| HR 2142 IH
107th CONGRESS
1st Session
H. R. 2142
To amend the Food
Stamp Act of 1977 to improve nutrition assistance for working families
and the elderly, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 12, 2001
Mr. WALSH (for himself, Mrs.
CLAYTON, Mr. DIAZ-BALART, Mr. HALL of Texas, Mrs. JOHNSON of Connecticut,
Ms. KAPTUR, Mr. LEACH, Ms. LEE, Mrs. KELLY, Mr. LEVIN, Mrs. MORELLA, Mr.
TOWNS, Mr. QUINN, Mr. HINCHEY, Mr. FOLEY, Mr. COYNE, and Ms. DELAURO) introduced
the following bill; which was referred to the Committee on Agriculture,
and in addition to the Committee on the Judiciary, 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 amend the Food
Stamp Act of 1977 to improve nutrition assistance for working families
and the elderly, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Nutrition Assistance for Working Families and Seniors Act of 2001'.
SEC. 2. RESTORATION OF FOOD
STAMP BENEFITS FOR LEGAL IMMIGRANTS.
(a) LIMITED ELIGIBILITY
OF QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAMS-
(1) IN GENERAL- Section
402(a) of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)) is amended--
(i) in subparagraph (A),
by striking `Federal programs' and inserting `Federal program';
(ii) in subparagraph (D)--
(I) by striking clause (ii);
and
(aa) 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)';
(bb) by redesignating
subclauses (II) through (IV) as clauses (ii) through (iv) and indenting
appropriately;
(cc) by striking
`subclause (I)' each place it appears and inserting `clause (i)'; and
(dd) in clause (iv)
(as redesignated by item (bb)), by striking `this clause' and inserting
`this subparagraph';
(iii) in subparagraph (E),
by striking `paragraph (3)(A) (relating to the supplemental security income
program)' and inserting `paragraph (3)';
(iv) in subparagraph (F);
(I) by striking `Federal
programs' and inserting `Federal program';
(aa) by striking `(I)
in the case of the specified Federal program described in paragraph (3)(A),';
and
(bb) by striking
`; and' and inserting a period; and
(III) by striking subclause
(II);
(v) in subparagraph (G),
by striking `Federal programs' and inserting `Federal program';
(vi) in subparagraph (H),
by striking `paragraph (3)(A) (relating to the supplemental security income
program)' and inserting `paragraph (3)'; and
(vii) by striking subparagraphs
(I), (J), and (K); and
(i) by striking `means any'
and all that follows through `The supplemental' and inserting `means the
supplemental'; and
(ii) by striking subparagraph
(B).
(2) CONFORMING AMENDMENT-
Section 402(b)(2)(F) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by striking
`subsection (a)(3)(A)' and inserting `subsection (a)(3)'.
(b) FIVE-YEAR LIMITED ELIGIBILITY
OF QUALIFIED ALIENS FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT- Section 403
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613) is amended--
(1) in subsection (c)(2),
by adding at the end the following:
`(L) Assistance or benefits
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).'; and
(A) by striking `not apply'
and all that follows through `(1) an individual' and inserting `not apply
to an individual'; and
(B) by striking `; or' and
all that follows through `402(a)(3)(B)'.
(c) AUTHORITY FOR STATES
TO PROVIDE FOR ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES 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:
`(8) Programs comparable
to assistance or benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.).'.
(d) REQUIREMENTS FOR SPONSOR'S
AFFIDAVIT OF SUPPORT- Section 423(d) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note; Public
Law 104-193) is amended by adding at the end the following:
`(12) Benefits under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), if a sponsor is unable
to make the reimbursement because the sponsor experiences hardship (including
bankruptcy, disability, and indigence) or if the sponsor experiences severe
circumstances beyond the control of the sponsor, as determined by the Secretary
of Agriculture.'.
(e) DERIVATIVE ELIGIBILITY
FOR BENEFITS- Section 436 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1646) is repealed.
(f) EFFECTIVE DATE; APPLICATION
OF AMENDMENTS-
(1) EFFECTIVE DATE--Except
as provided in paragraph (2), this section and the amendments made by this
section shall take effect on April 1, 2002.
