952
Title IX, Subtitle G
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 chapter 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 chapter in excess of anticipated use, based
on inventory records and controls, or in excess of its ability
to accept and store such commodities.
SEC. 9759. AUTHORIZATION OF APPROPRIATIONS.
(a) PURCHASE OF COMMODITIES.—To carry out this
chapter, 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 chapter.
(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-
sociated with the distribution of commodities by eli-
953
Title IX, Subtitle G
gible recipient agencies under this chapter, excluding
costs associated with the distribution of those com-
modities distributed under section 9760. 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 chapter 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—
954
Title IX, Subtitle G
(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 chapter
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 chapter.
(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
955
Title IX, Subtitle G
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 chapter.
(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.
956
Title IX, Subtitle G
(C) Any funds distributed for administrative
costs under section 9760(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 chapter.
(c) VALUE OF COMMODITIES.—The value of the com-
modities made available under subsections (c) and (d) of
section 9752, and the funds of the 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
authorized by this section.
SEC. 9760. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) From the funds appropriated under section
9759(a), $94,500,000 shall be used for each fiscal year
to purchase and distribute commodities to supplemental
feeding programs serving woman, infants, and children or
elderly individuals (hereinafter in this section referred to
as the ‘‘commodity supplemental food program’’), or serv-
ing 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
957
Title IX, Subtitle G
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.
958
Title IX, Subtitle G
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
959
Title IX, Subtitle G
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 9755 or
priority of distribution under section 9756.
SEC. 9761. COMMODITIES NOT INCOME.
Notwithstanding any other provision of law, commod-
ities distributed under this chapter shall not be considered
income or resources for purposes of determining recipient
eligibility under any Federal, State, or local means-tested
program.
SEC. 
9762. 
PROHIBITION 
AGAINST 
CERTAIN 
STATE
CHARGES.
Whenever a commodity is made available without
charge or credit under this chapter 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
960
Title IX, Subtitle G
any amount the Secretary provides the State for the costs
of storing and transporting such commodities.
SEC. 9763. DEFINITIONS.
As used in this chapter:
(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 hos-
pitals and retirement homes and excluding
penal institutions) to the extent that such insti-
tution serves needy persons;
961
Title IX, Subtitle G
(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
projects that operate 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 chapter.
(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
962
Title IX, Subtitle G
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
Agriculture, to relieve situations of emergency and
distress.
(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 percent 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.
963
Title IX, Subtitle G
(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. 9764. REGULATIONS.
(a) The Secretary shall issue regulations within 120
days to implement this chapter.
(b) In administering this chapter, 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 chapter during the fiscal
year.
(d) The regulations issued by the Secretary under
this section shall include provisions that set standards
964
Title IX, Subtitle G
with respect to liability for commodity losses for the com-
modities distributed under this chapter 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. 9765. FINALITY OF DETERMINATIONS.
Determinations made by the Secretary under this
chapter and the facts constituting the basis for any dona-
tion of commodities under this chapter, 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. 9766. RELATIONSHIP TO OTHER PROGRAMS.
(a) Section 4(b) of the Food Stamp Act of 1977 (7
U.S.C. 2013(b)) shall not apply with respect to the dis-
tribution of commodities under this chapter.
(b) Except as otherwise provided in section 9757,
none of the commodities distributed under this chapter
shall be sold or otherwise disposed of in commercial chan-
nels in any form.
SEC. 9767. SETTLEMENT AND ADJUSTMENT OF CLAIMS.
(a) The Secretary may—
965
Title IX, Subtitle G
(1) determine the amount of, settle, and adjust
any claim arising under this chapter; and
(2) waive such a claim if the Secretary deter-
mines that to do so will serve the purposes of this
chapter.
(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. 9768. REPEALERS; AMENDMENTS.
(a) REPEALER.—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; and
(B) 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.
966
Title IX, Subtitle G
(4) The Food Security Act of 1985 (7 U.S.C.
612c note) is amended—
(A) by striking section 1562(a) and 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
9752 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,’’;
(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.
967
Title IX, Subtitle G
(6) The Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 612c note) is amended
by striking section 1773(f).
CHAPTER 3—OTHER PROGRAMS
SEC. 9781. CHILD AND ADULT CARE FOOD PROGRAM.
