[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1507 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1507

   To amend the Food Stamp Act of 1977 to modify certain eligibility 
               disqualifications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 1997

 Mr. Walsh (for himself, Mrs. Roukema, Mr. Hall of Ohio, Mrs. Clayton, 
Mrs. Morella, Mr. Wolf, Mr. Oberstar, Mr. Quinn, Mr. Leach, Ms. Norton, 
Mrs. Thurman, and Ms. Waters) introduced the following bill; which was 
   referred to the Committee on Agriculture, and in addition to the 
     Committee on Education and the Workforce, 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 modify certain eligibility 
               disqualifications, 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 ``Hunger Has a Cure Act of 1997''.

SEC. 2. STANDARD DEDUCTION.

    Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) 
is amended by adding at the end the following:
        ``Such standard deductions shall be adjusted on October 1, 
        2001, and each October 1 thereafter to the nearest lower dollar 
        increment to reflect changes in the Consumer Price Index for 
        All Urban Consumers published by the Bureau of Labor Statistics 
        for items other than food for the 12-month period ending on 
        June 30 preceding the date of the adjustment.''.

SEC. 3. EXCESS SHELTER DEDUCTION.

    Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 U.S.C. 
2014(e)(7)) is amended--
            (1) in clause (ii) by striking ``1998'' and inserting 
        ``1997'',
            (2) in clause (iii) by striking ``1999 and 2000'' and 
        inserting ``1998 and 1999'', and
            (3) in clause (iv) by striking ``year 2001 and each 
        subsequent fiscal year'' and inserting ``years 2000 and 2001''.

SEC. 4. VEHICLE ALLOWANCE.

    Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is 
amended--
            (1) by moving the left margin of paragraph (2), and of each 
        designated subdivision of such paragraph, 2 ems to the left; 
        and
            (2) in paragraph (2)(B)(iv)--
                    (A) by striking ``and'' the first place it appears; 
                and
                    (B) by inserting before the semicolon the 
                following:
                ``, and $5,000 beginning on October 1, 1997, and as 
                adjusted on each October 1 thereafter, to reflect 
                changes in the new car component of the Consumer Price 
                Index for All Urban Consumers published by the Bureau 
                of Labor Statistics for the 12-month period ending on 
                June 30 preceding the date of the adjustment, and 
                rounded to the nearest $50''.

SEC. 5. WORK REQUIREMENTS.

    (a) In General.--Section 6(o) of the Food Stamp Act of 1977 (7 
U.S.C. 2015(o)) is amended--
            (1) in paragraph (1)(C) by striking ``, other than a job 
        search program or job search training program'', and
            (2) in paragraph (2)--
                    (A) by striking ``preceding 36-month period'' and 
                all that follows through ``3 months'', and inserting 
                ``preceding 12-month period, the individual received 
                food stamp benefits for not less than 6 months'', and
                    (B) in subparagraph (D) by inserting before the 
                period at the end the following: ``or is not offered an 
                opportunity to participate in a program that allows an 
                individual to satisfy the requirements of subparagraph 
                (B) or (C)''.
    (b) Enhanced Employment and Training Program.--Section 16(h)(1) of 
the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended--
            (1) in subparagraph (D) by striking ``through (C)'' and 
        inserting ``through (D)'',
            (2) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively,
            (3) by inserting after subparagraph (A) the following:
                    ``(B) To carry out employment and training 
                programs, and in addition to amounts reserved under 
                subparagraph (A), the Secretary shall reserve 
                $100,000,000 for each of the fiscal years 1998 through 
                2002 for allocation to State agencies from funds made 
                available under section 18(a)(1) for such fiscal 
                years.'', and
            (4) in subparagraph (C), as so redesignated--
                    (i) by inserting ``(i)'' after ``Alloca-tion--'';
                    (ii) by striking ``subparagraph (A)'' and inserting 
                ``subparagraphs (A) and (B)'', and
                    (iii) by inserting before the period at the end the 
                following:
                ``who are ineligible under section 6(o)(2) to receive 
                food stamp benefits.
                    ``(ii) To be eligible to receive funds allocated 
                under subparagraph (B) for a fiscal year, the State 
                agency shall agree to expend for such fiscal year, to 
                provide to individuals who compose such population 
                opportunities to participate in programs that allow 
                such individuals to satisfy the requirements of 
                subparagraph (B) or (C) of section 6(o)(2)--
                            ``(I) the funds the State agency receives 
                        from funds allocated under subparagraph (B); 
                        and
                            ``(II) of the funds the State agency 
                        receives from funds allocated under 
                        subparagraph (A) for such fiscal year, an 
                        amount that is not less than the amount the 
                        State agency received under subparagraph (A)(i) 
                        and expended for the benefit of similar 
                        individuals, as determined by the Secretary.''.

SEC. 6. LEGAL IMMIGRANTS.