(2) APPLICATION OF AMENDMENTS
TO CURRENT CERTIFICATION PERIODS- The amendments made by subsections (a)
through (d) shall--
(A) not apply to certification
periods that begin before April 1, 2002, and end before or on October 1,
2002, unless the State agency (as defined in section 3 of the Food Stamp
Act of 1977 (7 U.S.C. 2012)) involved elects to make such amendments applicable
before the respective ends of such periods, but not before April 1, 2002;
and
(B) apply on October 1,
2002, to certification periods that begin before April 1, 2002, and end
after October 1, 2002, unless the State agency involved elects to make
such amendments applicable to such periods on a date before October 1,
2002, but not before April 1, 2002.
SEC. 3. PREVENTION OF HUNGER
AMONG FAMILIES WITH CHILDREN.
(a) STANDARD DEDUCTION-
Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended
by striking paragraph (1) and inserting the following:
`(A) IN GENERAL- Subject
to subparagraph (B), the Secretary shall allow a standard deduction for
each household in the 48 contiguous States and the District of Columbia,
Alaska, Hawaii, Guam, and the Virgin Islands of the United States equal
to the applicable percentage established under subparagraph (C) of the
income standard of eligibility under subsection (c)(1).
`(B) LIMITATIONS- The standard
deduction for each household in the 48 contiguous States and the District
of Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of the United
States under subparagraph (A) shall not be--
`(i) less than $134, $229,
$189, $269, and $118, respectively; or
`(ii) more than the applicable
percentage specified in subparagraph (C) of the income standard of eligibility
established under section (c)(1) for a household of 6 members.
`(C) APPLICABLE PERCENTAGE-
The applicable percentage referred to in subparagraphs (A) and (B) shall
be--
`(i) for fiscal year 2002,
8 percent;
`(ii) for fiscal year 2003,
8.5 percent;
`(iii) for fiscal year 2004,
9 percent;
`(iv) for fiscal year 2005,
9.5 percent; and
`(v) for each subsequent
fiscal year, 10 percent.'.
(b) EFFECTIVE DATE- The
amendments made by this section shall take effect on--
(2) October 1, 2002, if
the State agency (as defined in section 3 of the Food Stamp Act of 1977
(7 U.S.C. 2012)) involved elects to make such amendment effective on such
later date.
SEC. 4. ENCOURAGEMENT OF COLLECTION
OF CHILD SUPPORT.
(a) IN GENERAL- Section
5(e)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(2)) is amended--
(1) by inserting `AND CHILD
SUPPORT' after `INCOME';
(2) in subparagraph (A)
by--
(A) striking `DEFINITION
OF' and all that follows through `not include' and inserting `LIMITATION
ON DEDUCTION- The deduction in this paragraph shall not apply to';
(B) striking `or' at the
end of clause (i);
(C) striking the period
at the end of clause (ii) and inserting `; or'; and
(D) adding at the end the
following:
`(iii) child support received
to the extent of any reduction in public assistance to the household as
a result of receiving such support.'; and
(3) in subparagraph (B)--
(A) by striking `with earned
income'; and
(B) by striking `of all'
and all that follows through the period at the end, and inserting the following:
`(i) all earned income;
and
`(ii) child support received
from an identified or putative parent of a child in the household if that
parent is not a household member.'.
(b) EFFECTIVE DATE- The
amendments made by this section shall take effect on--
(2) October 1, 2002, if
the State agency (as defined in section 3 of the Food Stamp Act of 1977
(7 U.S.C. 2012)) involved elects to make such amendment effective on such
later date.
SEC. 5. MINIMUM FOOD STAMP ALLOTMENT.
Section 8(a) of the Food
Stamp Act of 1977 (7 U.S.C. 2017(a)) is amended by striking `shall be $10
per month.' and inserting `shall be--
`(1) for each of fiscal
years 2002 and 2003, $15 per month;
`(2) for each of fiscal
years 2004 and 2005, $20 per month;
`(3) for fiscal year 2006,
$25 per month;
`(4) for fiscal year 2007
and each subsequent fiscal year, the minimum allotment under paragraph
(3), adjusted on each October 1 to reflect the percentage change in the
cost of the thrifty food plan (as adjusted under section 3(o) without regard
to paragraphs (1) through (4) of such section) during the period beginning
on June 30, 2005, and ending on the most recent June 30 preceding such
fiscal year, rounded to the nearest lower dollar increment.'.
