I
105TH CONGRESS
2D SESSION
H. R. 3379
To restore food stamp benefits for aliens.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1998
Mr. GUTIERREZ introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committees on the Judici-
ary, and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To restore food stamp benefits for aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Food Stamp Benefits
for Aliens Restoration Act of 1998’’.
SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR
CERTAIN FEDERAL PROGRAMS.
(a) IN GENERAL.—Section 402(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612(a)) (as amended by section 5301,
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5302(a), 5303(a), and 5304 of the Balanced Budget Act
of 1997 (Public Law 105–33; 111 Stat. 597, 598, 600))
is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking clause (ii);
(ii) by striking ‘‘ASYLEES.—’’ and all
that follows through ‘‘paragraph (3)(A)’’
and inserting ‘‘ASYLEES.—With respect to
the specified Federal program described in
paragraph (3)’’; and
(iii) by redesignating subclauses (I)
through (IV) as clauses (i) through (iv)
and indenting appropriately;
(B) in subparagraph (D)—
(i) by striking clause (ii); and
(ii) in clause (i)—
(I) by striking ‘‘(i) SSI.—’’ and
all that follows through ‘‘paragraph
(3)(A)’’ and inserting the following:
‘‘(i) IN
GENERAL.—With respect to
the specified Federal program described in
paragraph (3)’’;
(II) by redesignating subclauses
(II) through (IV) as clauses (ii)
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through (iv) and indenting appro-
priately;
(III) by striking ‘‘subclause (I)’’
each place it appears and inserting
‘‘clause (i)’’; and
(IV) in clause (iv) (as redesig-
nated by subclause (II)), by striking
‘‘this clause’’ and inserting ‘‘this sub-
paragraph’’; and
(C) in subparagraphs (E) through (H), by
striking ‘‘paragraph (3)(A)’’ each place it ap-
pears and inserting ‘‘paragraph (3)’’; and
(2) in paragraph (3)—
(A) by striking ‘‘means any’’ and all that
follows through ‘‘The supplemental’’ and insert-
ing ‘‘means the supplemental’’; and
(B) by striking subparagraph (B).
(b) CONFORMING AMENDMENTS.—
(1) Section 402(b)(2)(F) of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(b)(2)(F)) (as added by
section 5305(b) of the Balanced Budget Act of 1997
(Public Law 105–33; 111 Stat. 601)) is amended by
striking ‘‘subsection (a)(3)(A)’’ and inserting ‘‘sub-
section (a)(3)’’.
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(2) Section 403(d) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613(d)) (as added by section
5303(c) of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 600)) is amended by strik-
ing ‘‘subsections (a)(3)(A)’’ and inserting ‘‘sub-
sections (a)(3)’’.
SEC. 3. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED
ALIENS FOR FEDERAL MEANS-TESTED PUB-
LIC BENEFIT.
Section 403(c)(2) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(c)(2)) is amended by adding at the end the follow-
ing:
‘‘(L) Assistance or benefits under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq).’’.
SEC. 4. AUTHORITY FOR STATES TO PROVIDE FOR ATTRI-
BUTION OF SPONSORS INCOME AND RE-
SOURCES TO THE ALIEN WITH RESPECT TO
STATE PROGRAMS.
Section 422(b) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1632(b)) is amended by adding at the end the following:
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‘‘(8) Programs comparable to assistance or ben-
efits under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq).’’.
SEC 5. DERIVATIVE ELIGIBILITY FOR BENEFITS.
Section 436 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1646)
(as added by section 5305(a) of the Balanced Budget Act
of 1997 (Public Law 105–33; 111 Stat. 601)) is repealed.
SEC. 6. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
Section 213A of the Immigration and Nationality Act
(8 U.S.C. 1183a) is amended—
(1) in subsection (a)(1)(B), by striking ‘‘as de-
fined in subsection (e) of this section)’’; and
(2) by inserting after subsection (f) the follow-
ing:
‘‘(g) MEANS-TESTED PUBLIC BENEFIT DEFINED.—
In this section, the term ‘means-tested public benefit’ does
not include assistance or benefits provided under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq).’’.
SEC. 7. STATUS OF CUBAN AND HAITIAN ENTRANTS.
Section 6(f) of the Food Stamp Act of 1977 (7
U.S.C. 2015(f)) is amended in the first sentence by insert-
ing before the period at the end the following: ‘‘; or (G)
an alien who is a Cuban and Haitian entrant (as defined
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in section 501(e) of the Refugee Education Assistance Act
of 1980 (Public Law 96–422; 8 U.S.C. 1522 note))’’.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
be effective as if included in the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104–193; 110 Stat. 2105).
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