Nothing in the previous
sentence is intended to address alien eligibility for
such a program before the date of the enactment of
this Act.
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 421. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES 
TO 
FAMILY-SPONSORED 
IMMI-
GRANTS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (c), in
determining the eligibility and the amount of benefits of
an alien for any means-tested public benefits program (as
defined in section 431(d)) the income and resources of the
alien shall be deemed to include—
(1) the income and resources of any person who
executed an affidavit of support pursuant to section
213A of the Immigration and Nationality Act (as
added by section 422) in behalf of such alien, and
(2) the income and resources of the spouse (if
any) of the person.
(b) APPLICATION.—Subsection (a) shall apply with
respect to an alien until such time as the alien achieves
United States citizenship through naturalization pursuant
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to chapter 2 of title III of the Immigration and National-
ity Act.
(c) EXCEPTION
FOR HOUSING-RELATED ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act.
SEC. 422. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and
Nationality Act is amended by inserting after section 213
the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—No affidavit of
support may be accepted by the Attorney General or by
any consular officer to establish that an alien is not ex-
cludable as a public charge under section 212(a)(4) unless
such affidavit is executed as a contract—
‘‘(1) which is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
which provides any means-tested public benefits pro-
gram, but not later than 10 years after the alien last
receives any such benefit; and
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‘‘(2) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (e)(2).
Such contract shall be enforceable with respect to benefits
provided to the alien until such time as the alien achieves
United States citizenship through naturalization pursuant
to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to grant third party beneficiary
rights to any sponsored alien under an affidavit of
support.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor shall notify the Federal Government and the
State in which the sponsored alien is currently resident
within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
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‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
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‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an
individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over; and
‘‘(C) is domiciled in any State.
‘‘(2) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section.
Subtitle D—General Provisions
SEC. 431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in
this section, the terms used in this title have the same
meaning given such terms in section 101(a) of the Immi-
gration and Nationality Act.
(b) LAWFUL PRESENCE.—For purposes of this title,
the determination of whether an alien is lawfully present
in the United States shall be made in accordance with reg-
ulations of the Attorney General. An alien shall not be
considered to be lawfully present in the United States for
purposes of this title merely because the alien may be con-
sidered to be permanently residing in the United States
under color of law for purposes of any particular program.
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(c) STATE.—As used in this title, the term ‘‘State’’
includes the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and Amer-
ican Samoa.
(d) PUBLIC BENEFITS PROGRAMS.—As used in this
title—
(1) 
MEANS-TESTED
PROGRAM.—The 
term
‘‘means-tested public benefits program’’ means a
program of public benefits (including cash, medical,
housing, and food assistance and social services) of
the Federal Government or of a State or political
subdivision of a State in which the eligibility of an
individual, household, or family eligibility unit for
benefits under the program, or the amount of such
benefits, or both are determined on the basis of in-
come, resources, or financial need of the individual,
household, or unit.
(2) FEDERAL
MEANS-TESTED
PUBLIC
BENE-
FITS PROGRAM.—The term ‘‘Federal means-tested
public benefits program’’ means a means-tested pub-
lic benefits program of (or contributed to by) the
Federal Government and under which the Federal
Government has specified standards for eligibility
and includes the programs specified in section
403(a).
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(3) STATE
MEANS-TESTED
PUBLIC
BENEFITS
PROGRAM.—The term ‘‘State means-tested public
benefits program’’ means a means-tested public ben-
efits program of a State or political subdivision of a
State under which the State or political subdivision
specifies the standards for eligibility, and does not
include any Federal means-tested public benefits
program.
SEC. 432. CONSTRUCTION.
Nothing in this title shall be construed as addressing
alien eligibility for governmental programs that are not
means-tested public benefits programs.
Subtitle E—Conforming
Amendments
SEC. 441. CONFORMING AMENDMENTS RELATING TO AS-
SISTED HOUSING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of
the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended—
(1) by striking ‘‘Secretary of Housing and
Urban Development’’ each place it appears and in-
serting ‘‘applicable Secretary’’;
(2) in subsection (b), by inserting after ‘‘Na-
tional Housing Act,’’ the following: ‘‘the direct loan
program under section 502 of the Housing Act of
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1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or
542 of such Act, subtitle A of title III of the Cran-
ston-Gonzalez National Affordable Housing Act,’’;
(3) in paragraphs (2) through (6) of subsection
(d), by striking ‘‘Secretary’’ each place it appears
and inserting ‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following
paragraph (6), by striking ‘‘the term ‘Secretary’’’
and inserting ‘‘the term ‘applicable Secretary’’’; and
(5) by adding at the end the following new sub-
section:
‘‘(h) For purposes of this section, the term ‘applicable
Secretary’ means—
‘‘(1) the Secretary of Housing and Urban De-
velopment, with respect to financial assistance ad-
ministered by such Secretary and financial assist-
ance under subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect
to financial assistance administered by such Sec-
retary.’’.
(b) CONFORMING AMENDMENTS.—Section 501(h) of
the Housing Act of 1949 (42 U.S.C. 1471(h)) is
amended—
(1) by striking ‘‘(1)’’;
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(2) by striking ‘‘by the Secretary of Housing
and Urban Development’’; and
(3) by striking paragraph (2).
TITLE V—FOOD STAMP REFORM
AND COMMODITY DISTRIBUTION
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Food Stamp Reform
and Commodity Distribution Act’’.
Subtitle A—Commodity
Distribution Provisions
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ‘‘Commodity Dis-
tribution Act of 1995’’.
SEC. 512. AVAILABILITY OF COMMODITIES.
(a) Notwithstanding any other provision of law, the
Secretary of Agriculture (hereinafter in this subtitle re-
ferred to as the ‘‘Secretary’’) is authorized during fiscal
years 1996 through 2000 to purchase a variety of nutri-
tious and useful commodities and distribute such commod-
ities to the States for distribution in accordance with this
subtitle.
(b) In addition to the commodities described in sub-
section (a), the Secretary may expend funds made avail-
able to carry out section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), which are not expended or needed to
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carry out such sections, to purchase, process, and distrib-
ute commodities of the types customarily purchased under
such section to the States for distribution in accordance
with this subtitle.
(c) In addition to the commodities described in sub-
sections (a) and (b), agricultural commodities and the
products thereof made available under clause (2) of the
second sentence of section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), may be made available by the Sec-
retary to the States for distribution in accordance with
this subtitle.
(d) In addition to the commodities described in sub-
sections (a), (b), and (c), commodities acquired by the
Commodity Credit Corporation that the Secretary deter-
mines, in the discretion of the Secretary, are in excess of
quantities need to—
(1) carry out other domestic donation pro-
grams;
(2) meet other domestic obligations;
(3) meet international market development and
food aid commitments; and
(4) carry out the farm price and income sta-
bilization purposes of the Agricultural Adjustment
Act of 1938, the Agricultural Act of 1949, and the
Commodity Credit Corporation Charter Act;
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shall be made available by the Secretary, without charge
or credit for such commodities, to the States for distribu-
tion in accordance with this subtitle.
(e) During each fiscal year, the types, varieties, and
amounts of commodities to be purchased under this sub-
title shall be determined by the Secretary. In purchasing
such commodities, except those commodities purchased
pursuant to section 520, the Secretary shall, to the extent
practicable and appropriate, make purchases based on—
(1) agricultural market conditions;
(2) the preferences and needs of States and dis-
tributing agencies; and
(3) the preferences of the recipients.
SEC. 513. STATE, LOCAL AND PRIVATE SUPPLEMENTATION
OF COMMODITIES.
(a) The Secretary shall establish procedures under
which State and local agencies, recipient agencies, or any
other entity or person may supplement the commodities
distributed under this subtitle for use by recipient agencies
with nutritious and wholesome commodities that such en-
tities or persons donate for distribution, in all or part of
the State, in addition to the commodities otherwise made
available under this subtitle.
(b) States and eligible recipient agencies may use—
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(1) the funds appropriated for administrative
cost under section 519(b);
(2) equipment, structures, vehicles, and all
other facilities involved in the storage, handling, or
distribution of commodities made available under
this subtitle; and
(3) the personnel, both paid or volunteer, in-
volved in such storage, handling, or distribution;
to store, handle or distribute commodities donated for use
under subsection (a).
(c) States and recipient agencies shall continue, to
the maximum extent practical, to use volunteer workers,
and commodities and other foodstuffs donated by chari-
table and other organizations, in the distribution of com-
modities under this subtitle.
SEC. 514. STATE PLAN.
(a) A State seeking to receive commodities under this
subtitle shall submit a plan of operation and administra-
tion every four years to the Secretary for approval. The
plan may be amended at any time, with the approval of
the Secretary.
(b) The State plan, at a minimum, shall—
(1) designate the State agency responsible for
distributing the commodities received under this sub-
title;
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(2) set forth a plan of operation and adminis-
tration to expeditiously distribute commodities under
this subtitle in quantities requested to eligible recipi-
ent agencies in accordance with sections 516 and
520;
(3) set forth the standards of eligibility for re-
cipient agencies; and
(4) set forth the standards of eligibility for indi-
vidual or household recipients of commodities, which
at minimum shall require—
(A) individuals or households to be com-
prised of needy persons; and
(B) individual or household members to be
residing in the geographic location served by
the distributing agency at the time of applica-
tion for assistance.
(c) The Secretary shall encourage each State receiv-
ing commodities under this subtitle to establish a State
advisory board consisting of representatives of all inter-
ested entities, both public and private, in the distribution
of commodities received under this subtitle in the State.
(d) A State agency receiving commodities under this
subtitle may—
(1)(A) enter into cooperative agreements with
State agencies of other States to jointly provide
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commodities received under this subtitle to eligible
recipient agencies that serve needy persons in a sin-
gle geographical area which includes such States; or
(B) transfer commodities received under this
subtitle to any such eligible recipient agency in the
other State under such agreement; and
(2) advise the Secretary of an agreement en-
tered into under this subsection and the transfer of
commodities made pursuant to such agreement.
SEC. 515. ALLOCATION OF COMMODITIES TO STATES.
(a) In each fiscal year, except for those commodities
purchased under section 520, the Secretary shall allocate
the commodities distributed under this subtitle as follows:
(1) 60 percent of the such total value of com-
modities shall be allocated in a manner such that the
value of commodities allocated to each State bears
the same ratio to 60 percent of such total value as
the number of persons in households within the
State having incomes below the poverty line bears to
the total number of persons in households within all
States having incomes below such poverty line. Each
State shall receive the value of commodities allocated
under this paragraph.
(2) 40 percent of such total value of commod-
ities shall be allocated in a manner such that the
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value of commodities allocated to each State bears
the same ratio to 40 percent of such total value as
the average monthly number of unemployed persons
within the State bears to the average monthly num-
ber of unemployed persons within all States during
the same fiscal year. Each State shall receive the
value of commodities allocated to the State under
this paragraph.
(b)(1) The Secretary shall notify each State of the
amount of commodities that such State is allotted to re-
ceive under subsection (a) or this subsection, if applicable.