SEC. 6. TRANSITIONAL BENEFITS
OPTION.
(a) IN GENERAL- Section
11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at
the end the following:
`(s) TRANSITIONAL BENEFITS
OPTION-
`(1) IN GENERAL- A State
may provide transitional food stamp benefits to a household that is no
longer eligible to receive cash assistance under a State program funded
under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
`(2) TRANSITIONAL BENEFITS
PERIOD- Under paragraph (1), a household may continue to receive food stamp
benefits for a period of not more than 6 months after the date on which
cash assistance is terminated.
`(3) AMOUNT- During the
transitional benefits period under paragraph (2), a household shall receive
an amount equal to the allotment received in the month immediately preceding
the date on which cash assistance is terminated, adjusted for--
`(A) the change in household
income as a result of the termination of cash assistance; and
`(B) any changes in circumstances
that may result in an increase in the food stamp allotment of the household
and that the household elects to report (as verified in accordance with
standards established by the Secretary).
`(4) DETERMINATION OF FUTURE
ELIGIBILITY- In the final month of the transitional benefits period under
paragraph (2), the State agency may--
`(A) require a household
to cooperate in a redetermination of eligibility to receive uninterrupted
benefits after the transitional benefits period; and
`(B) renew eligibility for
a new certification period for the household without regard to whether
the previous certification period has expired.
`(5) LIMITATION- A household
sanctioned under section 6 shall not be eligible for transitional benefits
under this subsection.'.
(b) CONFORMING AMENDMENTS-
(1) Section 3 of the Food
Stamp Act of 1977 (7 U.S.C. 2012) is amended by striking subsection (c)
and inserting the following:
`(c) CERTIFICATION PERIOD-
`(1) IN GENERAL- `Certification
period' means the period for which households shall be eligible to receive
benefits under this Act.
`(A) IN GENERAL- A certification
period shall not exceed 12 months, except that--
`(i) a certification period
may be up to 24 months if all adult household members are elderly or disabled;
and
`(ii) a certification period
may be extended during the transitional benefits period under section 11(s).
`(B) EXTENSION- The certification
period may be extended to the end of a transitional benefits period established
by a State under section 11(s).
`(3) CONTACT- A State agency
shall have at least 1 contact with each certified household--
`(A) at least once every
12 months; or
`(B) in a case in which
the household is in a transitional benefits period under section 11(s),
within the 6-month period beginning on the date on which cash assistance
is terminated.'.
(2) Section 6(c) of the
Food Stamp Act of 1977 (7 U.S.C. 2015(c)) is amended by striking `No household'
and inserting `Except in a case in which a household is receiving transitional
benefits during the transitional benefits period under section 11(s), no
household'.
SEC. 7. FOOD STAMP INFORMATION.
(a) TRAINING MATERIALS;
NUTRITION INFORMATION- Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) (as amended by section 6) is amended by adding at the end the following:
`(t) RESOURCES FOR STATE
AGENCY EMPLOYEES- Of funds made available under the 1st sentence of section
18(a) for fiscal years 2002 through 2006, $1,000,000 in the aggregate shall
be expended by the Secretary--
`(1) to develop, in partnership
with State agencies, training materials, guidebooks, and other resources
for use by employees of State agencies that focus on issues of access and
eligibility under the food stamp program; and
`(2) to make such materials,
such guidebooks, and such other resources available in appropriate formats
to State agencies for such use.
`(u) NUTRITION INFORMATION-
The Secretary shall maintain a toll-free information number for individuals
to call to obtain information concerning the nutrition programs.'.
(b) INTER-PROGRAM COORDINATION
OF APPLICATION AND VERIFICATION PROCESS- Section 17 of the Food Stamp Act
of 1977 (7 U.S.C. 2026) is amended by striking subsection (e) and inserting
the following:
`(e) PILOT PROJECTS FOR
INTER-PROGRAM COORDINATION OF APPLICATION AND VERIFICATION PROCESS-
`(1) IN GENERAL- The Secretary
shall provide the Federal shares of funds to States to carry out pilot
projects under paragraph (2) to improve the application and verification
process for low-income working households to participate in the food stamp
program.