(a) PAYMENTS
TO SPONSOR EMPLOYEES.—Para-
graph (2) of the last sentence of section 17(a) of the Na-
tional School Lunch Act (42 U.S.C. 1766(a)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) in the case of a family or group day
care home sponsoring organization that employs
more than 1 employee, the organization does
not base payments to an employee of the orga-
nization on the number of family or group day
care homes recruited, managed, or monitored.’’.
(b) IMPROVED TARGETING OF DAY CARE HOME RE-
IMBURSEMENTS.—
(1) RESTRUCTURED
DAY
CARE
HOME
REIM-
BURSEMENTS.—Section 17(f)(3) of the National
School Lunch Act is amended by striking ‘‘(3)(A)
968
Title IX, Subtitle G
Institutions’’ and all that follows through the end of
subparagraph (A) and inserting the following:
‘‘(3) REIMBURSEMENT OF FAMILY OR GROUP
DAY CARE HOME SPONSORING ORGANIZATIONS.—
‘‘(A) REIMBURSEMENT FACTOR.—
‘‘(i) IN
GENERAL.—An institution
that participates in the program under this
section as a family or group day care home
sponsoring organization shall be provided,
for payment to a home of the organization,
reimbursement factors in accordance with
this subparagraph for the cost of obtaining
and preparing food and prescribed labor
costs involved in providing meals under
this section.
‘‘(ii) TIER I FAMILY OR GROUP DAY
CARE HOMES.—
‘‘(I) DEFINITION.—In this para-
graph, the term ‘tier I family or group
day care home’ means—
‘‘(aa) a family or group day
care home that is located in a ge-
ographic area, as defined by the
Secretary based on census data,
in which at least 50 percent of
969
Title IX, Subtitle G
the children residing in the area
are members of households whose
incomes 
meet 
the 
eligibility
standards for free or reduced
price meals under section 9;
‘‘(bb) a family or group day
care home that is located in an
area served by a school enrolling
elementary students in which at
least 50 percent of the total num-
ber of children enrolled are cer-
tified eligible to receive free or
reduced price school meals under
this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et
seq.); or
‘‘(cc) a family or group day
care home that is operated by a
provider whose household meets
the eligibility standards for free
or reduced price meals under sec-
tion 9 and whose income is veri-
fied by a sponsoring organization
under regulations established by
the Secretary.
970
Title IX, Subtitle G
‘‘(II) REIMBURSEMENT.—Except
as provided in subclause (III), a tier
I family or group day care home shall
be provided reimbursement factors
under this clause without a require-
ment for documentation of the costs
described in clause (i), except that re-
imbursement shall not be provided
under this subclause for meals or sup-
plements served to the children of a
person acting as a family or group
day care home provider unless the
children meet the eligibility standards
for free or reduced price meals under
section 9.
‘‘(III) FACTORS.—Except as pro-
vided in subclause (IV), the reim-
bursement factors applied to a home
referred to in subclause (II) shall be
the factors in effect on the date of en-
actment of this subclause.
‘‘(IV) ADJUSTMENTS.—The re-
imbursement factors under this sub-
paragraph shall be adjusted on Au-
gust 1, 1996, July 1, 1997, and each
971
Title IX, Subtitle G
July 1 thereafter, to reflect changes in
the Consumer Price Index for food at
home for the most recent 12-month
period for which the data are avail-
able. 
The 
reimbursement 
factors
under this subparagraph shall be
rounded to the nearest lower cent in-
crement and based on the unrounded
adjustment for the preceding 12-
month period.
‘‘(iii) TIER II FAMILY OR GROUP DAY
CARE HOMES.—
‘‘(I) IN GENERAL.—
‘‘(aa) FACTORS.—Except as
provided in subclause (II), with
respect to meals or supplements
served under this clause by a
family or group day care home
that does not meet the criteria
set forth in clause (ii)(I), the re-
imbursement factors shall be $1
for lunches and suppers, 40 cents
for breakfasts, and 20 cents for
supplements.
972
Title IX, Subtitle G
‘‘(bb) ADJUSTMENTS.—The
factors shall be adjusted on July
1, 1997, and each July 1 there-
after, to reflect changes in the
Consumer Price Index for food at
home for the most recent 12-
month period for which the data
are available. The reimbursement
factors under this item shall be
rounded down to the nearest
lower cent increment and based
on the unrounded adjustment for
the preceding 12-month period.