Each State shall promptly notify the Secretary if such
State determines that it will not accept any or all of the
commodities made available under such allocation. On
such a notification by a State, the Secretary shall reallo-
cate and distribute such commodities as the Secretary
deems appropriate and equitable. The Secretary shall fur-
ther establish procedures to permit States to decline to
receive portions of such allocation during each fiscal year
as the State determines is appropriate and the Secretary
shall reallocate and distribute such allocation as the Sec-
retary deems appropriate and equitable.
(2) In the event of any drought, flood, hurricane, or
other natural disaster affecting substantial numbers of
persons in a State, county, or parish, the Secretary may
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request that States unaffected by such a disaster consider
assisting affected States by allowing the Secretary to re-
allocate commodities from such unaffected State to States
containing areas adversely affected by the disaster.
(c) Purchases of commodities under this subtitle shall
be made by the Secretary at such times and under such
conditions as the Secretary determines appropriate within
each fiscal year. All commodities so purchased for each
such fiscal year shall be delivered at reasonable intervals
to States based on the allocations and reallocations made
under subsections (a) and (b), and or carry out section
520, not later than December 31 of the following fiscal
year.
SEC. 516. PRIORITY SYSTEM FOR STATE DISTRIBUTION OF
COMMODITIES.
(a) In distributing the commodities allocated under
subsections (a) and (b) of section 515, the State agency,
under procedures determined by the State agency, shall
offer, or otherwise make available, its full allocation of
commodities for distribution to emergency feeding organi-
zations.
(b) If the State agency determines that the State will
not exhaust the commodities allocated under subsections
(a) and (b) of section 515 through distribution to organi-
zations referred to in subsection (a), its remaining alloca-
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tion of commodities shall be distributed to charitable insti-
tutions described in section 523(3) not receiving commod-
ities under subsection (a).
(c) If the State agency determines that the State will
not exhaust the commodities allocated under subsections
(a) and (b) of section 515 through distribution to organi-
zations referred to in subsections (a) and (b), its remain-
ing allocation of commodities shall be distributed to any
eligible recipient agency not receiving commodities under
subsections (a) and (b).
SEC. 517. INITIAL PROCESSING COSTS.
The Secretary may use funds of the Commodity
Credit Corporation to pay the costs of initial processing
and packaging of commodities to be distributed under this
subtitle into forms and in quantities suitable, as deter-
mined by the Secretary, for use by the individual house-
holds or eligible recipient agencies, as applicable. The Sec-
retary may pay such costs in the form of Corporation-
owned commodities equal in value to such costs. The Sec-
retary shall ensure that any such payments in kind will
not displace commercial sales of such commodities.
SEC. 518. ASSURANCES; ANTICIPATED USE.
(a) The Secretary shall take such precautions as the
Secretary deems necessary to ensure that commodities
made available under this subtitle will not displace com-
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mercial sales of such commodities or the products thereof.
The Secretary shall submit to the Committee on Agri-
culture of the House of Representatives and the Commit-
tee on Agriculture, Nutrition, and Forestry of the Senate
by December 31, 1997, and not less than every two years
thereafter, a report as to whether and to what extent such
displacements or substitutions are occurring.
(b) The Secretary shall determine that commodities
provided under this subtitle shall be purchased and dis-
tributed only in quantities that can be consumed without
waste. No eligible recipient agency may receive commod-
ities under this subtitle in excess of anticipated use, based
on inventory records and controls, or in excess of its ability
to accept and store such commodities.
SEC. 519. AUTHORIZATION OF APPROPRIATIONS.
(a) PURCHASE OF COMMODITIES.—To carry out this
subtitle, there are authorized to be appropriated
$260,000,000 for each of the fiscal years 1996 through
2000 to purchase, process, and distribute commodities to
the States in accordance with this subtitle.
(b) ADMINISTRATIVE FUNDS.—
(1) There are authorized to be appropriated
$40,000,000 for each of the fiscal years 1996
through 2000 for the Secretary to make available to
the States for State and local payments for costs as-
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sociated with the distribution of commodities by eli-
gible recipient agencies under this subtitle, excluding
costs associated with the distribution of those com-
modities distributed under section 520. Funds ap-
propriated under this paragraph for any fiscal year
shall be allocated to the States on an advance basis
dividing such funds among the States in the same
proportions as the commodities distributed under
this subtitle for such fiscal year are allocated among
the States. If a State agency is unable to use all of
the funds so allocated to it, the Secretary shall re-
allocate such unused funds among the other States
in a manner the Secretary deems appropriate and
equitable.
(2)(A) A State shall make available in each fis-
cal year to eligible recipient agencies in the State
not less than 40 percent of the funds received by the
State under paragraph (1) for such fiscal year, as
necessary to pay for, or provide advance payments
to cover, the allowable expenses of eligible recipient
agencies for distributing commodities to needy per-
sons, but only to the extent such expenses are actu-
ally so incurred by such recipient agencies.
(B) As used in this paragraph, the term ‘‘allow-
able expenses’’ includes—
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(i) costs of transporting, storing, handling,
repackaging, processing, and distributing com-
modities incurred after such commodities are
received by eligible recipient agencies;
(ii) costs associated with determinations of
eligibility, verification, and documentation;
(iii) costs of providing information to per-
sons receiving commodities under this subtitle
concerning the appropriate storage and prepa-
ration of such commodities; and
(iv) costs of recordkeeping, auditing, and
other administrative procedures required for
participation in the program under this subtitle.
(C) If a State makes a payment, using State
funds, to cover allowable expenses of eligible recipi-
ent agencies, the amount of such payment shall be
counted toward the amount a State must make
available for allowable expenses of recipient agencies
under this paragraph.
(3) States to which funds are allocated for a
fiscal year under this subsection shall submit finan-
cial reports to the Secretary, on a regular basis, as
to the use of such funds. No such funds may be
used by States or eligible recipient agencies for costs
other than those involved in covering the expenses
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related to the distribution of commodities by eligible
recipient agencies.
(4)(A) Except as provided in subparagraph (B),
to be eligible to receive funds under this subsection,
a State shall provide in cash or in kind (according
to procedures approved by the Secretary for certify-
ing these in-kind contributions) from non-Federal
sources a contribution equal to the difference be-
tween—
(i) the amount of such funds so received;
and
(ii) any part of the amount allocated to the
State and paid by the State—
(I) to eligible recipient agencies; or
(II) for the allowable expenses of such
recipient agencies; for use in carrying out
this subtitle.
(B) Funds allocated to a State under this sec-
tion may, upon State request, be allocated before
States satisfy the matching requirement specified in
subparagraph (A), based on the estimated contribu-
tion required. The Secretary shall periodically rec-
oncile estimated and actual contributions and adjust
allocations to the State to correct for overpayments
and underpayments.
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(C) Any funds distributed for administrative
costs under section 520(b) shall not be covered by
this paragraph.
(5) States may not charge for commodities
made available to eligible recipient agencies, and
may not pass on to such recipient agencies the cost
of any matching requirements, under this subtitle.
(c) The value of the commodities made available
under subsections (c) and (d) of section 512, and the
funds of the Commodity Credit Corporation used to pay
the costs of initial processing, packaging (including forms
suitable for home use), and delivering commodities to the
States shall not be charged against appropriations author-
ized by this section.
SEC. 520. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) From the funds appropriated under section
519(a), $94,500,000 shall be used for each fiscal year to
purchase and distribute commodities to supplemental feed-
ing programs serving woman, infants, and children or el-
derly individuals (hereinafter in this section referred to as
the ‘‘commodity supplemental food program’’), or serving
both groups wherever located.
(b) Not more than 20 percent of the funds made
available under subsection (a) shall be made available to
the States for State and local payments of administrative
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costs associated with the distribution of commodities by
eligible recipient agencies under this section. Administra-
tive costs for the purposes of the commodity supplemental
food program shall include, but not be limited to, expenses
for information and referral, operation, monitoring, nutri-
tion education, start-up costs, and general administration,
including staff, warehouse and transportation personnel,
insurance, and administration of the State or local office.
(c)(1) During each fiscal year the commodity supple-
mental food program is in operation, the types, varieties,
and amounts of commodities to be purchased under this
section shall be determined by the Secretary, but, if the
Secretary proposes to make any significant changes in the
types, varieties, or amounts from those that were available
or were planned at the beginning of the fiscal year the
Secretary shall report such changes before implementation
to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(2) Notwithstanding any other provision of law, the
Commodity Credit Corporation shall, to the extent that
the Commodity Credit Corporation inventory levels per-
mit, provide not less than 9,000,000 pounds of cheese and
not less than 4,000,000 pounds of nonfat dry milk in each
of the fiscal years 1996 through 2000 to the Secretary.
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The Secretary shall use such amounts of cheese and non-
fat dry milk to carry out the commodity supplemental food
program before the end of each fiscal year.
(d) The Secretary shall, in each fiscal year, approve
applications of additional sites for the program, including
sites that serve only elderly persons, in areas in which the
program currently does not operate, to the full extent that
applications can be approved within the appropriations
available for the program for the fiscal year and without
reducing actual participation levels (including participa-
tion of elderly persons under subsection (e)) in areas in
which the program is in effect.
(e) If a local agency that administers the commodity
supplemental food program determines that the amount
of funds made available to the agency to carry out this
section exceeds the amount of funds necessary to provide
assistance under such program to women, infants, and
children, the agency, with the approval of the Secretary,
may permit low-income elderly persons (as defined by the
Secretary) to participate in and be served by such pro-
gram.
(f)(1) If it is necessary for the Secretary to pay a
significantly higher than expected price for one or more
types of commodities purchased under this section, the
Secretary shall promptly determine whether the price is
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likely to cause the number of persons that can be served
in the program in a fiscal year to decline.
(2) If the Secretary determines that such a decline
would occur, the Secretary shall promptly notify the State
agencies charged with operating the program of the de-
cline and shall ensure that a State agency notify all local
agencies operating the program in the State of the decline.
(g) Commodities distributed to States pursuant to
this section shall not be considered in determining the
commodity allocation to each State under section 515 or
priority of distribution under section 516.
SEC. 521. COMMODITIES NOT INCOME.
Notwithstanding any other provision of law, commod-
ities distributed under this subtitle shall not be considered
income or resources for purposes of determining recipient
eligibility under any Federal, State, or local means-tested
program.
SEC. 
522. 
PROHIBITION 
AGAINST 
CERTAIN 
STATE
CHARGES.
Whenever a commodity is made available without
charge or credit under this subtitle by the Secretary for
distribution within the States to eligible recipient agencies,
the State may not charge recipient agencies any amount
that is in excess of the State’s direct costs of storing, and
transporting to recipient agencies the commodities minus
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any amount the Secretary provides the State for the costs
of storing and transporting such commodities.
SEC. 523. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘average monthly number of un-
employed persons’’ means the average monthly num-
ber of unemployed persons within a State in the
most recent fiscal year for which such information is
available as determined by the Bureau of Labor Sta-
tistics of the Department of Labor.
(2) The term ‘‘elderly persons’’ means individ-
uals 60 years of age or older.