    (a) Protecting Elderly and Child Legal Immigrants Who Have Been in 
the United States for at Least 5 Years, and Legal Immigrants Who Become 
Disabled After Entry.--
            (1) Eligibility for food stamp benefits.--Section 402(a)(2) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by 
        adding at the end the following:
                    ``(E) Legal immigrants becoming disabled after 
                entering the united states.--In the case of the program 
                specified in paragraph (3)(B), paragraph (1) shall not 
                apply to a qualified alien who becomes disabled after 
                the date of entry of such immigrant into the United 
                States.
                    ``(F) Legal immigrant children and elderly 
                individuals.--In the case of the program specified in 
                paragraph (3)(B), paragraph (1) shall not apply to a 
                qualified alien who is under 18 years of age or over 75 
                years of age and who has been a legal permanent 
                resident of the United States for not less than 5 
                years.''.
            (2) Eligibility limitation.--Section 403(b) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1613(b)) is amended by adding at the end the 
        following:
            ``(3) Legal immigrants who become disabled after entering 
        the united states and seek food assistance.--In the case of the 
        program specified in section 402(a)(3)(B), a qualified alien 
        who becomes disabled after the date of entry of such alien into 
        the United States.''.
    (b) Protecting Refugees and Asylees During Their First 7  Years in 
the United States.--Section 402(a)(2)(A) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612(a)(2)(A)) is amended by inserting ``(or 7 years in the case of the 
program specified in paragraph (3)(B))'' after ``5 years''.
    (c) Repealing Deeming Requirements and Protecting Legal Immigrants 
Who Become Disabled After Entry.--
            (1) Generic rules.--Section 421(a) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1631(a)) is amended by inserting ``(except in the 
        case of the program specified in section 402(a)(3)(B))'' after 
        ``of law''.
            (2) Food stamp act of 1977.--
                    (A) Section 5(i) of the Food Stamp Act of 1977 (7 
                U.S.C. 2014(i)) is repealed.
                    (B) The amendment made by subparagraph (A) shall 
                not apply with respect to any alien who entered the 
                United States before August 22, 1996.

SEC. 7. SENSE OF THE CONGRESS.

    It is the sense of the Congress that $45,000,000 should be 
appropriated for fiscal year 1998 under section 204(a)(1) of the 
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1) to assist in 
the provision of short-term emergency food assistance to low-income 
individuals in need and to continue the efficient distribution of 
commodities under such Act.

SEC. 8. SENSE OF THE CONGRESS REGARDING FULL FUNDING FOR SPECIAL 
              SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND 
              CHILDREN.

    It is the sense of the Congress that--
            (1) the Congress should include in any supplemental 
        appropriations bill for fiscal year 1997 a provision 
        appropriating not less than $76,000,000 for the special 
supplemental nutrition program for women, infants, and children (WIC) 
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) in 
order to meet the expected year-end caseload of approximately 7,400,000 
participants; and
            (2) the Congress should appropriate not less $4,008,000,000 
        for fiscal year 1998 for the special supplemental nutrition 
        program for women, infants, and children (WIC) under section 17 
        of such Act in order to allow the expected year-end caseload in 
        such program to increase to 7,500,000 participants.

SEC. 9. ADEQUATE FUNDING FOR SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

    (a) In General.--Section 13(b)(1)(B)(i) of the National School 
Lunch Act (42 U.S.C. 1761(b)(1)(B)(i)) is amended by striking ``$1.97'' 
and inserting ``$2.23''.

SEC. 10. OUTREACH AND START-UP FUNDING FOR SCHOOL BREAKFAST AND SUMMER 
              FEEDING PROGRAMS.

    Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is 
amended by adding at the end the following:
    ``(f) Expansion of Program.--(1)(A) As a national nutrition and 
health policy, it is the purpose and intent of the Congress that the 
school breakfast program be made available in all schools where it is 
needed to provide adequate nutrition for children in attendance. The 
Secretary is hereby directed, in cooperation with State educational 
agencies, to carry out a program of information in furtherance of this 
policy.
    ``(B) In cooperation with State educational agencies, the Secretary 
shall promote the school breakfast program by--
            ``(i) marketing the program in a manner that expands 
        participation in the program by schools and students; and
            ``(ii) improving public education and outreach efforts in 
        language appropriate materials that enhance the public image of 
        the program.
    ``(C) As used in this paragraph, the term `language appropriate 
materials' means materials using a language other than the English 
language in a case in which the language is dominant for a large 
percentage of individuals participating in the program.
    ``(2)(A) Each State educational agency--
            ``(i) shall provide information to school boards and public 
        officials concerning the benefits and availability of the 
        school breakfast program; and
            ``(ii) shall select each year, for additional informational 
        efforts concerning the program, schools in the State--
                    ``(I) in which a substantial portion of school 
                enrollment consists of children from low-income 
                families; and
                    ``(II) that do not participate in the school 
                breakfast program.
    ``(B) Not later than October 1, 2000, the Secretary shall report to 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate concerning the efforts of the Secretary and the 
States to increase the participation of schools in the program.
    ``(g) Startup and Expansion Costs.--(1) Out of any moneys in the 
Treasury not otherwise appropriated, the Secretary of the Treasury 
shall provide to the Secretary $5,000,000 for fiscal year 1999 and each 
subsequent fiscal year to make payments under this subsection. The 
Secretary shall be entitled to receive the funds and shall accept the 
funds. The Secretary shall use the funds to make payments on a 
competitive basis and in the following order of priority (subject to 
other provisions of this subsection), to--
            ``(A) State educational agencies in a substantial number of 
        States for distribution to eligible schools to assist the 
        schools with nonrecurring expenses incurred in--
                    ``(i) initiating a school breakfast program under 
                this section; or
                    ``(ii) expanding a school breakfast program; and
            ``(B) a substantial number of States for distribution to 
        service institutions to assist the institutions with 
        nonrecurring expenses incurred in--
                    ``(i) initiating a summer food service program for 
                children; or
                    ``(ii) expanding a summer food service program for 
                children.
    ``(2) Payments received under this subsection shall be in addition 
in payments to which State agencies are entitled under subsection (b) 
of this section and section 13 of the National School Lunch Act (42 
U.S.C. 1761).
    ``(3) To be eligible to receive a payment under this subsection, a 
State educational agency shall submit to the Secretary a plan to 
initiate or expand school breakfast programs conducted in the State, 
including a description of the manner in which the agency will provide 
technical assistance and funding to schools in the State to initiate or 
expand the programs.
    ``(4) In making payments under this subsection for any fiscal year 
to initiate or expand school breakfast programs, the Secretary shall 
provide a preference to State educational agencies that--
            ``(A) have in effect a State law that requires the 
        expansion of the programs during the year;
            ``(B) have significant public or private resources that 
        have been assembled to carry out the expansion of the programs 
        during the year;
            ``(C) do not have a school breakfast program available to a 
        large number of low-income children in the State; or
            ``(D) serve an unmet need among low-income children, as 
        determined by the Secretary.
    ``(5) In making payments under this subsection for any fiscal year 
to initiate or expand summer food service programs for children, the 
Secretary shall provide a preference to States--
            ``(A)(i) in which the numbers of children participating in 
        the summer food service program for children represent the 
        lowest percentages of the number of children receiving free or 
        reduced price meals under the school lunch program established 
        under the National School Lunch Act (42 U.S.C. 1751 et seq.); 
        or
            ``(ii) that do not have a summer food service program for 
        children available to a large number of low-income children in 
        the State; and
            ``(B) that submit to the Secretary a plan to expand the 
        summer food service programs for children conducted in the 
        State, including a description of--
                    ``(i) the manner in which the State will provide 
                technical assistance and funding to service 
                institutions in the State to expand the programs; and
                    ``(ii) significant public or private resources that 
                have been assembled to carry out the expansion of the 
                programs during the year.
    ``(6) The Secretary shall act in a timely manner to recover and 
reallocate to other States any amounts provided to a State educational 
agency or State under this subsection that are not used by the agency 
or State within a reasonable period (as determined by the Secretary).
    ``(7) The Secretary shall allow States to apply on an annual basis 
for assistance under this subsection.
    ``(8) Each State agency and State, in allocating funds within the 
State, shall give preference for assistance under this subsection to 
eligible schools and service institutions that demonstrate the greatest 
need for a school breakfast program or a summer food service program 
for children, respectively.
    ``(9) Expenditures for funds from State and local sources for the 
maintenance of the school breakfast program and the summer food service 
program for children shall not be diminished as a result of payments 
received under this subsection.
    ``(10) As used in this section:
            ``(A) The term `eligible school' means a school--
                    ``(i) attended by children a significant percentage 
                of whom are members of low-income families;
                    ``(ii)(I) as used with respect to a school 
                breakfast program, that agrees to operate the school 
                breakfast program established or expanded with the 
                assistance provided under this subsection for a period 
                of not less than 3 years; and
                    ``(II) as used with respect to a summer food 
                service program for children, that agrees to operate 
                the summer food service program for children 
                established or expanded with the assistance provided 
                under this subsection for a period of not less than 3 
                years.
            ``(B) The term `service institution' means an institution 
        or organization described in paragraph (1)(B) or (7) of section 
        13(a) of the National School Lunch Act (42 U.S.C. 1761(a)(1)(B) 
        or (7)).
            ``(C) The term `summer food service program for children' 
        means a program authorized by section 13 of such Act (42 U.S.C. 
        1761).''.

SEC. 11. RESTORATION OF ``FOURTH MEAL'' UNDER CHILD AND ADULT CARE FOOD 
              PROGRAM.

    Section 17(f)(2)(B) of the National School Lunch Act (42 U.S.C. 
1766(f)(2)(B)) is amended by striking ``two meals and one supplement'' 
and inserting ``two meals and two supplements or three meals and one 
supplement''.
                                 <all>