‘‘(cc) REIMBURSEMENT.—A
family or group day care home
shall be provided reimbursement
factors under this subclause with-
out a requirement for docu-
mentation of the costs described
in clause (i), except that reim-
bursement shall not be provided
under this subclause for meals or
supplements served to the chil-
dren of a person acting as a fam-
ily or group day care home pro-
973
Title IX, Subtitle G
vider unless the children meet the
eligibility standards for free or
reduced price meals under section
9.
‘‘(II) OTHER FACTORS.—A fam-
ily or group day care home that does
not meet the criteria set forth in
clause (ii)(I) may elect to be provided
reimbursement factors determined in
accordance with the following require-
ments:
‘‘(aa) CHILDREN
ELIGIBLE
FOR
FREE
OR
REDUCED
PRICE
MEALS.—In the case of meals or
supplements served under this
subsection to children who are
members of households whose in-
comes meet the eligibility stand-
ards for free or reduced price
meals under section 9, the family
or group day care home shall be
provided reimbursement factors
set by the Secretary in accord-
ance with clause (ii)(III).
974
Title IX, Subtitle G
‘‘(bb) 
INELIGIBLE
CHIL-
DREN.—In the case of meals or
supplements served under this
subsection to children who are
members of households whose in-
comes do not meet the eligibility
standards, the family or group
day care home shall be provided
reimbursement factors in accord-
ance with subclause (I).
‘‘(III) INFORMATION
AND
DE-
TERMINATIONS.—
‘‘(aa) IN
GENERAL.—If a
family or group day care home
elects to claim the factors de-
scribed in subclause (II), the
family or group day care home
sponsoring organization serving
the home shall collect the nec-
essary income information, as de-
termined by the Secretary, from
any parent or other caretaker to
make the determinations speci-
fied in subclause (II) and shall
make the determinations in ac-
975
Title IX, Subtitle G
cordance with rules prescribed by
the Secretary.
‘‘(bb) CATEGORICAL
ELIGI-
BILITY.—In making a determina-
tion under item (aa), a family or
group day care home sponsoring
organization may consider a child
participating in or subsidized
under, or a child with a parent
participating in or subsidized
under, a federally or State sup-
ported child care or other benefit
program with an income eligi-
bility limit that does not exceed
the eligibility standard for free or
reduced price meals under section
9 to be a child who is a member
of a household whose income
meets the eligibility standards
under section 9.
‘‘(cc) FACTORS
FOR
CHIL-
DREN ONLY.—A family or group
day care home may elect to re-
ceive the reimbursement factors
prescribed under clause (ii)(III)
976
Title IX, Subtitle G
solely for the children participat-
ing in a program referred to in
item (bb) if the home elects not
to have income statements col-
lected from parents or other care-
takers.
‘‘(IV) SIMPLIFIED MEAL COUNT-
ING AND REPORTING PROCEDURES.—
The Secretary shall prescribe sim-
plified meal counting and reporting
procedures for use by a family or
group day care home that elects to
claim the factors under subclause (II)
and by a family or group day care
home sponsoring organization that
serves the home. The procedures the
Secretary prescribes may include 1 or
more of the following:
‘‘(aa) Setting an annual per-
centage for each home of the
number of meals served that are
to be reimbursed in accordance
with the reimbursement factors
prescribed under clause (ii)(III)
and an annual percentage of the
977
Title IX, Subtitle G
number of meals served that are
to be reimbursed in accordance
with the reimbursement factors
prescribed under subclause (I),
based on the family income of
children enrolled in the home in a
specified month or other period.
‘‘(bb) Placing a home into 1
of 2 or more reimbursement cat-
egories annually based on the
percentage of children in the
home whose households have in-
comes that meet the eligibility
standards under section 9, with
each such reimbursement cat-
egory carrying a set of reim-
bursement factors such as the
factors prescribed under clause
(ii)(III) or subclause (I) or fac-
tors established within the range
of factors prescribed under clause
(ii)(III) and subclause (I).
‘‘(cc) Such other simplified
procedures as the Secretary may
prescribe.
978
Title IX, Subtitle G
‘‘(V) 
MINIMUM
VERIFICATION
REQUIREMENTS.—The Secretary may
establish any necessary minimum ver-
ification requirements.’’.