(3) The term ‘‘eligible recipient agency’’ means
a public or nonprofit organization that admin-
isters—
(A) an institution providing commodities to
supplemental feeding programs serving women,
infants, and children or serving elderly persons,
or serving both groups;
(B) an emergency feeding organization;
(C) a charitable institution (including a
hospital and a retirement home, but excluding
a penal institution) to the extent that such in-
stitution serves needy persons;
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(D) a summer camp for children, or a
child nutrition program providing food service;
(E) a nutrition project operating under the
Older Americans Act of 1965, including such
project that operates a congregate nutrition site
and a project that provides home-delivered
meals; or
(F) a disaster relief program;and that has
been designated by the appropriate State agen-
cy, or by the Secretary, and approved by the
Secretary for participation in the program es-
tablished under this subtitle.
(4) The term ‘‘emergency feeding organization’’
means a public or nonprofit organization that ad-
ministers activities and projects (including the activi-
ties and projects of a charitable institution, a food
bank, a food pantry, a hunger relief center, a soup
kitchen, or a similar public or private nonprofit eligi-
ble recipient agency) providing nutrition assistance
to relieve situations of emergency and distress
through the provision of food to needy persons, in-
cluding low-income and unemployed persons.
(5) The term ‘‘food bank’’ means a public and
charitable institution that maintains an established
operation involving the provision of food or edible
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commodities, or the products thereof, to food pan-
tries, soup kitchens, hunger relief centers, or other
food or feeding centers that, as an integral part of
their normal activities, provide meals or food to feed
needy persons on a regular basis.
(6) The term ‘‘food pantry’’ means a public or
private nonprofit organization that distributes food
to low-income and unemployed households, including
food from sources other than the Department of Ag-
riculture, to relieve situations of emergency and dis-
tress.
(7) The term ‘‘needy persons’’ means—
(A) individuals who have low incomes or
who are unemployed, as determined by the
State (in no event shall the income of such indi-
vidual or household exceed 185% of the poverty
line);
(B) households certified as eligible to par-
ticipate in the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.); or
(C) individuals or households participating
in any other Federal, or Federally assisted,
means-tested program.
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(8) The term ‘‘poverty line’’ has the same
meaning given such term in section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
(9) The term ‘‘soup kitchen’’ means a public
and charitable institution that, as integral part of its
normal activities, maintains an established feeding
operation to provide food to needy homeless persons
on a regular basis.
SEC. 524. REGULATIONS.
(a) The Secretary shall issue regulations within 120
days to implement this subtitle.
(b) In administering this subtitle, the Secretary shall
minimize, to the maximum extent practicable, the regu-
latory, recordkeeping, and paperwork requirements im-
posed on eligible recipient agencies.
(c) The Secretary shall as early as feasible but not
later than the beginning of each fiscal year, publish in the
Federal Register a nonbinding estimate of the types and
quantities of commodities that the Secretary anticipates
are likely to be made available under the commodity dis-
tribution program under this subtitle during the fiscal
year.
(d) The regulations issued by the Secretary under
this section shall include provisions that set standards
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with respect to liability for commodity losses for the com-
modities distributed under this subtitle in situations in
which there is no evidence of negligence or fraud, and con-
ditions for payment to cover such losses. Such provisions
shall take into consideration the special needs and cir-
cumstances of eligible recipient agencies.
SEC. 525. FINALITY OF DETERMINATIONS.
Determinations made by the Secretary under this
subtitle and the facts constituting the basis for any dona-
tion of commodities under this subtitle, or the amount
thereof, when officially determined in conformity with the
applicable regulations prescribed by the Secretary, shall
be final and conclusive and shall not be reviewable by any
other officer or agency of the Government.
SEC. 526. SALE OF COMMODITIES PROHIBITED.
Except as otherwise provided in section 517, none of
the commodities distributed under this subtitle shall be
sold or otherwise disposed of in commercial channels in
any form.
SEC. 527. SETTLEMENT AND ADJUSTMENT OF CLAIMS.
(a) The Secretary, or a designee of the Secretary,
shall have the authority to—
(1) determine the amount of, settle, and adjust
any claim arising under this subtitle; and
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(2) waive such a claim if the Secretary deter-
mines that to do so will serve the purposes of this
subtitle.
(b) Nothing contained in this section shall be con-
strued to diminish the authority of the Attorney General
of the United States under section 516 of title 28, United
States Code, to conduct litigation on behalf of the United
States.
SEC. 528. REPEALERS; AMENDMENTS.
(a) The Emergency Food Assistance Act of 1983 (7
U.S.C. 612c note) is repealed.
(b) AMENDMENTS.—
(1) The Hunger Prevention Act of 1988 (7
U.S.C. 612c note) is amended—
(A) by striking section 110;
(B) by striking subtitle C of title II; and
(C) by striking section 502.
(2) The Commodity Distribution Reform Act
and WIC Amendments of 1987 (7 U.S.C. 612c note)
is amended by striking section 4.
(3) The Charitable Assistance and Food Bank
Act of 1987 (7 U.S.C. 612c note) is amended by
striking section 3.
(4) The Food Security Act of 1985 (7 U.S.C.
612c note) is amended—
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(A) by striking section 1571; and
(B) in section 1562(d), by striking ‘‘sec-
tion 4 of the Agricultural and Consumer Pro-
tection Act of 1973’’ and inserting ‘‘section 110
of the Commodity Distribution Act of 1995’’.
(5) The Agricultural and Consumer Protection
Act of 1973 (7 U.S.C. 612c note) is amended—
(A) in section 4(a), by striking ‘‘institu-
tions (including hospitals and facilities caring
for needy infants and children), supplemental
feeding programs serving women, infants and
children or elderly persons, or both, wherever
located, disaster areas, summer camps for chil-
dren’’ and inserting ‘‘disaster areas’’;
(B) in subsection 4(c), by striking ‘‘the
Emergency Food Assistance Act of 1983’’ and
inserting ‘‘the Commodity Distribution Act of
1995’’; and
(C) by striking section 5.
(6) The Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 612c note) is amended
by striking section 1773(f).
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Subtitle B—Simplification and
Reform of Food Stamp Program
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ‘‘Food Stamp Sim-
plification and Reform Act of 1995’’.
CHAPTER 1—SIMPLIFIED FOOD STAMP
PROGRAM AND STATE ASSISTANCE
FOR NEEDY FAMILIES
SEC. 541. ESTABLISHMENT OF SIMPLIFIED FOOD STAMP
PROGRAM.
Section 4(a) of the Food Stamp Act of 1977 (7
U.S.C. 2013(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) At the request of the State agency, a State may
operate a program, as provided in section 24, within the
State or any political subdivisions within the State in
which households with one or more members receiving reg-
ular cash benefits under the program established by the
State under the Temporary Assistance for Needy Families
Block Grant will be issued food stamp benefits in accord-
ance with the rules and procedures established—
‘‘(A) by the State under the Temporary Assist-
ance for Needy Families Block Grant or this Act; or
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‘‘(B) under the food stamp program.’’.
SEC. 542. SIMPLIFIED FOOD STAMP PROGRAM.
(a) The Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) is amended by adding the following new section:
‘‘SEC. 24. SIMPLIFIED FOOD STAMP PROGRAM.
‘‘(a) If a State elects to operate a program under sec-
tion 4(a)(2) within the State or any political subdivision
within the State—
‘‘(1) households in which all members receive
regular cash benefits under the program established
by the State under the Temporary Assistance for
Needy Families Block Grant shall be automatically
eligible to participate in the food stamp program;
and
‘‘(2) benefits under such program shall be de-
termined under the rules and procedures established
by the State or political subdivision under the Tem-
porary Assistance for Needy Families Block Grant
or under the food stamp program, subject to sub-
section (g).
‘‘(b) In approving a State plan to carry out a pro-
gram under section 4(a)(2), the Secretary shall certify
that the average level of food stamp benefits per household
participating in the program under such section for the
State or political subdivision in which such program is in
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operation is not expected to exceed the average level of
food stamp benefits per household that received benefits
under the program established by a State under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) in such area in the preceding fiscal year, adjusted
for any changes in the thrifty food plan under section 3(o).
The Secretary shall compute the permissible average level
of food stamp benefits per household each year for each
State or political subdivision in which such program is in
operation and may require a State to report any informa-
tion necessary to make such computation.
‘‘(c) When the Secretary determines that the average
level of food stamp benefits per household provided by the
State or political subdivision under such program has ex-
ceeded the permissible average level of food stamp benefits
per household for the State or political subdivision in
which the program was in operation, the State or political
subdivision shall pay to the Treasury of the United States
the value of the food stamp benefits in excess of the per-
missible average level of food stamp benefits per household
in the State or political subdivision within 90 days after
the notification of such excess payments.
‘‘(d)(1) A household against which a penalty is im-
posed (including a reduction in benefits or disqualifica-
tion) for noncompliance with the program established by
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the State under the Temporary Assistance for Needy
Families Block Grant may have the same penalty imposed
against it (including a reduction in benefits or disqualifica-
tion) in the program administered under this section.
‘‘(2) If the penalty for noncompliance with the pro-
gram established by the State under the Temporary As-
sistance for Needy Families block grant is a reduction in
benefits in such program, the household shall not receive
an increased allotment under the program administered
under this section as a result of a decrease in the house-
hold’s income (as determined by the State under this sec-
tion) caused by such penalty.
‘‘(3) Any household disqualified from the program
administered under this subsection may, after such dis-
qualification period has expired, apply for food stamp ben-
efits under this Act and shall be treated as a new appli-
cant.
‘‘(e) If a State or political subdivision, at its option,
operates a program under section 4(a)(2) for households
that include any member who does not receive regular
cash benefits under the program established by the State
under the Temporary Assistance for Needy Families Block
Grant, the Secretary shall ensure that the State plan pro-
vides that household eligibility shall be determined under
this Act, benefits may be determined under the rules and
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procedures established by the State under the Temporary
Assistance for Needy Families Block Grant or this Act,
and benefits provided under this section shall be equitably
distributed among all household members.
‘‘(f)(1) Under the program operated under section
4(a)(2), the State may elect to provide cash assistance in
lieu of allotments to all households that include a member
who is employed and whose employment produces for the
benefit of the member’s household income that satisfies
the requirements of paragraph (2).
‘‘(2) The State, in electing to provide cash assistance
under paragraph (1), at a minimum shall require that
such earned income is—
‘‘(A) not less that $350 per month;
‘‘(B) earned from employment provided by a
nongovernmental employer, as determined by the
State; and
‘‘(C) received from the same employer for a pe-
riod of employment of not less than 3 consecutive
months.
‘‘(3) If a State that makes the election described in
paragraph (1) identifies each household that receives cash
assistance under this subsection—
‘‘(A) the Secretary shall pay to the State an
amount equal to the value of the allotment that such
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household would be eligible to receive under this sec-
tion but for the operation of this subsection;
‘‘(B) the State shall provide such amount to the
household as cash assistance in lieu of such allot-
ment; and
‘‘(C) for purposes of the food stamp program
(other than this section and section 4(a)(2))—
‘‘(i) such cash assistance shall be consid-
ered to be an allotment; and
‘‘(ii) such household shall not receive any
other food stamp benefit for the period for
which such cash assistance is provided.
