I
104TH CONGRESS
1ST SESSION
H. R. 1997
To provide flexibility to States in the administration of the food stamp
program, consolidation of the commodity distribution programs, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 10, 1995
Mr. EMERSON introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To provide flexibility to States in the administration of the
food stamp program, consolidation of the commodity dis-
tribution programs, and for other purposes.
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 Flexibility
and Commodity Distribution Consolidation Act of 1995’’.
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TITLE I—FOOD STAMP PROGRAM
Subtitle A—State Flexibility
SEC. 101. CERTIFICATION PERIOD.
Section 3(c) of the Food Stamp Act of 1977 (7
U.S.C. 2012(c)) is amended by striking ‘‘authorization
cards. Except as provided’’ and all that follows and insert-
ing the following: ‘‘benefits. The certification period shall
not exceed 24 months. A State agency shall have at least
1 contact with each certified household every 12 months.’’.
SEC. 102. STANDARD UTILITY ALLOWANCE.
Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended in the fourteenth sentence by
striking ‘‘and up to one additional time during each
twelve-month period’’.
SEC. 103. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following:
‘‘(i) COOPERATION WITH CHILD SUPPORT AGEN-
CIES.—
‘‘(1) CUSTODIAL PARENT.—
‘‘(A) IN
GENERAL.—At the option of a
State agency, subject to paragraph (3) and sub-
paragraph (B), a natural or adoptive parent or
other individual who is living with and exercis-
ing parental control over a child under the age
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of 18 who has an absent parent shall not be eli-
gible to participate in the food stamp program
if such individual refuses to cooperate with the
State agency administering the program estab-
lished under part D of title IV of the Social Se-
curity Act (42 U.S.C. 651 et seq.)—
‘‘(i) in establishing the paternity of
the child (if the child is born out of wed-
lock); and
‘‘(ii) in obtaining support for—
‘‘(I) the child; or
‘‘(II) the individual and the child.
‘‘(B) 
GOOD
CAUSE
FOR
NONCOOP
ERATION.—Subparagraphs (A) shall not apply
to the individual if good cause is found for re-
fusing to cooperate, as determined by the State
agency in accordance with standards prescribed
by the Secretary in consultation with the Sec-
retary of Health and Human Services. The
standards shall take into consideration cir-
cumstances under which cooperation may be
against the best interests of the child.
‘‘(2) NON-CUSTODIAL PARENT.—
‘‘(A) IN
GENERAL.—At the option of a
State agency, subject to paragraph (3) and sub-
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paragraph (B), a non-custodial parent, includ-
ing a putative non-custodial parent, of a child
under the age of 18 shall not be eligible to par-
ticipate in the food stamp program if such indi-
vidual refuses to cooperate with the State agen-
cy administering the program established under
part D of title IV of the Social Security Act
(42 U.S.C. 651 et seq.)—
‘‘(i) in establishing the paternity of
the child (if the child is born out of wed-
lock); and
‘‘(ii) in providing support for the
child.
‘‘(B) REFUSAL TO COOPERATE.—
‘‘(i) GUIDELINES.—The Secretary, in
consultation with the Secretary of Health
and Human Services, shall develop guide-
lines on what constitutes a refusal to co-
operate under subparagraph (A).
‘‘(ii) PROCEDURES.—The State agen-
cy shall develop procedures, using guide-
lines developed under clause (i), for deter-
mining whether an individual is refusing to
cooperate under subparagraph (A).
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‘‘(3) FEES.—Paragraphs (1) and (2) shall not
require the payment of a fee or other cost for serv-
ices provided under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.).
‘‘(4) PRIVACY.—The State agency shall provide
safeguards to restrict the use of information col-
lected by a State agency administering the program
established under part D of title IV of the Social Se-
curity Act (42 U.S.C. 651 et seq.).’’.
SEC. 104. CHARGING FOR ELECTRONIC BENEFIT TRANSFER
CARD REPLACEMENT.
Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C.
2016(i)) is amended by adding at the end the following:
‘‘(7) CHARGING
FOR
ELECTRONIC
BENEFIT
TRANSFER CARD REPLACEMENT.—
‘‘(A) IN GENERAL.—A State agency may
charge a household for the cost of replacing an
electronic benefit transfer card.
‘‘(B) REDUCING
ALLOTMENT.—A State
agency may collect a charge imposed under sub-
paragraph (A) by reducing the benefit of the
household of which the individual is a mem-
ber.’’.
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SEC. 105. OPTIONAL COMBINED ALLOTMENT.
Section 8(c)(3) of the Food Stamp Act of 1977 (7
U.S.C. 2017(c)(3)) is amended to read as follows:
‘‘(3) OPTIONAL
COMBINED
ALLOTMENT
FOR
EXPEDITED
HOUSEHOLDS.—A State agency may
provide to an eligible household applying after the
15th day of a month, in lieu of the initial allotment
of the household and the regular allotment of the
household for the following month, an allotment that
is the aggregate of the initial allotment and the first
regular allotment, which shall be provided in accord-
ance with section 11(e)(3) in the case of a household
that is not entitled to expedited service or in accord-
ance with paragraphs (3) and (9) of section 11(e) in
the case of a household that is entitled to expedited
service.’’.
SEC. 106. OPERATION OF FOOD STAMP OFFICES.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended—
(1) in subsection (e)—
(A) by amending paragraph (2) to read as
follows:
‘‘(2)(A) that the State agency shall establish
procedures governing the operation of food stamp of-
fices that the State agency determines best serve
households in the State, including households with
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food pantry, a hunger relief center, a soup kitchen,
or a similar public or private nonprofit eligible recip-
ient agency) providing nutrition assistance to relieve
situations of emergency and distress through the
provision of food to needy persons, including low-in-
come and unemployed persons.
‘‘(3) ‘Food bank’ means a public and charitable
institution that maintains an established operation
involving the provision of food or edible commodities,
or the products thereof, to food pantries, soup kitch-
ens, hunger relief centers, or other food or feeding
centers that, as an integral part of their normal ac-
tivities, provide meals or food to feed needy persons
on a regular basis.
‘‘(4) ‘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 Agri-
culture, to relieve situations of emergency and dis-
tress.
‘‘(5) ‘Soup kitchen’ means a public and chari-
table institution that, as integral part of its normal
activities, maintains an established feeding operation
to provide food to needy homeless persons on a regu-
lar basis.’’.