(2) SPONSOR PAYMENTS.—Section 17(f)(3)(B)
of the National School Lunch Act is amended—
(A) by striking the period at the end of the
second sentence and all that follows through the
end of the subparagraph and inserting the fol-
lowing:‘‘, except that the adjustment that other-
wise would occur on July 1, 1996, shall be
made on August 1, 1996. The maximum allow-
able levels for administrative expense payments
shall be rounded to the nearest lower dollar in-
crement and based on the unrounded adjust-
ment for the preceding 12-month period.’’;
(B) by striking ‘‘(B)’’ and inserting
‘‘(B)(i)’’; and
(C) by adding at the end the following new
clause:
‘‘(ii) The maximum allowable level of administrative
expense payments shall be adjusted by the Secretary—
‘‘(I) to increase by 7.5 percent the monthly pay-
ment to family or group day care home sponsoring
organizations both for tier I family or group day
979
Title IX, Subtitle G
care homes and for those tier II family or group day
care homes for which the sponsoring organization
administers a means test as provided under subpara-
graph (A)(iii); and
‘‘(II) to decrease by 7.5 percent the monthly
payment to family or group day care home sponsor-
ing organizations for family or group day care
homes that do not meet the criteria for tier I homes
and for which a means test is not administered.’’.
(3) GRANTS TO STATES TO PROVIDE ASSIST-
ANCE TO FAMILY OR GROUP DAY CARE HOMES.—
Section 17(f)(3) of the Act is amended by adding at
the end the following:
‘‘(D) GRANTS TO STATES TO PROVIDE AS-
SISTANCE
TO
FAMILY
OR
GROUP
DAY
CARE
HOMES.—
‘‘(i) IN GENERAL.—
‘‘(I) 
RESERVATION.—From
amounts made available to carry out
this section, the Secretary shall re-
serve $5,000,000 of the amount made
available for fiscal year 1996.
‘‘(II) PURPOSE.—The Secretary
shall use the funds made available
under subclause (I) to provide grants
980
Title IX, Subtitle G
to States for the purpose of provid-
ing—
‘‘(aa) assistance, including
grants, to family and day care
home sponsoring organizations
and other appropriate organiza-
tions, in securing and providing
training, materials, automated
data processing assistance, and
other assistance for the staff of
the sponsoring organizations; and
‘‘(bb) training and other as-
sistance to family and group day
care homes in the implementation
of the amendments to subpara-
graph 
(A) 
made 
by 
section
574(b)(1) of the Family Self-Suf-
ficiency Act of 1995.
‘‘(ii) 
ALLOCATION.—The 
Secretary
shall allocate from the funds reserved
under clause (i)(II)—
‘‘(I) $30,000 in base funding to
each State; and
‘‘(II) 
any 
remaining 
amount
among the States, based on the num-
981
Title IX, Subtitle G
ber of family day care homes partici-
pating in the program in a State in
1994 as a percentage of the number
of all family day care homes partici-
pating in the program in 1994.
‘‘(iii) RETENTION OF FUNDS.—Of the
amount of funds made available to a State
for a fiscal year under clause (i), the State
may retain not to exceed 30 percent of the
amount to carry out this subparagraph.
‘‘(iv) ADDITIONAL
PAYMENTS.—Any
payments received under this subpara-
graph shall be in addition to payments
that a State receives under subparagraph
(A) (as amended by section 134(b)(1) of
the Family Self-Sufficiency Act of 1995).’’.
(4) PROVISION OF DATA.—Section 17(f)(3) of
the National School Lunch Act (as amended by
paragraph (3)) is further amended by adding at the
end the following:
‘‘(E) PROVISION OF DATA TO FAMILY OR
GROUP DAY CARE HOME SPONSORING ORGANI-
ZATIONS.—
‘‘(i) CENSUS
DATA.—The Secretary
shall provide to each State agency admin-
982
Title IX, Subtitle G
istering a child and adult care food pro-
gram under this section data from the
most recent decennial census survey or
other appropriate census survey for which
the data are available showing which areas
in the State meet the requirements of sub-
paragraph (A)(ii)(I)(aa). The State agency
shall provide the data to family or group
day care home sponsoring organizations lo-
cated in the State.
‘‘(ii) SCHOOL DATA.—
‘‘(I) 
IN
GENERAL.—A 
State
agency administering the program
under this section shall annually pro-
vide to a family or group day care
home sponsoring organizations that
request the data, a list of schools
serving elementary school children in
the State in which at least 50 percent
of the children enrolled are certified to
receive free or reduced price meals.