‘‘(4) A State that makes the election in paragraph
(1) shall—
‘‘(A) increase the cash benefits provided to
households under this subsection to compensate for
any State or local sales tax that may be collected on
purchases of food by any household receiving cash
benefits under this subsection, unless the Secretary
determines on the basis of information provided by
the State that the increase is unnecessary on the
basis of the limited nature of the items subject to
the State or local sales tax; and
‘‘(B) pay the cost of any increase in cash bene-
fits required by paragraph (1).
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‘‘(5) After a State operates a program under this sub-
section for 2 years, the State shall provide to the Secretary
a written evaluation of the impact of cash assistance.
‘‘(g) In operating a program under section 4(a)(2),
the State or political subdivision may follow the rules and
procedures established by the State or political subdivision
under the Temporary Assistance for Needy Families Block
Grant or under the food stamp program, except that the
State or political subdivision shall comply with the require-
ments of—
‘‘(1) subsections (a) through (g) of section 7
(relating to the issuance and use of coupons);
‘‘(2) section 8(a) (relating to the value of allot-
ments, except that a household’s income may be de-
termined under the program established by the State
under the Temporary Assistance for Needy Families
Block Grant);
‘‘(3) section 8(b) (allotment not considered in-
come or resources);
‘‘(4) subsections (a), (c), (d), and (n) of section
11 (relating to administration);
‘‘(5) paragraphs (8), (12), (17), (19), (21),
(26), and (27) of section 11(e) (relating to the State
plan);
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‘‘(6) section 11(e)(10) (relating to a fair hear-
ing) or a comparable requirement established by the
State under the Temporary Assistance for Needy
Families Block Grant; and
‘‘(7) section 16 (relating to administrative cost-
sharing and quality control).’’.
(b) Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)) is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the
end;
(2) in paragraph (25), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(26) the plans of the State agency for operat-
ing, at the election of the State, a program under
section 4(a)(2), including—
‘‘(A) the rules and procedures to be fol-
lowed by the State to determine food stamp
benefits;
‘‘(B) a statement specifying whether the
program operated by the State under section
4(a)(2) will include households that include
members who do not receive regular cash bene-
fits under the program established by the State
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under the Temporary Assistance for Needy
Families Block Grant; and
‘‘(C) a description of the method by which
the State or political subdivision will carry out
a quality control system under section 16(c).’’.
SEC. 543. CONFORMING AMENDMENTS.
(a) Section 8 of the Food Stamp Act of 1977 (7
U.S.C. 2017) is amended by striking subsection (e).
(b) Section 17 of the Food Stamp Act of 1977 (7
U.S.C. 2026) is amended—
(1) by striking subsection (i); and
(2) by redesignating subsections (j), (k), and (l)
as subsections (i), (j), and (k), respectively.
CHAPTER 2—FOOD STAMP PROGRAM
SEC. 551. THRIFTY FOOD PLAN.
Section 3(o) of the Food Stamp Act of 1977 (7
U.S.C. 2012(o)) is amended by striking ‘‘(4) through Jan-
uary 1, 1980, adjust the cost of such diet every January
1 and July 1’’ and all that follows through the end of the
subsection, and inserting the following: ‘‘(4) on October
1, 1995, adjust the cost of the thrifty food plan to reflect
103 percent of the cost of the thrifty food plan in June
1994 and increase such amount by 2 percent, rounding
the result to the nearest lower dollar increment for each
household size, and (5) on October 1, 1996, and each Oc-
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tober 1 thereafter, increase the amount established for the
preceding October 1, before such amount was rounded, by
2 percent, rounding the result to the nearest lower dollar
increment for each household size.’’.
SEC. 552. INCOME DEDUCTIONS AND ENERGY ASSISTANCE.
(a) Section 5(d)(11) of the Food Stamp Act of 1977
(7 U.S.C. 2014(d)(11)) is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking ‘‘or (B) under any State or local
laws,’’ and all that follows through ‘‘or impracticable
to do so,’’.
(b) Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended to read as follows:
‘‘(e)(1) DEDUCTIONS FOR STANDARD AND EARNED
INCOME.—
‘‘(A) In computing household income, the Sec-
retary shall allow a standard deduction of $134 a
month for each household, except that households in
Alaska, Hawaii, Guam, and the Virgin Islands of the
United States shall be allowed a standard deduction
of $229, $189, $269, and $118, respectively.
‘‘(B) All households with earned income shall
also be allowed an additional deduction of 20 per-
cent of all earned income (other than that excluded
by subsection (d) of this section and that earned
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under section 16(j)), to compensate for taxes, other
mandatory deductions from salary, and work ex-
penses, except that such additional deduction shall
not be allowed with respect to earned income that a
household willfully or fraudulently fails (as proven in
a proceeding provided for in section 6(b)) to report
in a timely manner.
‘‘(2) DEPENDENT CARE DEDUCTION.—The Sec-
retary shall allow households a deduction with respect to
expenses other than expenses paid on behalf of the house-
hold by a third party or amounts made available and ex-
cluded for the expenses under subsection (d)(3), the maxi-
mum allowable level of which shall be $200 a month for
each dependent child under 2 years of age and $175 a
month for each other dependent, for the actual cost of
payments necessary for the care of a dependent when such
care enables a household member to accept or continue
employment, or training or education which is preparatory
for employment.
‘‘(3) EXCESS SHELTER EXPENSE DEDUCTION.—
‘‘(A) The Secretary shall allow households,
other than those households containing an elderly or
disabled member, with respect to expenses other
than expenses paid on behalf of the household by a
third party, an excess shelter expense deduction to
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the extent that the monthly amount expended by a
household for shelter exceeds an amount equal to 50
percent of monthly household income after all other
applicable deductions have been allowed.
‘‘(B) Such excess shelter expense deduction
shall not exceed $231 a month in the 48 contiguous
States and the District of Columbia, and shall not
exceed, in Alaska, Hawaii, Guam, and the Virgin Is-
lands of the United States, $402, $330, $280, and
$171 a month, respectively.
‘‘(C)(i) Notwithstanding section 2605(f) of the
Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624(f)), a household may not claim as
a shelter expense any payment received, or costs
paid on its behalf, under the Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.).
‘‘(ii) Notwithstanding section 2605(f) of the
Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624(f)), a State agency may use a
standard utility allowance as provided under sub-
paragraph (D) for heating and cooling expenses only
if the household incurs out-of-pocket heating or cool-
ing expenses in excess of any payment received, or
costs paid on its behalf, under the Low-Income
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Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.).
‘‘(iii) For purposes of the food stamp program,
assistance provided under the Low-Income Home
Energy Assistance Act of 1981 shall be considered
to be prorated over the entire heating or cooling sea-
son for which it was provided.
‘‘(iv) At the end of any certification period and
up to one additional time during each twelve-month
period, a State agency shall allow a household to
switch between any standard utility allowance and a
deduction based on its actual utility costs.
‘‘(D)(i) In computing the excess shelter expense
deduction, a State agency may use a standard utility
allowance in accordance with regulations promul-
gated by the Secretary, except that a State agency
may use an allowance which does not fluctuate with-
in a year to reflect seasonal variations.
‘‘(ii) An allowance for a heating or cooling ex-
pense may not be used for a household that does not
incur a heating or cooling expense, as the case may
be, or does incur a heating or cooling expense but
is located in a public housing unit which has central
utility meters and charges households, with regard
to such expense, only for excess utility costs.
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‘‘(iii) No such allowance may be used for a
household that shares such expense with, and lives
with, another individual not participating in the food
stamp program, another household participating in
the food stamp program, or both, unless the allow-
ance is prorated between the household and the
other individual, household, or both.
‘‘(4) HOMELESS
SHELTER
DEDUCTION.—(A) A
State shall develop a standard homeless shelter deduction,
which shall not exceed $139 a month, for the expenses
that may reasonably be expected to be incurred by house-
holds in which all members are homeless but are not re-
ceiving free shelter throughout the month. Subject to sub-
paragraph (B), the State shall use such deduction in de-
termining eligibility and allotments for such households.
‘‘(B) The Secretary may prohibit the use of the
standard homeless shelter deduction for households with
extremely low shelter costs.
‘‘(5) ELDERLY AND DISABLED HOUSEHOLDS.—
‘‘(A) The Secretary shall allow households con-
taining an elderly or disabled member, with respect
to expenses other than expenses paid on behalf of
the household by a third party—
‘‘(i) an excess medical expense deduction
for that portion of the actual cost of allowable
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medical expenses, incurred by elderly or dis-
abled members, exclusive of special diets, that
exceed $35 a month; and
‘‘(ii) an excess shelter expense deduction to
the extent that the monthly amount expended
by a household for shelter exceeds an amount
equal to 50 percent of monthly household in-
come after all other applicable deductions have
been allowed.
‘‘(B) State agencies shall offer eligible house-
holds a method of claiming a deduction for recurring
medical expenses that are initially verified under the
excess medical expense deduction provided for in
subparagraph (A), in lieu of submitting information
or verification on actual expenses on a monthly
basis. The method described in the preceding sen-
tence shall be designed to minimize the administra-
tive burden for eligible elderly and disabled house-
hold members choosing to deduct their recurrent
medical expenses pursuant to such method, shall rely
on reasonable estimates of the member’s expected
medical expenses for the certification period (includ-
ing changes that can be reasonably anticipated
based on available information about the member’s
medical condition, public or private medical insur-
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ance coverage, and the current verified medical ex-
penses incurred by the member), and shall not re-
quire further reporting or verification of a change in
medical expenses if such a change has been antici-
pated for the certification period.
‘‘(6) CHILD SUPPORT DEDUCTION.—Before deter-
mining the excess shelter expense deduction, the Secretary
shall allow all households a deduction for child support
payments made by a household member to or for an indi-
vidual who is not a member of the household if such house-
hold member was legally obligated to make such payments,
except that the Secretary is authorized to prescribe by reg-
ulation the methods, including calculation on a retrospec-
tive basis, that State agencies shall use to determine the
amount of the deduction for child support payments.’’.
(c) Section 11(e)(3) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(3)) is amended by striking ‘‘Under the
rules prescribed by the Secretary, a State agency shall de-
velop standard estimates’’ and all that follows through the
end of the paragraph.
SEC. 553. VEHICLE ALLOWANCE.
Section 5(g)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)(2)) is amended by striking ‘‘a level set by
the Secretary, which shall be $4,500 through August 31,
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1994,’’ and all that follows through the end of the para-
graph, and inserting ‘‘$4,550.’’.
SEC. 554. WORK REQUIREMENTS.