`(A) INTER-PROGRAM APPLICATION
PROCESS-
`(i) APPLICATION AT ONE-STOP
DELIVERY CENTERS- The Secretary shall provide funding to not more than
5 States to conduct pilot projects to improve inter-program coordination
by co-locating employees and automated systems necessary to accept complete
initial processing of applications for assistance under this Act at centers
in one-stop delivery systems established under section 134(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(c)).
`(ii) APPLICATION FOR ASSISTANCE
UNDER MEDICAID/SCHIP- The Secretary shall provide funding to not more than
5 States to conduct pilot projects to improve inter-program coordination
by co-locating employees and automated systems necessary to accept complete
initial processing of applications for assistance under this Act at locations
where applications are received for assistance under titles XIX and XXI
of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.).
`(B) INTER-PROGRAM VERIFICATION
PROCESS-
`(i) IN GENERAL- The Secretary
shall provide funding to not more than 5 States to conduct pilot projects
to reduce administrative burdens on low-income working households by coordinating,
to the maximum extent practicable, verification practices under this Act
and verification practices under titles XIX and XXI of the Social Security
Act (42 U.S.C. 1396 et seq. and 1397aa et seq.).
`(ii) ELIGIBILITY- To be
eligible to conduct a pilot project under clause (i), a State must have
an automation system with the capacity to verify through electronic records
the most common sources of incomes under this Act and titles XIX and XXI
of the Social Security Act.
`(iii) ADMINISTRATION- The
Secretary and the Secretary of Health and Human Services shall adjust procedures
under this Act and titles XIX and XXI of the Social Security Act, to the
extent each of the Secretaries determines appropriate, to facilitate pilot
projects under clause (i).
`(3) PREFERENCES- In selecting
pilot projects under this subsection, the Secretary shall provide a preference
to projects that--
`(A) operate in rural areas;
or
`(B) benefit low-income
households residing in remote rural areas.
`(4) WAIVER- To reduce travel
and paperwork burdens on eligible households, the Secretary may waive requirements
under sections 6(c) and 11(e)(3) for pilot projects conducted under this
subsection.
`(5) EVALUATION OF PILOT
PROJECTS- Any State conducting a pilot project under this subsection shall
provide to the Secretary, in accordance with standards established by the
Secretary, an evaluation of the effectiveness of the project.
`(6) FUNDING- Of funds made
available under the first sentence of section 18(a) for each of fiscal
years 2002 and 2003, the Secretary shall use--
`(A) $10,000,000 to pay
75 percent of the additional costs incurred by State agencies to conduct
pilot projects under paragraph 2(A); and
`(B) $500,000 to pay 75
percent of the costs of evaluating pilot projects conducted under paragraph
2(B).'.
(c) INNOVATIVE PARTICIPATION
STRATEGIES- Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is
amended by adding at the end the following:
`(l) INNOVATIVE OUT-OF-OFFICE
APPLICATION AND PARTICIPATION STRATEGIES-
`(1) IN GENERAL- The Secretary
shall conduct demonstration projects to evaluate the feasibility and desirability
of allowing eligible households to participate in the food stamp program
through the use of the Internet and telephones instead of through in-office
visits and interviews.
`(2) PREFERENCES- The Secretary
shall provide a preference under this subsection to projects that--
`(A)(i) are conducted in
rural areas; or
`(ii) serve eligible households
in remote locations; and
`(B) are collaborative efforts
between State agencies and nonprofit community groups.
`(m) GRANTS FOR PARTNERSHIPS
AND TECHNOLOGY-
`(1) IN GENERAL- The Secretary
shall provide grants to State agencies and nonprofit organizations to conduct
projects to improve access to the food stamp program through partnerships
and innovative technology.
`(2) PRIORITY- In providing
grants under this subsection, the Secretary shall give priority to projects
that focus on households with low food stamp participation.