State 
agencies 
administering 
the
school lunch program under this Act
or the school breakfast program under
the Child Nutrition Act of 1966 (42
983
Title IX, Subtitle G
U.S.C. 1771 et seq.) shall collect such
data annually and provide such data
on a timely basis to the State agency
administering the program under this
section.
‘‘(II) USE OF DATA FROM PRE-
CEDING SCHOOL YEAR.—In determin-
ing for a fiscal year or other annual
period whether a home qualifies as a
tier I family or group day care home
under subparagraph (A)(ii)(I), the
State agency administering the pro-
gram under this section, and a family
or group day care home sponsoring
organization, shall use the most cur-
rent available data at the time of the
determination.
‘‘(iii) 
DURATION
OF
DETERMINA-
TION.—For purposes of this section, a de-
termination that a family or group day
care home is located in an area that quali-
fies the home as a tier I family or group
day care home (as the term is defined in
subparagraph (A)(ii)(I)), shall be in effect
for 3 years (unless the determination is
984
Title IX, Subtitle G
made on the basis of census data, in which
case the determination shall remain in ef-
fect until more recent census data are
available) unless the State agency deter-
mines that the area in which the home is
located no longer qualifies the home as a
tier I family or group day care home.’’.
(5) CONFORMING AMENDMENTS.—Section 17(c)
of the National School Lunch Act is amended by in-
serting ‘‘except as provided in subsection (f)(3),’’
after ‘‘For purposes of this section,’’ each place it
appears in paragraphs (1), (2), and (3).
(c) DISALLOWING MEAL CLAIMS.—The fourth sen-
tence of section 17(f)(4) of the National School Lunch Act
is amended by inserting ‘‘(including institutions that are
not family or group day care home sponsoring organiza-
tions)’’ after ‘‘institutions’’.
(d) ELIMINATION OF STATE PAPERWORK AND OUT-
REACH BURDEN.—Section 17 of the National School
Lunch Act is amended by striking subsection (k) and in-
serting the following:
‘‘(k) TRAINING
AND TECHNICAL ASSISTANCE.—A
State participating in the program established under this
section shall provide sufficient training, technical assist-
ance, and monitoring to facilitate effective operation of the
985
Title IX, Subtitle G
program. The Secretary shall assist the State in develop-
ing plans to fulfill the requirements of this subsection.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall become effective on the date of enactment of
this Act.
(2) IMPROVED TARGETING OF DAY CARE HOME
REIMBURSEMENTS.—The 
amendments 
made 
by
paragraphs (1), (3), and (4) of subsection (b) shall
become effective on August 1, 1996.
(3) IMPLEMENTATION.—The Secretary of Agri-
culture shall issue regulations to implement the
amendments made by paragraphs (1), (2), (3), and
(4) of subsection (b) and the provisions of section
17(f)(3)(C) of the National School Lunch Act (42
U.S.C. 1766(f)(3)(C)) not later than February 1,
1996. If such regulations are issued in interim form,
final regulations shall be issued not later than Au-
gust 1, 1996.
SEC. 9782. RESUMPTION OF DISCRETIONARY FUNDING FOR
NUTRITION EDUCATION AND TRAINING PRO-
GRAM.
Section 19(i)(2)(A) of the Child Nutrition Act of
1966 (42 U.S.C. 1788(i)(2)(A)) is amended—
986
Title IX, Subtitle H
(1) by striking ‘‘Out of’’ and all that follows
through ‘‘and $10,000,000’’ and inserting ‘‘To carry
out the provisions of this section, there is hereby au-
thorized 
to 
be 
appropriated 
not 
to 
exceed
$10,000,000’’; and
(2) by striking the last sentence.
Subtitle H—Treatment of Aliens
SEC. 9801. EXTENSION OF DEEMING OF INCOME AND RE-
SOURCES UNDER TEA, SSI, AND FOOD STAMP
PROGRAMS.
(a) IN GENERAL.—Except as provided in subsections
(b) and (c), in applying sections 407 and 1621 of the So-
cial Security Act and section 5(i) of the Food Stamp Act
of 1977, the period in which each respective section other-
wise applies with respect to an alien shall be extended
through the date (if any) on which the alien becomes a
citizen of the United States (under chapter 2 of title III
of the Immigration and Nationality Act).