(a) Section 6(d) of the Food Stamp Act of 1977 (7
U.S.C. 2015(d)) is amended—
(1) in paragraph (1)(A)(ii), by striking ‘‘an em-
ployment and training program under paragraph
(4), to the extent required under paragraph (4), in-
cluding any reasonable employment requirements as
are prescribed by the State agency in accordance
with paragraph (4)’’ and inserting ‘‘a State job
search program’’;
(2) in paragraph (2)(A)—
(A) by striking ‘‘title IV of the Social Se-
curity Act (42 U.S.C. 602)’’ and inserting ‘‘the
program established by the State under the
Temporary Assistance for Needy Families
Block Grant’’; and
(B) by striking ‘‘that is comparable to a
requirement of paragraph (1)’’; and
(3) by amending paragraph (4) to read as fol-
lows:
‘‘(4)(A) Except as provided in subparagraphs (B),
(C), and (D), an individual shall not be denied initial eligi-
bility but shall be disqualified from the food stamp pro-
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gram if after 90 days from the certification of eligibility
of such individual the individual was not employed a mini-
mum of 20 hours per week, or does not participate in a
program established under section 20 or a comparable
program established by the State or local government.
‘‘(B) Subparagraph (A) shall not apply in the case
of an individual who—
‘‘(i) is under eighteen or over fifty years of age;
‘‘(ii) is certified by a physician as physically or
mentally unfit for employment;
‘‘(iii) is a parent or other member of a house-
hold with responsibility for the care of a dependent;
‘‘(iv) is participating a minimum of 20 hours
per week and is in compliance with the requirements
of—
‘‘(I) a program under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.);
‘‘(II) a program under section 236 of the
Trade Act of 1974 (19 U.S.C. 2296); or
‘‘(III) a program of employment or train-
ing operated or supervised by an agency of
State or local government which meets stand-
ards deemed appropriate by the Governor; or
‘‘(v) would otherwise be exempt under sub-
section (d)(2).
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‘‘(C) Upon request of the State, the Secretary may
waive the requirements of subparagraph (A) in the case
of some or all individuals within all or part of the State
if the Secretary makes a determination that such area—
‘‘(i) has an unemployment rate of over 10 per-
cent; or
‘‘(ii) does not have a sufficient number of jobs
to provide employment for individuals subject to this
paragraph. The Secretary shall report to the Com-
mittee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the basis on which
the Secretary made such a decision.
‘‘(D) An individual who has been disqualified from
the food stamp program under subparagraph (A) may re-
establish eligibility for assistance if such person becomes
exempt under subparagraph (B) or by—
‘‘(i) becoming employed for a minimum of 20
hours per week during any consecutive thirty-day pe-
riod; or
‘‘(ii) participating in a program established
under section 20 or a comparable program estab-
lished by the State or local government.’’.
(b) Section 16 of the Food Stamp Act of 1977 (7
U.S.C. 2025) is amended—
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(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as
subsections (h) and (i), respectively.
(c) Section 17 of the Food Stamp Act of 1977 (7
U.S.C. 2026), as amended by section 543(b), is amend-
ed—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (k)
as subsections (d) through (j), respectively.
(d) Section 20 of the Food Stamp Act of 1977 (7
U.S.C. 2029) is amended to read as follows:
‘‘SEC. 20. (a)(1) The Secretary shall permit a State
that applies and submits a plan in compliance with guide-
lines promulgated by the Secretary to operate a program
within the State or any political subdivision within the
State, under which persons who are required to work
under section 6(d)(4) may accept an offer from the State
or political subdivision to perform work on its behalf, or
on behalf of a private nonprofit entity designated by the
State or political subdivision, in order to continue to qual-
ify for benefits after they have initially been judged eligi-
ble.
‘‘(2) The Secretary shall promulgate guidelines pur-
suant to paragraph (1) which, to the maximum extent
practicable, enable a State or political subdivision to de-
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sign and operate a program that is compatible and consist-
ent with similar programs operated by the State or politi-
cal subdivision.
‘‘(b) To be approved by the Secretary, a program
shall provide that participants work, in return for com-
pensation consisting of the allotment to which the house-
hold is entitled under section 8(a), with each hour of such
work entitling that household to a portion of its allotment
equal in value to 100 percent of the higher of the applica-
ble State minimum wage or the Federal minimum hourly
rate under the Fair Labor Standards Act of 1938.
‘‘(c) No State or political subdivision that receives
funds provided under this section shall replace any em-
ployed worker with an individual who is participating in
a program under this section for the purposes of comply-
ing with section 6(d)(4). Such an individual may be placed
in any position offered by the State or political subdivision
that—
‘‘(1) is a new position;
‘‘(2) is a position that became available in the
normal course of conducting the business of the
State or political subdivision;
‘‘(3) involves performing work that would other-
wise be performed on an overtime basis by a worker
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who is not an individual participating in such pro-
gram; or
‘‘(4) that is a position which became available
by shifting a current employee to an alternate posi-
tion.
‘‘(d) The Secretary shall allocate among the States
or political subdivisions in each fiscal year, from funds ap-
propriated for the fiscal year under section 18(a)(1), the
amount of $75,000,000 to assist in carrying out the pro-
gram under this section during the fiscal year.
‘‘(e)(1) In making the allocation required under sub-
section (d), the Secretary shall allocate to each State oper-
ating a program under this section that percentage of the
total funds allocated under subsection (d) which equals the
estimate of the Secretary of the percentage of participants
who are required to work under section 6(d)(4) that reside
in such State.
‘‘(2) The State shall promptly notify the Secretary
if such State determines that it will not expend the funds
allocated it under paragraph (1) and the Secretary shall
reallocate such funds as the Secretary deems appropriate
and equitable.
‘‘(f) Notwithstanding subsection (d), the Secretary
shall ensure that each State operating a program under
this section is allocated at least $50,000 by reducing, to
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the extent necessary, the funds allocated to those States
allocated more than $50,000.
‘‘(g) If, in carrying out such program during such
fiscal year, a State or political subdivision incurs costs
that exceed the amount allocated to the State agency
under subsection (d)—
‘‘(1) the Secretary shall pay such State agency
an amount equal to 50 percent of such additional
costs, subject to the first limitation in paragraph
(2); and
‘‘(2) the Secretary shall also reimburse each
State agency in an amount equal to 50 percent of
the total amount of payments made or costs in-
curred by the State or political subdivision in con-
nection with transportation costs and other expenses
reasonably necessary and directly related to partici-
pation in a program under this section, except that
such total amount shall not exceed an amount rep-
resenting $25 per participant per month for costs of
transportation and other actual costs and such reim-
bursement shall not be made out of funds allocated
under subsection (d).
‘‘(h) The Secretary may suspend or cancel some or
all of these payments, or may withdraw approval from a
State or political subdivision to operate a program, upon
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a finding that the State or political subdivision has failed
to comply with the requirements of this section.’’.
(e) Section 7(i)(6) of the Food Stamp Act of 1977
(7 U.S.C. 2016(i)(6)) is amended by striking ‘‘section
17(f)’’ and inserting ‘‘section 17(e)’’.
SEC. 555. COMPARABLE TREATMENT OF DISQUALIFIED
INDIVIDUALS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following new
subsection:
‘‘(i) An individual who is a member of a household
who would otherwise be eligible to participate in the food
stamp program under this section and who has been dis-
qualified for noncompliance with program requirements
from the program established by the State under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) shall not be eligible to participate in the food stamp
program during the period such disqualification is in
effect.’’.
SEC. 556. ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
(a) Section 7(i) of the Food Stamp Act of 1977 (7
U.S.C. 2016(i)) is amended—
(1) by amending paragraph (1) to read as
follows:
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‘‘(1)(A) State agencies are encouraged to implement
an on-line electronic benefit transfer system in which
household benefits determined under section 8(a) or sec-
tion 24 are issued from and stored in a central data bank
and electronically accessed by household members at the
point-of-sale.
‘‘(B) Subject to paragraph (2), a State is authorized
to procure and implement an on-line electronic benefit
transfer system under the terms, conditions, and design
that the State deems appropriate, except that each elec-
tronic benefit transfer card shall bear a photograph of the
members of the household to which such card is issued.
‘‘(C) Upon request of a State, the Secretary may
waive any provision of this Act prohibiting the effective
implementation of an electronic benefit transfer system
under this subsection.’’;
(2) in paragraph (2)—
(A) by striking ‘‘effective no later than
April 1, 1992,’’;
(B) by striking ‘‘the approval of’’;
(C) in subparagraph (A) by striking ‘‘, in
any 1 year,’’; and
(D) by amending subparagraph (D) to
read as follows:
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‘‘(D)(i) measures to maximize the security of
such system using the most recent technology avail-
able that the State considers appropriate and cost-
effective and which may include (but is not limited
to) personal identification numbers (PIN), photo-
graphic identification on electronic benefit transfer
cards, and other measures to protect against fraud
and abuse; and
‘‘(ii) effective not later than 2 years after the
date of the enactment of the Personal Responsibility
Act of 1995, measures that permit such system to
differentiate items of food that may be acquired with
an allotment from items of food that may not be ac-
quired with an allotment.’’; and
(3) in paragraph (3), by striking ‘‘the Secretary
shall not approve such a system unless—’’ and in-
serting ‘‘such system shall provide that—’’.
(b) The Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.), as amended by section 542(a), is amended by adding
at the end the following new section:
‘‘SEC. 25. ENCOURAGEMENT OF ELECTRONIC BENEFIT
TRANSFER SYSTEMS.
‘‘(a) Upon fully implementing an electronic benefit
transfer system which operates in the entire State, a State
may, subject to the provisions of this section, elect to re-
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ceive a grant for any fiscal year to operate a low-income
nutrition assistance program in such fiscal year in lieu of
the food stamp program.
‘‘(b)(1) A State that meets the requirements of this
section and elects to operate such program, shall receive
each fiscal year under this section the sum of—
‘‘(A)(i) the total dollar value of all benefits is-
sued under the food stamp program by the State
during fiscal year 1994; or
‘‘(ii) the average per fiscal year of the total dol-
lar value of all benefits issued under the food stamp
program by the State during fiscal years 1992
through 1994; and
‘‘(B)(i) the total amount received by the State
for administrative costs under section 16(a) for fis-
cal year 1994; or
‘‘(ii) the average per fiscal year of the total
amount received by the State for administrative
costs under section 16(a) for fiscal years 1992
through 1994.
‘‘(2) Upon approval by the Secretary of the plan sub-
mitted by a State under subsection (c), the Secretary shall
pay to the State at such times and in such manner as
the Secretary may determine, the amount to which the
State is eligible under subsection (b)(1).
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‘‘(c) To be eligible to operate a low-income nutrition
assistance program under this section, a State shall sub-
mit for approval each fiscal year a plan of operation speci-
fying the manner in which such a program will be con-
ducted by the State. Such plan shall—
‘‘(1) certify that the State has implemented a
state-wide electronic benefit transfer system in ac-
cordance with section 7(i);
‘‘(2) designate a single State agency responsible
for the administration of the low-income nutrition
assistance program under this section;
‘‘(3) assess the food and nutrition needs of
needy persons residing in the State;
‘‘(4) limit the assistance to be provided under
this section to the purchase of food;
‘‘(5) describe the persons to whom such assist-
ance will be provided;
‘‘(6) assure the Secretary that assistance will be
provided to the most needy persons in the State and
that applicants for assistance shall have adequate
notice and fair hearings comparable to those re-
quired under section 11;
‘‘(7) provide that, in the operation of the low-
income nutrition assistance program, there shall be
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no discrimination on the basis of race, sex, religion,
national origin, or political beliefs; and
‘‘(8) include other information as may be re-
quired by the Secretary.
