II
110th CONGRESS
1st Session
S. 1529
IN THE SENATE OF THE UNITED STATES
May 24, 2007
Mr. Harkin (for himself and Mr. Lugar) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Food Stamp Act of 1977 to end benefit erosion, support working families with child care expenses, encourage retirement and education savings, and for other purposes.
Short title
This Act may be cited as the
Food Stamp Fairness and Benefit
Restoration Act of 2007
.
Ending benefit erosion
Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) is amended—
in subparagraph (A)(ii)—
by striking
Notwithstanding clause (i)
and inserting the following:
In general
Notwithstanding clause (i) and except as provided in subclause (II)
; and
by adding at the end the following:
Inflation adjustment
On October 1, 2008, and each October 1 thereafter, each of the amounts specified in subclause (I) shall be adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.
; and
in subparagraph (B)(ii)—
by striking
Notwithstanding clause (i)
and inserting the following:
In general
Notwithstanding clause (i) and except as provided in subclause (II)
; and
by adding at the end the following:
Inflation adjustment
On October 1, 2008, and each October 1 thereafter, the amount specified in subclause (I) shall be adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.
.
Supporting working families with child care expenses
Section 5(e)(3)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2014(e)(3)(A)) is amended by striking , the maximum
allowable level of which shall be $200 per month for each dependent child under
2 years of age and $175 per month for each other dependent,
.
Encouraging retirement and education savings among food stamp recipients
Allowable financial resources
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended—
by striking
(g)(1) The Secretary
and inserting the following:
Allowable financial resources
Total amount
In general
The Secretary
;
in subparagraph (A) (as designated by paragraph (1)—
by inserting
(as adjusted in accordance with subparagraph (B))
after
$2,000
; and
by inserting
(as adjusted in accordance with subparagraph (B))
after
$3,000
; and
by adding at the end the following:
Adjustment for inflation
In general
Beginning on October 1, 2007, and each October 1 thereafter, the amounts in subparagraph (A) shall be adjusted to the nearest $100 increment to reflect changes for the 12-month period ending the preceding June in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
Requirement
Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period.
.
Exclusion of retirement accounts from countable financial resources
In general
Section 5(g)(2)(B)(v) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)(2)(B)(v)) is amended by striking or retirement account
(including an individual account)
and inserting
account
.
Mandatory and discretionary exclusions
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by adding at the end the following:
Exclusion of retirement accounts from countable financial resources
Mandatory exclusions
The Secretary shall exclude from financial resources under this subsection the value of any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code.
Discretionary exclusions
The Secretary may exclude from financial resources under this subsection the value of any other retirement plans, contracts, or accounts (as determined by the Secretary through regulation).
.
Exclusion of education accounts from countable financial resources
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) (as amended by subsection (b)) is amended by adding at the end the following:
Exclusion of education accounts from countable financial resources
Mandatory exclusions
The Secretary shall exclude from financial resources under this subsection the value of any funds in a qualified tuition program described in section 529 of the Internal Revenue Code of 1986 or in a Coverdell education savings account under section 530 of that Code.
Discretionary exclusions
The Secretary may exclude from financial resources under this subsection the value of any other education programs, contracts, or accounts (as determined by the Secretary through regulation).
.
Fairness for legal immigrants
In general
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by striking subsection (f) and inserting the following:
Aliens
Eligibility
—Notwithstanding sections 401(a), 402(a), and 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1612(a), 1613(a)), an alien who is lawfully residing in the United States may not be ineligible for the food stamp program on the basis of—
the immigration status of the alien; or
the date the alien entered the United States.
Consideration of income
The income (less, at State option, a pro rata share) and financial resources of the individual rendered ineligible to participate in the food stamp program under this subsection shall be considered in determining the eligibility and the value of the allotment of the household of which the individual is a member.
.
Clarifying eligibility
Section 421(d)(3)
of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1631(d)(3)) is amended by striking to the extent that a
qualified alien is eligible under section 1612(a)(2)(J) of this title
and inserting to the extent that a child is a member of a household
receiving food stamps under that Act
.
Ensuring proper screening
Section 11(e)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(2)(B)) is amended—
by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and
by inserting after clause (v) the following:
shall provide a method for implementing section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) that does not require any unnecessary information from individuals who may be exempt from that section;
.
Simplified administrative reporting requirement
Section 11(a) of the Food Stamp Act of 1977
(7 U.S.C. 2020(a)) is amended by adding at the end the following:
Notwithstanding subsection (e)(2) of section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1631(e)(2)), the administrative reporting requirement under that subsection
shall be satisfied by the submission of an aggregate report on the numbers of
exceptions granted under that subsection each year.
.
Food stamp eligibility for unemployed adults
Section 6(o)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(2)) is amended in the matter preceding subparagraph (A)—
by striking
36-month
and replacing it with 24-month
;
and
by striking
3
and replacing it with 6
.
Availability of commodities for the emergency food assistance program
Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) is amended—
by striking
(a) Purchase of
commodities
and all that follows through
through 2007
and inserting the following:
Purchase of commodities
In general
Subject to paragraph (2), for each of fiscal years 2008 through 2012;
;
by striking
$140,000,000 of
; and
by inserting at the end the following:
Amounts
The Secretary shall use to carry out this subsection for fiscal year 2008, $180,000,000.
.