(b) EXCEPTION.—Subsection (a) shall not apply to
an alien if—
(1) the alien has been lawfully admitted to the
United States for permanent residence, has attained
75 years of age, and has resided in the United
States for at least 5 years;
(2) the alien—
987
Title IX, Subtitle H
(A) is a veteran (as defined in section 101
of title 38, United States Code) with a dis-
charge characterized as an honorable discharge,
(B) is on active duty (other than active
duty for training) in the Armed Forces of the
United States, or
(C) is the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B);
(3) the alien is the subject of domestic violence
by the alien’s spouse and a divorce between the alien
and the alien’s spouse has been initiated through the
filing of an appropriate action in an appropriate
court; or
(4) there has been paid with respect to the self-
employment income or employment of the alien, or
of a parent or spouse of the alien, taxes under chap-
ter 2 or chapter 21 of the Internal Revenue Code
of 1986 in each of 20 different calendar quarters.
(c) HOLD HARMLESS FOR MEDICAID ELIGIBILITY.—
Subsection (a) shall not apply with respect to determina-
tions of eligibility for benefits under a State plan approved
under part A of title IV of the Social Security Act or under
the supplemental income security program under title XVI
of such Act but only insofar as such determinations pro-
988
Title IX, Subtitle H
vide for eligibility for medical assistance under title XIX
of such Act.
(d) RULES REGARDING INCOME
AND RESOURCE
DEEMING UNDER TEA PROGRAM.—Subpart 1 of part A
of title IV of the Social Security Act, as added by section
9101(a) of this Act, is amended by adding at the end the
following:
‘‘SEC. 407. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES TO ALIEN.
‘‘(a) For purposes of determining eligibility for and
the amount of assistance under a State plan approved
under this part for an individual who is an alien lawfully
admitted for permanent residence or otherwise perma-
nently residing in the United States under color of law
(including any alien who is lawfully present in the United
States as a result of the application of the provisions of
section 207(c) of the Immigration and Nationality Act (or
of section 203(a)(7) of such Act prior to April 1, 1980),
or as a result of the application of the provisions of section
208 or 212(d)(5) of such Act), the income and resources
of any person who (as a sponsor of such individual’s entry
into the United States) executed an affidavit of support
or similar agreement with respect to such individual, and
the income and resources of the sponsor’s spouse, shall
be deemed to be the unearned income and resources of
989
Title IX, Subtitle H
such individual (in accordance with subsections (b) and
(c)) for a period of three years after the individual’s entry
into the United States, except that this section is not ap-
plicable if such individual is a dependent child and such
sponsor (or such sponsor’s spouse) is the parent of such
child.
‘‘(b)(1) The amount of income of a sponsor (and his
spouse) which shall be deemed to be the unearned income
of an alien for any month shall be determined as follows:
‘‘(A) the total amount of earned and unearned
income of such sponsor and such sponsor’s spouse
(if such spouse is living with the sponsor) shall be
determined for such month;
‘‘(B) the amount determined under subpara-
graph (A) shall be reduced by an amount equal to
the sum of—
‘‘(i) the lesser of (I) 20 percent of the total
of any amounts received by the sponsor and his
spouse in such month as wages or salary or as
net earnings from self-employment, plus the full
amount of any costs incurred by them in pro-
ducing self-employment income in such month,
or (II) $175;
‘‘(ii) the cash needs standard established
by the State under its plan for a family of the
990
Title IX, Subtitle H
same size and composition as the sponsor and
those other individuals living in the same house-
hold as the sponsor who are claimed by him as
dependents for purposes of determining his
Federal personal income tax liability but whose
needs are not taken into account in making a
determination under section 402(d);
‘‘(iii) any amounts paid by the sponsor (or
his spouse) to individuals not living in such
household who are claimed by him as depend-
ents for purposes of determining his Federal
personal income tax liability; and
‘‘(iv) any payments of alimony or child
support with respect to individuals not living in
such household.
‘‘(2) The amount of resources of a sponsor (and his
spouse) which shall be deemed to be the resources of an
alien for any month shall be determined as follows:
‘‘(A) the total amount of the resources (deter-
mined as if the sponsor were applying for assistance
under the State plan approved under this part) of
such sponsor and such sponsor’s spouse (if such
spouse is living with the sponsor) shall be deter-
mined; and
991
Title IX, Subtitle H
‘‘(B) the amount determined under subpara-
graph (A) shall be reduced by $1,500.