‘‘(d) Payments made under this section to the State
may be expended only in the fiscal year for which such
payments are distributed, except that the State may re-
serve up to 5 percent of the grant received for a fiscal
year to provide assistance under this section in subsequent
fiscal years: Provided, That such reserved funds may not
total more than 20 percent of the total grant received
under this section for a fiscal year.
‘‘(e) The State agency shall keep records concerning
the operation of the program carried out under this sec-
tion and shall make such records available to the Secretary
and the Comptroller General of the United States.
‘‘(f) If the Secretary finds that there is substantial
failure by a State to comply with the requirements of this
section, regulations issued pursuant to this section, or the
plan approved under subsection (c), then the Secretary
shall take one or more of the following actions:
‘‘(1) Suspend all or part of such payment au-
thorized by subsection (b)(2) to be made available to
such State, until the Secretary determines the State
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to be in substantial compliance with such require-
ments.
‘‘(2) Withhold all or part of such payments
until the Secretary determines that there is no
longer failure to comply with such requirements, at
which time the withheld payment may be paid.
‘‘(3) Terminate the authority of the State to
operate the low-income nutrition assistance program.
‘‘(g)(1) States which receive grants under this section
shall provide for—
‘‘(A) a biennial audit, conducted in accordance
with the standards of the Comptroller General, of
expenditures for the provision of nutrition assistance
under this section; and
‘‘(B) not later than 120 days after the end of
each fiscal year in which an audit is conducted, pro-
vide the Secretary with such audit.
States shall make the report of such audit available for
public inspection.
‘‘(2) Not later than 120 days after the end of the
fiscal year for which a State receives a grant under this
section, such State shall prepare an activities report com-
paring actual expenditures for such fiscal year for nutri-
tion assistance under this section with the expenditures
for such fiscal year predicted in the plan submitted in ac-
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cordance with subsection (c). Such State shall make the
activities report available for public inspection.
‘‘(h) Whoever knowingly and willfully embezzles,
misapplies, steals, or obtains by fraud, false statement, or
forgery, any funds, assets, or property provided or fi-
nanced under this section shall be fined not more than
$10,000 or imprisoned for not more than 5 years, or
both.’’.
SEC. 557. VALUE OF MINIMUM ALLOTMENT.
Section 8(a) of the Food Stamp Act of 1977 (7
U.S.C. 2017(a)) is amended by striking ‘‘, and shall be
adjusted on each October 1’’ and all that follows through
the end of such subsection, and inserting a period.
SEC. 558. INITIAL MONTH BENEFIT DETERMINATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977
(7 U.S.C. 2017(c)(2)(B)) is amended by striking ‘‘of more
than one month’’ after ‘‘following any period’’.
SEC. 559. IMPROVING FOOD STAMP PROGRAM MANAGE-
MENT.
(a) Section 13(a)(1) of the Food Stamp Act of 1977
(7 U.S.C. 2022(a)(1)) is amended—
(1) in the fifth sentence, by inserting ‘‘(after a
determination on any request for a waiver for good
cause related to the claim has been made by the Sec-
retary)’’ after ‘‘bill for collection’’; and
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(2) in the sixth sentence, by striking ‘‘1 year’’
and inserting ‘‘2 years’’.
(b) Section 16(c) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)) is amended—
(1) in paragraph (1)(C)—
(A) by striking ‘‘national performance
measure’’ and inserting ‘‘payment error toler-
ance level’’; and
(B) by striking ‘‘equal to—’’ and all that
follows through the period at the end and in-
serting the following:
‘‘equal to its payment error rate less such tolerance
level times the total value of allotments issued in
such a fiscal year by such State agency. The amount
of liability shall not be affected by corrective action
under subparagraph (B).’’;
(2) in paragraph (3)(A), by striking ‘‘120 days’’
and inserting ‘‘60 days (or 90 days at the discretion
of the Secretary)’’;
(3) in the last sentence of paragraph (6), by in-
serting ‘‘shall be used to establish a payment-error
tolerance level. Such tolerance level for any fiscal
year will be one percentage point added to the lowest
national performance measure ever announced up to
and including such fiscal year under this section.
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gram but for the operation of this subsection for the
purposes of providing and subsidizing or supporting
jobs under a work supplementation or support pro-
gram established by the State.
‘‘(2) If a State that makes the election de-
scribed in paragraph (1) identifies each household
that participates in the food stamp program which
contains an individual who is participating in such
work supplementation or support program—
‘‘(A) the Secretary shall pay to the State
an amount equal to the value of the allotment
that the household would be eligible to receive
but for the operation of this subsection;
‘‘(B) the State shall expend such amount
in accordance with its work supplementation or
support program in lieu of the allotment that
the household would receive but for the oper-
ation of this subsection;
‘‘(C) for purposes of—
‘‘(i) sections 5 and 8(a), the amount
received under this subsection shall be ex-
cluded from household income and re-
sources; and
‘‘(ii) section 8(b), the amount received
under this subsection shall be considered
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as the value of an allotment provided to
the household; and
‘‘(D) the household shall not receive an al-
lotment from the State agency for the period
during which the member continues to partici-
pate in the work supplementation program.
‘‘(3) No person shall be excused by reason of
the fact that such State has a work supplementation
or support program from any work requirement
under section 6(d), except during the periods in
which such individual is employed under such work
supplementation or support program.
‘‘(4) For purposes of this subsection, the term
‘‘work supplementation or support program’’ shall
mean a program in which, as determined by the Sec-
retary, public assistance, including any benefits pro-
vided under a program established by the State and
the food stamp program, is provided to an employer
to be used for hiring a public assistance recipient.’’.
SEC. 561. OBLIGATIONS AND ALLOTMENTS.
Section 18 of the Food Stamp Act of 1977 (7 U.S.C.
2027) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
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(i) by striking ‘‘are authorized to be
appropriated such sums as are necessary
for each of the fiscal years 1991 through
1995’’ and inserting the following:
‘‘is provided to be obligated, not in excess of the cost esti-
mate made by the Congressional Budget Office for this
Act, as amended by the Personal Responsibility Act of
1995, for the fiscal year ending September 30, 1996, with
adjustments for any estimates of total obligations for addi-
tional fiscal years made by the Congressional Budget Of-
fice to reflect the provisions contained in the Personal Re-
sponsibility Act of 1995’’;
(ii) by striking ‘‘In each monthly re-
port, the Secretary shall also state’’ and
inserting ‘‘Also, the Secretary shall file a
report every February 15, April 15, and
July 15, stating’’; and
(iii) by striking ‘‘supplemental appro-
priations’’ 
and 
inserting 
‘‘additional
obligational authority’’; and
(B) in paragraph (2), by striking ‘‘author-
ized to be appropriated’’ and inserting ‘‘obli-
gated’’;
(2) in subsection (b)—
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(A) in the first sentence, by striking ‘‘ap-
propriation’’ and inserting ‘‘total obligations
limitation provided’’; and
(B) in the second sentence, by striking
‘‘appropriation’’ and inserting ‘‘obligational
amount provided in subsection (a)(1)’’;
(3) in subsection (c)—
(A) by inserting ‘‘or under section 24’’
after ‘‘under sections 5(d) and 5(e)’’;
(B) by inserting ‘‘or under section 24’’
after ‘‘under section 5(c)’’;
(C) by striking ‘‘and’’ after ‘‘or otherwise
disabled’’; and
(D) by inserting before the period at the
end ‘‘, and (3) adequate and appropriate rec-
ommendations on how to equitably achieve such
reductions’’; and
(4) in subsection (f), by striking ‘‘No funds ap-
propriated’’ and inserting ‘‘None of the funds obli-
gated’’.
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CHAPTER 3—PROGRAM INTEGRITY
SEC. 571. AUTHORITY TO ESTABLISH AUTHORIZATION
PERIODS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)(1)) is amended by adding at the end the
following new sentence:
‘‘The Secretary shall establish specific time periods during
which authorization to accept and redeem coupons, or to
redeem benefits through an electronic benefit transfer sys-
tem, under the food stamp program shall be valid.’’.
SEC. 572. CONDITION PRECEDENT FOR APPROVAL OF RE-
TAIL FOOD STORES AND WHOLESALE FOOD
CONCERNS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)(1)), as previously amended by this title,
is amended by adding at the end the following new sen-
tence:
‘‘No retail food store or wholesale food concern shall be
approved for participation in the food stamp program un-
less an authorized employee of the Department of Agri-
culture, wherever possible, or an official of the State or
local government designated by the Department of Agri-
culture, has visited such retail food store or wholesale food
concern for the purpose of determining whether such retail
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food store or wholesale food concern should be so ap-
proved.’’.
SEC. 573. WAITING PERIOD FOR RETAIL FOOD STORES AND
WHOLESALE FOOD CONCERNS THAT ARE DE-
NIED APPROVAL TO ACCEPT COUPONS.
Section 9(d) of the Food Stamp Act of 1977 (7
U.S.C. 2018(d)) is amended by adding at the end the fol-
lowing new sentence:
‘‘Such retail food store or wholesale food concern shall not
submit an application under subsection (a)(1) for six
months from the date of receipt of the notice of denial.’’.
SEC. 574. DISQUALIFICATION OF RETAIL FOOD STORES
AND WHOLESALE FOOD CONCERNS.
Section 12(a) of the Food Stamp Act of 1977 (7
U.S.C. 2021(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a); and
(2) by inserting the following new paragraph:
‘‘(2) A retail food store or wholesale food concern
that is disqualified from participating in the program
under section 17 of the Child Nutrition Act of 1966 shall
for such period of disqualification also be disqualified from
participating in the food stamp program.’’.
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SEC. 575. AUTHORITY TO SUSPEND STORES VIOLATING
PROGRAM REQUIREMENTS PENDING ADMIN-
ISTRATIVE AND JUDICIAL REVIEW.
Section 14(a) of the Food Stamp Act of 1977 (7
U.S.C. 2023(a)) is amended by adding at the end the fol-
lowing new sentence:
‘‘Notwithstanding any other provision of law, the perma-
nent disqualification of a retail food store or wholesale
food concern under section 12(b)(3) shall be effective from
the date of receipt of the notice of disqualification.’’.
SEC. 576. CRIMINAL FORFEITURE.
Section 15 of the Food Stamp Act of 1977 (7 U.S.C.
2024) is amended by adding at the end the following new
subsection:
‘‘(h)(1) The court, in imposing sentence on a person
convicted of an offense in violation of subsection (b) or
(c), shall order, in addition to any other sentence imposed
pursuant to this subsection, that the person forfeit to the
United States all property described in paragraph (2).
‘‘(2) All property, real and personal, used in a trans-
action or attempted transaction, to commit, or to facilitate
the commission of, a violation (other than a misdemeanor)
of subsection (b) or (c), or proceeds traceable to a violation
of subsection (b) or (c), is subject to forfeiture to the Unit-
ed States.
