7 USC 2020(e)(8): Food stamp recipient information
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Agriculture | 19.0 |
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2020. Administration
(a) State responsibility; records, inspection, and audit
The State agency of each participating State shall assume
responsibility for the certification of applicant households and for the
issuance of coupons and the control and accountability thereof. There
shall be kept such records as may be necessary to ascertain whether the
program is being conducted in compliance with the provi
[[Page 1052]]
sions of this chapter and the regulations issued pursuant to this
chapter. Such records shall be available for inspection and audit at any
reasonable time and shall be preserved for such period of time, not less
than three years, as may be specified in the regulations issued pursuant
to this chapter.
(b) Correction of improper denials and underissuances
When a State agency learns, through its own reviews under section
2025 of this title or other reviews, or through other sources, that it
has improperly denied, terminated, or underissued benefits to an
eligible household, the State agency shall promptly restore any
improperly denied benefits to the extent required by subsection (e)(11)
of this section and section 2023(b) of this title, and shall take other
steps to prevent a recurrence of such errors where such error was caused
by the application of State agency practices, rules or procedures
inconsistent with the requirements of this chapter or with regulations
or policies of the Secretary issued under the authority of this chapter.
(c) Discrimination prohibited
In the certification of applicant households for the food stamp
program, there shall be no discrimination by reason of race, sex,
religious creed, national origin, or political beliefs.
(d) Plan of operation by State agency; approval by Secretary; Indians
The State agency (as defined in section 2012(n)(1) of this title) of
each State desiring to participate in the food stamp program shall
submit for approval a plan of operation specifying the manner in which
such program will be conducted within the State in every political
subdivision. The Secretary may not, as a part of the approval process
for a plan of operation, require a State to submit for prior approval by
the Secretary the State agency instructions to staff, interpretations of
existing policy, State agency methods of administration, forms used by
the State agency, or any materials, documents, memoranda, bulletins, or
other matter, unless the State determines that the materials, documents,
memoranda, bulletins, or other matter alter or amend the State plan of
operation or conflict with the rights and levels of benefits to which a
household is entitled. In the case of all or part of an Indian
reservation, the State agency as defined in section 2012(n)(1) of this
title shall be responsible for conducting such program on such
reservation unless the Secretary determines that the State agency (as
defined in section 2012(n)(1) of this title) is failing, subsequent to
August 31, 1964, properly to administer such program on such reservation
in accordance with the purposes of this chapter and further determines
that the State agency as defined in section 2012(n)(2) of this title is
capable of effectively and efficiently conducting such program, in light
of the distance of the reservation from State agency-operated
certification and issuance centers, the previous experience of such
tribal organization in the operation of programs authorized under the
Indian Self-Determination Act (25 U.S.C. 450) and similar Acts of
Congress, the tribal organization's management and fiscal capabilities,
and the adequacy of measures taken by the tribal organization to ensure
that there shall be no discrimination in the operation of the program on
the basis of race, color, sex, or national origin, in which event such
State agency shall be responsible for conducting such program and
submitting for approval a plan of operation specifying the manner in
which such program will be conducted. The Secretary, upon the request of
a tribal organization, shall provide the designees of such organization
with appropriate training and technical assistance to enable them to
qualify as expeditiously as possible as a State agency pursuant to
section 2012(n)(2) of this title. A State agency, as defined in section
2012(n)(1) of this title, before it submits its plan of operation to the
Secretary for the administration of the food stamp program on all or
part of an Indian reservation, shall consult in good faith with the
tribal organization about that portion of the State's plan of operation
pertaining to the implementation of the program for members of the
tribe, and shall implement the program in a manner that is responsive to
the needs of the Indians on the reservation as determined by ongoing
consultation with the tribal organization.
(e) Requisites of State plan of operation
The State plan of operation required under subsection (d) of this
section shall provide, among such other provisions as may be required by
regulation--
(1) that the State agency shall (A) at the option of the State
agency, inform low-income households about the availability,
eligibility requirements, application procedures, and benefits of
the food stamp program; and (B) use appropriate bilingual personnel
and printed material in the administration of the program in those
portions of political subdivisions in the State in which a
substantial number of members of low-income households speak a
language other than English;
(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State agency
determines best serve households in the State, including households
with special needs, such as households with elderly or disabled
members, households in rural areas with low-income members, homeless
individuals, households residing on reservations, and households in
areas in which a substantial number of members of low-income
households speak a language other than English.
(B) In carrying out subparagraph (A), a State agency--
(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
(ii)(I) shall develop an application containing the
information necessary to comply with this chapter; and
(II) if the State agency maintains a website for the State
agency, shall make the application available on the website in
each language in which the State agency makes a printed
application available;
(iii) shall permit an applicant household to apply to
participate in the program on the
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same day that the household first contacts a food stamp office
in person during office hours;
(iv) shall consider an application that contains the name,
address, and signature of the applicant to be filed on the date
the applicant submits the application;
(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that--
(I) the information contained in the application is
true; and
(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 2015(f)
of this title;
(vi) shall provide a method of certifying and issuing
coupons to eligible homeless individuals, to ensure that
participation in the food stamp program is limited to eligible
households; and
(vii) may establish operating procedures that vary for local
food stamp offices to reflect regional and local differences
within the State.