‘‘(c)(1) Any individual who is an alien and whose
sponsor was a public or private agency shall be ineligible
for assistance under a State plan approved under this part
during the period of three years after his or her entry into
the United States, unless the State agency administering
such plan determines that such sponsor either no longer
exists or has become unable to meet such individual’s
needs; and such determination shall be made by the State
agency based upon such criteria as it may specify in the
State plan, and upon such documentary evidence as it may
therein require. Any such individual, and any other indi-
vidual who is an alien (as a condition of his or her eligi-
bility for assistance under a State plan approved under
this part during the period of three years after his or her
entry into the United States), shall be required to provide
to the State agency administering such plan such informa-
tion and documentation with respect to his sponsor as may
be necessary in order for the State agency to make any
determination required under this section, and to obtain
any cooperation from such sponsor necessary for any such
determination. Such alien shall also be required to provide
to the State agency such information and documentation
992
Title IX, Subtitle H
as it may request and which such alien or his sponsor pro-
vided in support of such alien’s immigration application.
‘‘(2) The Secretary shall enter into agreements with
the Secretary of State and the Attorney General whereby
any information available to them and required in order
to make any determination under this section will be pro-
vided by them to the Secretary (who may, in turn, make
such information available, upon request, to a concerned
State agency), and whereby the Secretary of State and
Attorney General will inform any sponsor of an alien, at
the time such sponsor executes an affidavit of support or
similar agreement, of the requirements imposed by this
section.
‘‘(d) Any sponsor of an alien, and such alien, shall
be jointly and severally liable for an amount equal to any
overpayment of assistance under the State plan made to
such alien during the period of three years after such
alien’s entry into the United States, on account of such
sponsor’s failure to provide correct information under the
provisions of this section, except where such sponsor was
without fault, or where good cause of such failure existed.
Any such overpayment which is not repaid to the State
or recovered in accordance with the procedures generally
applicable under the State plan to the recoupment of over-
payments shall be withheld from any subsequent payment
993
Title IX, Subtitle H
to which such alien or such sponsor is entitled under any
provision of this Act.
‘‘(e)(1) In any case where a person is the sponsor
of two or more alien individuals who are living in the same
home, the income and resources of such sponsor (and his
spouse), to the extent they would be deemed the income
and resources of any one of such individuals under the
preceding provisions of this section, shall be divided into
two or more equal shares (the number of shares being the
same as the number of such alien individuals) and the in-
come and resources of each such individual shall be
deemed to include one such share.
‘‘(2) Income and resources of a sponsor (and his
spouse) which are deemed under this section to be the in-
come and resources of any alien individual in a family
shall not be considered in determining the need of other
family members except to the extent such income or re-
sources are actually available to such other members.
‘‘(f) The provisions of this section shall not apply
with respect to any alien who is—
‘‘(1) admitted to the United States as a result
of the application, prior to April 1, 1980, of the pro-
visions of section 203(a)(7) of the Immigration and
Nationality Act;
994
Title IX, Subtitle H
‘‘(2) admitted to the United States as a result
of the application, after March 31, 1980, of the pro-
visions of section 207(c) of such Act;
‘‘(3) paroled into the United States as a refugee
under section 212(d)(5) of such Act;
‘‘(4) granted political asylum by the Attorney
General under section 208 of such Act; or
‘‘(5) a Cuban and Haitian entrant, as defined
in section 501(e) of the Refugee Education Assist-
ance Act of 1980 (Public Law 96–422).’.
SEC. 9802. REQUIREMENTS FOR SPONSOR’S AFFIDAVITS 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.—
‘‘(1) IN
GENERAL.—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 under section 212(a)(4) unless such affida-
vit is executed as a contract—
‘‘(A) which is legally enforceable against
the sponsor by the Federal Government, by a
State, or by any political subdivision of a State,
providing cash benefits under a public cash as-
995
Title IX, Subtitle H
sistance program (as defined in subsection
(f)(2)), but not later than 5 years after the date
the alien last receives any such cash benefit;
and
‘‘(B) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State court
for the purpose of actions brought under sub-
section (e)(2).
‘‘(2) EXPIRATION
OF
LIABILITY.—Such con-
tract shall only apply with respect to cash benefits
described in paragraph (1)(A) provided to an alien
before the earliest of the following:
‘‘(A) CITIZENSHIP.—The date the alien be-
comes a citizen of the United States under
chapter 2 of title III.
‘‘(B) VETERAN.—The first date the alien
is described in section 9801(b)(2)(A) of the
Omnibus Budget Reconciliation Act of 1995.