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‘‘(3) No property shall be forfeited under this sub-
section to the extent of an interest of an owner, by reason
of any act or omission established by that owner to have
been committed or omitted without the knowledge or con-
sent of that owner.
‘‘(4) The proceeds from any sale of forfeited property
and any monies forfeited under this subsection shall be
used—
‘‘(A) to reimburse the Department of Justice
for the costs incurred by the Department to initiate
and complete the forfeiture proceeding that caused
the sale that produced such proceeds;
‘‘(B) to reimburse the Department of Agri-
culture Office of Inspector General for any costs it
incurred in the law enforcement effort resulting in
the forfeiture;
‘‘(C) to reimburse any Federal or State law en-
forcement agencies for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
‘‘(D) by the Secretary to carry out the ap-
proval, reauthorization, and compliance investiga-
tions of retail stores under section 9.’’.
SEC. 577. EXPANDED DEFINITION OF ‘‘COUPON’’.
Section 3(d) of the Food Stamp Act of 1977 (7
U.S.C. 2012(d)) is amended by striking ‘‘or type of certifi-
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cate’’ and inserting ‘‘type of certificate, authorization
cards, cash or checks issued in lieu of coupons, or access
devices, including, but not limited to, electronic benefit
transfer cards or personal identification numbers’’.
SEC. 578. DOUBLED PENALTIES FOR VIOLATING FOOD
STAMP PROGRAM REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2015(b)(1)) is amended—
(1) in clause (i), by striking ‘‘six months’’ and
inserting ‘‘1 year’’; and
(2) in clause (ii), by striking ‘‘1 year’’ and in-
serting ‘‘2 years’’.
SEC. 579. DISQUALIFICATION OF CONVICTED INDIVIDUALS.
Section 6(b)(1)(iii) of the Food Stamp Act of 1977
(7 U.S.C. 2015(b)(1)(iii)) is amended—
(1) in subclause (II), by striking ‘‘or’’ at the
end;
(2) in subclause (III), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following new
subclause:
‘‘(IV) a conviction of an offense under sub-
section (a) or (b) of section 15 involving items
referred to in such subsection having a value of
$500 or more.’’.
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SEC. 580. CLAIMS COLLECTION.
(a) Section 11(e)(8) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(8)) is amended by inserting before the
semicolon at the end ‘‘or refunds of Federal taxes as au-
thorized pursuant to section 3720A of title 31 of the Unit-
ed States Code’’.
(b) Section 13(d) of the Act (7 U.S.C. 2022(d)) is
amended—
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) by inserting before the period at the end
‘‘or refunds of Federal taxes as authorized pursuant
to section 3720A of title 31 of the United States
Code’’.
SEC. 581. DENIAL OF FOOD STAMP BENEFITS FOR 10 YEARS
TO INDIVIDUALS FOUND TO HAVE FRAUDU-
LENTLY MISREPRESENTED RESIDENCE IN
ORDER 
TO 
OBTAIN 
BENEFITS 
SIMULTA-
NEOUSLY IN 2 OR MORE STATES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following:
‘‘(I) An individual shall be ineligible to participate in
the food stamp program as a member of any household
during the 10-year period beginning on the date the indi-
vidual is found by a State to have made, or is convicted
in Federal or State court of having made, a fraudulent
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statement or representation with respect to the place of
residence of the individual in order to receive benefits si-
multaneously from 2 or more States under the food stamp
program or under programs that are funded under part
A of title IV, title XIX, or benefits in 2 or more States
under the supplemental security income program under
title XVI.’’.
SEC. 582. DISQUALIFICATION RELATING TO CHILD SUP-
PORT ARREARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following:
‘‘(i) No individual is eligible to participate in the food
stamp program as a member of any household during any
period such individual has any unpaid liability that is
both—
‘‘(1) under a court order for the support of a
child of such individual; and
‘‘(2) for which the court is not allowing such in-
dividual to delay payment.’’.
SEC. 583. ELIMINATION OF FOOD STAMP BENEFITS WITH
RESPECT TO FUGITIVE FELONS AND PROBA-
TION AND PAROLE VIOLATORS.
(a) INELIGIBILITY FOR FOOD STAMPS.—Section 6 of
the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended
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by section 555, is amended by adding at the end the fol-
lowing:
‘‘(j) No member of a household who is otherwise eligi-
ble to participate in the food stamp program shall be eligi-
ble to participate in the program as a member of that or
any other household while the individual is—
‘‘(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the
place from which he flees, for a crime, or an attempt
to commit a crime, which is a felony under the laws
of the place from which he flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State; or
‘‘(2) violating a condition of probation or parole
imposed under Federal or State law.’’.
(2) EXCHANGE OF INFORMATION WITH LAW EN-
FORCEMENT OFFICERS.—Section 11(e)(8) of such Act (7
U.S.C. 2020(e)(8)) is amended—
(1) by striking ‘‘and (C)’’ and inserting ‘‘(C)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, (D) notwithstanding any other pro-
vision of law, the address of a member of a house-
hold shall be made available, on request, to a Fed-
eral, State, or local law enforcement officer if the of-
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ficer furnishes the State agency with the name of
the member and notifies the agency that (i) the
member (I) is fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the laws
of the place from which he flees, for a crime, or an
attempt to commit a crime, which is a felony under
the laws of the place from which he flees, or which,
in the case of the State of New Jersey, is a high
misdemeanor under the laws of such State, or is vio-
lating a condition of probation or parole imposed
under Federal or State law, or (II) has information
that is necessary for the officer to conduct the offi-
cer’s official duties, (ii) the location or apprehension
of the member is within the official duties of the of-
ficer, and (iii) the request is made in the proper ex-
ercise of the duties, and’’.
Subtitle C—Effective Dates and
Miscellaneous Provisions
SEC. 591. EFFECTIVE DATES.
(a) Except as provided in subsection (b), this title and
amendments made by this title shall take effect on October
1, 1995.
(b) The amendments made by section 559 shall take
effect on October 1, 1994.
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SEC. 592. SENSE OF THE CONGRESS.
It is the sense of the Congress that States that oper-
ate electronic benefit systems to transfer benefits provided
under the Food Stamp Act of 1977 should operate elec-
tronic benefit systems that are compatible with each other.
SEC. 593. DEFICIT REDUCTION.
It is the sense of the Committee on Agriculture of
the House of Representatives that reductions in outlays
resulting from subtitle B shall not be taken into account
for purposes of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VI—SUPPLEMENTAL
SECURITY INCOME
SEC. 601. DENIAL OF SUPPLEMENTAL SECURITY INCOME
BENEFITS BY REASON OF DISABILITY TO
DRUG ADDICTS AND ALCOHOLICS.
(a) IN GENERAL.—Section 1614(a)(3) of the Social
Security Act (42 U.S.C. 1382c(a)(3)) is amended by add-
ing at the end the following:
‘‘(I) Notwithstanding subparagraph (A), an individ-
ual shall not be considered to be disabled for purposes of
this title if alcoholism or drug addiction would (but for
this subparagraph) be a contributing factor material to
the Commissioner’s determination that the individual is
disabled.’’.
(b) CONFORMING AMENDMENTS.—
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(1) Section 1611(e) of such Act (42 U.S.C.
1382(e)) is amended by striking paragraph (3).
(2) Section 1631(a)(2)(A)(ii) of such Act (42
U.S.C. 1383(a)(2)(A)(ii)) is amended—
(A) by striking ‘‘(I)’’; and
(B) by striking subclause (II).
(3) Section 1631(a)(2)(B) of such Act (42
U.S.C. 1383(a)(2)(B)) is amended—
(A) by striking clause (vii);
(B) in clause (viii), by striking ‘‘(ix)’’ and
inserting ‘‘(viii)’’;
(C) in clause (ix)—
(i) by striking ‘‘(viii)’’ and inserting
‘‘(vii)’’; and
(ii) in subclause (II), by striking all
that follows ‘‘15 years’’ and inserting a pe-
riod;
(D) in clause (xiii)—
(i) by striking ‘‘(xii)’’ and inserting
‘‘(xi)’’; and
(ii) by striking ‘‘(xi)’’ and inserting
‘‘(x)’’; and
(E) by redesignating clauses (viii) through
(xiii) as clauses (vii) through (xii), respectively.
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(4) Section 1631(a)(2)(D)(i)(II) of such Act
(42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by
striking all that follows ‘‘$25.00 per month’’ and in-
serting a period.
(5) Section 1634 of such Act (42 U.S.C. 1383c)
is amended by striking subsection (e).
(6) Section 201(c)(1) of the Social Security
Independence and Program Improvements Act of
1994 (42 U.S.C. 425 note) is amended—
(A) by striking ‘‘—’’ and all that follows
through ‘‘(A)’’ the 1st place such term appears;
(B) by striking ‘‘and’’ the 3rd place such
term appears;
(C) by striking subparagraph (B);
(D) by striking ‘‘either subparagraph (A)
or subparagraph (B)’’ and inserting ‘‘the pre-
ceding sentence’’; and
(E) by striking ‘‘subparagraph (A) or (B)’’
and inserting ‘‘the preceding sentence’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1995, and shall
apply with respect to months beginning on or after such
date.
(d) FUNDING OF CERTAIN PROGRAMS FOR DRUG
ADDICTS AND ALCOHOLICS.—
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(1) IN GENERAL.—Out of any money in the
Treasury not otherwise appropriated, there are here-
by appropriated—
(A) for carrying out section 1971 of the
Public Health Service Act (as amended by
paragraph (2) of this subsection), $95,000,000
for each of the fiscal years 1997 through 2000;
and
(B) for carrying out the medication devel-
opment project to improve drug abuse and drug
treatment research (administered through the
National Institute on Drug Abuse), $5,000,000
for each of the fiscal years 1997 through 2000.
(2) CAPACITY EXPANSION PROGRAM REGARD-
ING DRUG ABUSE TREATMENT.—Section 1971 of the
Public Health Service Act (42 U.S.C. 300y) is
amended—
(A) in subsection (a)(1), by adding at the
end the following sentence: ‘‘This paragraph is
subject to subsection (j).’’;
(B) by redesignating subsection (j) as sub-
section (k);
(C) in subsection (j) (as so redesignated),
by inserting before the period the following:
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‘‘and for each of the fiscal years 1995 through
2000’’; and
(D) by inserting after subsection (i) the
following subsection:
‘‘(j) FORMULA
GRANTS
FOR
CERTAIN
FISCAL
YEARS.—
‘‘(1) IN GENERAL.—For each of the fiscal years
1997 through 2000, the Director shall, for the pur-
pose described in subsection (a)(1), make a grant to
each State that submits to the Director an applica-
tion in accordance with paragraph (2). Such a grant
for a State shall consist of the allotment determined
for the State under paragraph (3). For each of the
fiscal years 1997 through 2000, grants under this
paragraph shall be the exclusive grants under this
section.
‘‘(2) REQUIREMENTS.—The Director may make
a grant under paragraph (1) only if, by the date
specified by the Director, the State submits to the
Director an application for the grant that is in such
form, is made in such manner, and contain such
agreements, assurances, and information as the Di-
rector determines to be necessary to carry out this
subsection, and if the application contains an agree-
ment by the State in accordance with the following:
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‘‘(A) The State will expend the grant in
accordance with the priority described in sub-
section (b)(1).