`(n) GRANTS FOR COMMUNITY
PARTNERSHIPS AND INNOVATIVE OUTREACH STRATEGIES-
`(1) ESTABLISHMENT- The
Secretary shall establish a program to award grants to eligible organizations
described in paragraph (2)--
`(A) to develop and test
innovative strategies to ensure that low-income needy eligible households
that contain 1 or more members that are former or current recipients of
benefits under a State program established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.) continue to receive benefits
under this Act if the households meet the requirements of this Act;
`(B) to help ensure that
households that have applied for benefits under a State program
established under part A of
title IV of the Social Security Act, but that did not receive the benefits
because of State requirements or ineligibility for the benefits, are aware
of the availability of, and are provided assistance in receiving, benefits
under this Act if the households meet the requirements of this Act;
`(C) to conduct outreach
to households with earned income that is at or above the income eligibility
limits for benefits under a State program established under part A of title
IV of the Social Security Act if the households meet the requirements of
this Act; and
`(D) to conduct outreach
to households with children if the households meet the requirements of
this Act.
`(2) ELIGIBLE ORGANIZATIONS-
`(A) IN GENERAL- Grants
under paragraph (1) may be provided to--
`(i) food banks, food rescue
organizations, faith-based organizations, and other organizations that
supply food to low-income households;
`(ii) schools, school districts,
health clinics, non-profit day care centers, Head Start agencies under
the Head Start Act (42 U.S.C. 9831 et seq.), Healthy Start agencies under
section 301 of the Public Health Service Act (42 U.S.C. 241), and State
agencies and local agencies providing assistance under the special supplemental
nutrition program for women, infants, and children established under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
`(iii) local agencies that
operate child nutrition programs (as those terms are defined in section
25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f(b));
and
`(iv) other organizations
designated by the Secretary.
`(B) GEOGRAPHICAL DISTRIBUTION
OF RECIPIENTS-
`(i) IN GENERAL- Subject
to clause (ii), the Secretary shall select, from all eligible applications,
at least 1 recipient to receive a grant under this subsection from--
`(I) each region of the
Department of Agriculture; and
`(II) in addition to recipients
selected under subclause (I), each rural or urban area determined to be
appropriate by the Secretary.
`(ii) EXCEPTION- The Secretary
shall not be required to award grants based on the geographical guidelines
under clause (i) to the extent that the Secretary determines that an insufficient
number of eligible grant applications has been received.
`(3) CRITERIA- The Secretary
shall develop criteria for awarding grants under paragraph (1) that are
based on--
`(A) the demonstrated record
of an organization in serving low-income households;
`(B) the ability of an organization
to reach hard-to-serve households;
`(C) the level of innovation
in the proposals submitted in the application of an organization for a
grant; and
`(D) the development of
partnerships between the public and private sector entities and the community.
`(A) ADMINISTRATIVE COSTS-
Not more than 5 percent of the funds made available for the grant program
under paragraph (5) shall be used by the Secretary for administrative costs
incurred in carrying out this subsection.
`(B) PROGRAM EVALUATIONS-
`(i) IN GENERAL- The Secretary
shall conduct evaluations of programs funded by grants under this subsection.
`(ii) LIMITATION- Not more
than 20 percent of funds made available for the grant program under paragraph
(5) shall be used for program evaluations under clause (i).
`(5) FUNDING- Of funds made
available under the first sentence of section 18(a) for each of fiscal
years 2002 and 2003, the Secretary shall use $10,000,000 to carry out the
grant program under this subsection.'.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS
FOR ADDITIONAL COMMODITIES UNDER EMERGENCY FOOD ASSISTANCE PROGRAM.
Section 214 of the Emergency
Food Assistance Act of 1983 (7 U.S.C. 7515) is amended by adding at the
end the following:
`(e) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- In addition
to any other funds that are made available to carry out this section, there
are authorized to be appropriated to purchase and make available additional
commodities under this section $20,000,000 for each of fiscal years 2002
through 2006.
`(2) DIRECT EXPENSES- Not
less than 50 percent of the amount made available under paragraph (1) shall
be used to pay direct expenses (as defined in section 204(a)(2)) incurred
by emergency feeding organizations to distribute additional commodities
to needy persons.'.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided
in this Act, this Act and the amendments made by this Act shall take effect
on the 1st day of the 1st month beginning more than 60 days after the date
of the enactment of this Act.
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