‘‘(C) PAYMENT
OF
SOCIAL
SECURITY
TAXES.—The first date as of which the condi-
tion described in section 9801(b)(4) of the Om-
nibus Budget Reconciliation Act of 1995 is met
with respect to the alien.
‘‘(3) NONAPPLICATION DURING CERTAIN PERI-
ODS.—Such contract also shall not apply with re-
996
Title IX, Subtitle H
spect to cash benefits described in paragraph (1)(A)
provided during any period in which the alien is de-
scribed in section 9801(b)(2)(B) or 9801(b)(2)(C) of
the Omnibus Budget Reconciliation Act of 1995.
‘‘(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) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) REQUIREMENT.—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)(A).
‘‘(2) ENFORCEMENT.—Any person subject to
the requirement of paragraph (1) who fails to satisfy
such requirement shall be subject to a civil penalty
of—
‘‘(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 bene-
fit under any means-tested public benefits pro-
997
Title IX, Subtitle H
gram, not less than $2,000 or more than
$5,000.
‘‘(d) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—
‘‘(1) REQUEST FOR REIMBURSEMENT.—
‘‘(A) IN GENERAL.—Upon notification that
a sponsored alien has received any cash benefits
described in subsection (a)(1)(A), the appro-
priate Federal, State, or local official shall re-
quest reimbursement by the sponsor in the
amount of such cash benefits.
‘‘(B) REGULATIONS.—The Attorney Gen-
eral, in consultation with the Secretary of
Health and Human Services, shall prescribe
such regulations as may be necessary to carry
out subparagraph (A).
‘‘(2) INITIATION OF ACTION.—If within 45 days
after requesting reimbursement, the appropriate
Federal, State, or local agency has not received a re-
sponse from the sponsor indicating a willingness to
commence payments, an action may be brought
against the sponsor pursuant to the affidavit of sup-
port.
‘‘(3) FAILURE
TO
ABIDE
BY
REPAYMENT
TERMS.—If the sponsor fails to abide by the repay-
998
Title IX, Subtitle H
ment terms established by such agency, the agency
may, within 60 days of such failure, bring an action
against the sponsor pursuant to the affidavit of sup-
port.
‘‘(4) LIMITATION
ON
ACTIONS.—No cause of
action may be brought under this subsection later
than 5 years after the date the alien last received
any cash benefit described in subsection (a)(1)(A).
‘‘(f) DEFINITIONS.—For the purposes of this section:
‘‘(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) PUBLIC
CASH
ASSISTANCE
PROGRAM.—
The term ‘public cash assistance program’ means a
program of the Federal Government or of a State or
political subdivision of a State that provides direct
cash assistance for the purpose of income mainte-
nance and in which the eligibility of an individual,
household, or family eligibility unit for cash benefits
under the program, or the amount of such cash ben-
efits, or both are determined on the basis of income,
999
Title IX, Subtitle H
resources, or financial need of the individual, house-
hold, or unit. Such term does not include any pro-
gram insofar as it provides medical, housing, edu-
cation, job training, food, or in-kind assistance or
social services.’’.
(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 213A.
SEC. 9803. EXTENDING REQUIREMENT FOR AFFIDAVITS OF
SUPPORT TO FAMILY-RELATED AND DIVER-
SITY IMMIGRANTS.
(a) IN GENERAL.—Section 212(a)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(4)) is
amended to read as follows:
‘‘(4) PUBLIC CHARGE AND AFFIDAVITS OF SUP-
PORT.—
1000
Title IX, Subtitle H
‘‘(A) PUBLIC CHARGE.—Any alien who, in
the opinion of the consular officer at the time
of application for a visa, or in the opinion of
the Attorney General at the time of application
for admission or adjustment of status, is likely
at any time to become a public charge is exclud-
able.
‘‘(B) AFFIDAVITS OF SUPPORT.—Any im-
migrant who seeks admission or adjustment of
status as any of the following is excludable un-
less there has been executed with respect to the
immigrant an affidavit of support pursuant to
section 213A:
‘‘(i) As an immediate relative (under
section 201(b)(2)).
‘‘(ii) As a family-sponsored immigrant
under section 203(a) (or as the spouse or
child under section 203(d) of such an im-
migrant).
‘‘(iii) As the spouse or child (under
section 203(d)) of an employment-based
immigrant under section 203(b).
‘‘(iv) As a diversity immigrant under
section 203(c) (or as the spouse or child