‘‘(B) The State will comply with the condi-
tions described in each of subsections (c), (d),
(g), and (h).
‘‘(3) ALLOTMENT.—
‘‘(A) For purposes of paragraph (1), the
allotment under this paragraph for a State for
a fiscal year shall, except as provided in sub-
paragraph (B), be the product of—
‘‘(i) the amount appropriated in sec-
tion 601(d)(1)(A) of the Personal Respon-
sibility Act of 1995 for the fiscal year, to-
gether with any additional amounts appro-
priated to carry out this section for the fis-
cal year; and
‘‘(ii) the percentage determined for
the State under the formula established in
section 1933(a).
‘‘(B) Subsections (b) through (d) of section
1933 apply to an allotment under subparagraph
(A) to the same extent and in the same manner
as such subsections apply to an allotment under
subsection (a) of section 1933.’’.
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SEC. 602. SUPPLEMENTAL SECURITY INCOME BENEFITS
FOR DISABLED CHILDREN.
(a) RESTRICTIONS ON ELIGIBILITY FOR CASH BENE-
FITS.—
(1) IN GENERAL.—Section 1614(a)(3)(A) of the
Social Security Act (42 U.S.C. 1382c(a)(3)(A)) is
amended—
(A) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’;
(B) by inserting ‘‘who has attained 18
years of age’’ before ‘‘shall be considered’’;
(C) by striking ‘‘he’’ and inserting ‘‘the in-
dividual’’;
(D) by striking ‘‘(or, in the case of an indi-
vidual under the age of 18, if he suffers from
any medically determinable physical or mental
impairment impairment of comparable sever-
ity)’’; and
(E) by adding after and below the end the
following:
‘‘(ii) An individual who has not attained 18 years of
age shall be considered to be disabled for purposes of this
title for a month if the individual—
‘‘(I) meets all non-disability-related require-
ments for eligibility for cash benefits under this title;
‘‘(II) has any medically determinable physical
or mental impairment (or combination of impair-
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ments) that meets the requirements, applicable to
individuals who have not attained 18 years of age,
of the Listings of Impairments set forth in appendix
1 of subpart P of part 404 of title 20, Code of Fed-
eral Regulations (revised as of April 1, 1994), or
that is equivalent in severity to such an impairment
(or such a combination of impairments); and
‘‘(III)(aa) for the month preceding the first
month for which this clause takes effect, was eligible
for cash benefits under this title by reason of disabil-
ity; or
‘‘(bb) as a result of the impairment (or com-
bination of impairments) involved—
‘‘(1) is in a hospital, skilled nursing facil-
ity, nursing facility, residential treatment facil-
ity, intermediate care facility for the mentally
retarded, or other medical institution; or
‘‘(2) would be required to be placed in
such an institution if the individual were not re-
ceiving personal assistance necessitated by the
impairment (or impairments).
‘‘(iii) As used in clause (ii)(III)(bb)(2), the term ‘per-
sonal assistance’ includes at least hands-on or stand-by
assistance, supervision, or cueing, with activities of daily
living and the administration of medical treatment (where
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applicable). For purposes of the preceding sentence, the
term ‘acitivities of daily living’ means eating, toileting,
dressing, bathing, and transferring.’’.
(2) NOTICE.—Within 1 month after the date of
the enactment of this Act, the Commissioner of So-
cial Security shall notify each individual whose eligi-
bility for cash supplemental security income benefits
under title XVI of the Social Security Act will termi-
nate by reason of the amendments made by para-
graph (1) of such termination.
(3) ANNUAL REPORTS ON LISTINGS OF IMPAIR-
MENTS.—The Commissioner of Social Security shall
annually submit to the Congress a report on the
Listings of Impairments set forth in appendix 1 of
subpart P of part 404 of title 20, Code of Federal
Regulations (revised as of April 1, 1994), that are
applicable to individuals who have not attained 18
years of age, and recommend any necessary revisions
to the listings.
(b) ESTABLISHMENT
OF
PROGRAM
OF
BLOCK
GRANTS REGARDING CHILDREN WITH DISABILITIES.—
(1) IN GENERAL.—Title XVI of the Social Se-
curity Act (42 U.S.C. 1381 et seq.) is amended by
adding at the end the following:
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‘‘PART C—BLOCK GRANTS TO STATES FOR
CHILDREN WITH DISABILITIES
‘‘SEC. 1641. ENTITLEMENT TO GRANTS.
‘‘Each State that meets the requirements of section
1642 for fiscal year 1997 or any subsequent fiscal year
shall be entitled to receive from the Commissioner for the
fiscal year a grant in an amount equal to the allotment
(as defined in section 1646(1)) of the State for the fiscal
year.
‘‘SEC. 1642. REQUIREMENTS.
‘‘(a) IN GENERAL.—A State meets the requirements
of this section for a grant under section 1641 for a fiscal
year if by the date specified by the Commissioner, the
State submits to the Commissioner an application for the
grant that is in such form, is made in such manner, and
contain such agreements, assurances, and information as
the Commissioner determines to be necessary to carry out
this part, and if the application contains an agreement by
the State in accordance with the following:
‘‘(1) The grant will not be expended for any
purpose other than providing authorized services (as
defined in section 1646(2)) to qualifying children (as
defined in section 1646(3)).
‘‘(2)(A) In providing authorized services, the
State will make every reasonable effort to obtain
payment for the services from other Federal or State
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programs that provide payment for such services
and from private entities that are legally liable to
make the payments pursuant to insurance policies,
prepaid plans, or other arrangements.
‘‘(B) The State will expend the grant only to
the extent that payments from the programs and en-
tities described in subparagraph (A) are not avail-
able for authorized services provided by the State.
‘‘(3) The State will comply with the condition
described in subsection (b).
‘‘(4) The State will comply with the condition
described in subsection (c).
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—The condition referred to
in subsection (a)(3) for a State for a fiscal year is
that, with respect to the purposes described in para-
graph (2), the State will maintain expenditures of
non-Federal amounts for such purposes at a level
that is not less than the following, as applicable:
‘‘(A) For the first fiscal year for which the
State receives a grant under section 1641, an
amount equal to the difference between—
‘‘(i) the average level of such expendi-
tures maintained by the State for the 2-
year period preceding October 1, 1995 (ex-
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cept that, if such first fiscal year is other
than fiscal year 1997, the amount of such
average level shall be increased to the ex-
tent necessary to offset the effect of infla-
tion occurring after October 1, 1995); and
‘‘(ii) the aggregate of non-Federal ex-
penditures made by the State for such 2-
year period pursuant to section 1618 (as
such section was in effect for such period).
‘‘(B) For each subsequent fiscal year, the
amount applicable under subparagraph (A) in-
creased to the extent necessary to offset the ef-
fect of inflation occurring after the beginning of
the fiscal year to which such subparagraph ap-
plies.
‘‘(2) RELEVANT PURPOSES.—The purposes de-
scribed in this paragraph are any purposes designed
to meet (or assist in meeting) the unique needs of
qualifying children that arise from physical and
mental impairments, including such purposes that
are authorized to be carried out under title XIX.
‘‘(3) RULE OF CONSTRUCTION.—With respect
to compliance with the agreement made by a State
pursuant to paragraph (1), the State has discretion
to select, from among the purposes described in
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paragraph (2), the purposes for which the State ex-
pends the non-Federal amounts reserved by the
State for such compliance.
‘‘(4) USE OF CONSUMER PRICE INDEX.—Deter-
minations under paragraph (1) of the extent of in-
flation shall be made through use of the consumer
price index for all urban consumers, U.S. city aver-
age, published by the Bureau of Labor Statistics.
‘‘(c) ASSESSMENT OF NEED FOR SERVICES.—The
condition referred to in subsection (a)(4) for a State for
a fiscal year is that each qualifying child will be permitted
to apply for authorized services, and will be provided with
an opportunity to have an assessment conducted to deter-
mine the need of such child for authorized services.
‘‘SEC. 1643. AUTHORITY OF STATE.
‘‘The following decisions are in the discretion of a
State with respect to compliance with an agreement made
by the State under section 1642(a)(1):
‘‘(1) Decisions regarding which of the author-
ized services are provided.
‘‘(2) Decisions regarding who among qualifying
children in the State receives the services.
‘‘(3) Decisions regarding the number of services
provided for the qualifying child involved and the
duration of the services.
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‘‘SEC. 1644. AUTHORIZED SERVICES.
‘‘(a) AUTHORITY OF COMMISSIONER.—The Commis-
sioner, subject to subsection (b), shall issue regulations
designating the purposes for which grants under section
1641 are authorized to be expended by the States.
‘‘(b) REQUIREMENTS REGARDING SERVICES.—The
Commissioner shall ensure that the purposes authorized
under subsection (a)—
‘‘(1) are designed to meet (or assist in meeting)
the unique needs of qualifying children that arise
from physical and mental impairments;
‘‘(2) include medical and nonmedical services;
and
‘‘(3) do not include the provision of cash bene-
fits.
‘‘SEC. 1645. GENERAL PROVISIONS.
‘‘(a) ISSUANCE
OF
REGULATIONS.—Regulations
under this part shall be issued in accordance with proce-
dures established for the issuance of substantive rules
under section 553 of title 5, United States Code. Pay-
ments under grants under section 1641 for fiscal year
1997 shall begin not later than January 1, 1997, without
regard to whether final rules under this part have been
issued and without regard to whether such rules have
taken effect.
‘‘(b) PROVISIONS REGARDING OTHER PROGRAMS.—
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‘‘(1) INAPPLICABILITY
OF
VALUE
OF
SERV-
ICES.—The value of authorized services provided
under this part shall not be taken into account in
determining eligibility for, or the amount of, benefits
or services under any Federal or federally-assisted
program.
‘‘(2) MEDICAID
PROGRAM.—For purposes of
title XIX, each qualifying child shall be considered
to be a recipient of supplemental security income
benefits under this title (without regard to whether
the child has received authorized services under this
part and without regard to whether the State in-
volved is receiving a grant under section 1641). The
preceding sentence applies on and after the date of
the enactment of this part.
‘‘(c) USE BY STATES OF EXISTING DELIVERY SYS-
TEMS.—With respect to the systems utilized by the States
to deliver services to individuals with disabilities (including
systems utilized before the date of the enactment of the
Personal Responsibility Act of 1995), it is the sense of
the Congress that the States should utilize such systems
in providing authorized services under this part.
‘‘(d) REQUIRED PARTICIPATION OF STATES.—Sub-
paragraphs (C)(i) and (E)(i)(I) of section 205(c)(2) shall
not apply to a State that does not participate in the pro-
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(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If one or more child support orders have been issued in
this or another State with regard to an obligor and a child,
a court shall apply the following rules in determining
which order to recognize for purposes of continuing, exclu-
sive jurisdiction and enforcement:
‘‘(1) If only one court has issued a child sup-
port order, the order of that court must be recog-
nized.
‘‘(2) If two or more courts have issued child
support orders for the same obligor and child, and