(C) Nothing in this chapter shall prohibit the use of signatures
provided and maintained electronically, storage of records using
automated retrieval systems only, or any other feature of a State
agency's application system that does not rely exclusively on the
collection and retention of paper applications or other records.
(D) The signature of any adult under this paragraph shall be
considered sufficient to comply with any provision of Federal law
requiring a household member to sign an application or statement;
(3) that the State agency shall thereafter promptly determine
the eligibility of each applicant household by way of verification
of income other than that determined to be excluded by section
2014(d) of this title (in part through the use of the information,
if any, obtained under section 2025(e) of this title), household
size (in any case such size is questionable), and such other
eligibility factors as the Secretary determines to be necessary to
implement sections 2014 and 2015 of this title, although the State
agency may verify prior to certification, whether questionable or
not, the size of any applicant household and such other eligibility
factors as the State agency determines are necessary, so as to
complete certification of and provide an allotment retroactive to
the period of application to any eligible household not later than
thirty days following its filing of an application, and that the
State agency shall provide each applicant household, at the time of
application, a clear written statement explaining what acts the
household must perform to cooperate in obtaining verification and
otherwise completing the application process;
(4) that the State agency shall insure that each participating
household receive a notice of expiration of its certification prior
to the start of the last month of its certification period advising
the household that it must submit a new application in order to
renew its eligibility for a new certification period and, further,
that each such household which seeks to be certified another time or
more times thereafter by filing an application for such
recertification no later than fifteen days prior to the day upon
which its existing certification period expires shall, if found to
be still eligible, receive its allotment no later than one month
after the receipt of the last allotment issued to it pursuant to its
prior certification, but if such household is found to be ineligible
or to be eligible for a smaller allotment during the new
certification period it shall not continue to participate and
receive benefits on the basis authorized for the preceding
certification period even if it makes a timely request for a fair
hearing pursuant to paragraph (10) of this subsection: Provided,
That the timeliness standards for submitting the notice of
expiration and filing an application for recertification may be
modified by the Secretary in light of sections 2014(f)(2) and
2015(c) of this title if administratively necessary;
(5) the specific standards to be used in determining the
eligibility of applicant households which shall be in accordance
with sections 2014 and 2015 of this title and shall include no
additional requirements imposed by the State agency;
(6) that--
(A) the State agency shall undertake the certification of
applicant households in accordance with the general procedures
prescribed by the Secretary in the regulations issued pursuant
to this chapter; and
(B) the State agency personnel utilized in undertaking such
certification shall be employed in accordance with the current
standards for a Merit System of Personnel Administration or any
standards later prescribed by the Office of Personnel Management
pursuant to section 4728 of title 42 modifying or superseding
such standards relating to the establishment and maintenance of
personnel standards on a merit basis;
(7) that an applicant household may be represented in the
certification process and that an eligible household may be
represented in coupon issuance or food purchase by a person other
than a member of the household so long as that person has been
clearly designated as the representative of that household for that
purpose by the head of the household or the spouse of the head, and,
where the certification process is concerned, the representative is
an adult who is sufficiently aware of relevant household
circumstances, except that the Secretary may restrict the number of
households which may be represented by an individual and otherwise
establish criteria and verification standards for representation
under this paragraph;
(8) safeguards which limit the use or disclosure of information
obtained from applicant households to persons directly connected
with the administration or enforcement of the provisions of this
chapter, regulations issued pursuant to this chapter, Federal
assistance programs, or federally assisted State programs, except
that--
(A) the safeguards shall not prevent the use or disclosure
of such information to the
[[Page 1054]]
Comptroller General of the United States for audit and
examination authorized by any other provision of law;
(B) notwithstanding any other provision of law, all
information obtained under this chapter from an applicant
household shall be made available, upon request, to local, State
or Federal law enforcement officials for the purpose of
investigating an alleged violation of this chapter or any
regulation issued under this chapter;
(C) the safeguards shall not prevent the use by, or
disclosure of such information, to agencies of the Federal
Government (including the United States Postal Service) for
purposes of collecting the amount of an overissuance of coupons,
as determined under section 2022(b) of this title, from Federal
pay (including salaries and pensions) as authorized pursuant to
section 5514 of title 5 or a Federal income tax refund as
authorized by section 3720A of title 31;
(D) notwithstanding any other provision of law, the address,
social security number, and, if available, photograph of any
member of a household shall be made available, on request, to
any Federal, State, or local law enforcement officer if the
officer furnishes the State agency with the name of the member
and notifies the agency that--
(i) the member--
(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the
member is fleeing, is a felony (or, in the case of New
Jersey, a high misdemeanor), or is violating a condition
of probation or parole imposed under Federal or State
law; or
(II) has information that is necessary for the
officer to conduct an official duty related to subclause
(I);
(ii) locating or apprehending the member is an official
duty; and
(iii) the request is being made in the proper exercise
of an official duty; and
(E) the safeguards shall not prevent compliance with
paragraph (16) or (20)(B);
(9) that the State agency shall--
(A) provide coupons no later than 7 days after the date of
application to any household which--
(i)(I) has gross income that is less than $150 per
month; or
(II) is a destitute migrant or a seasonal farmworker
household in accordance with the regulations governing such
households in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(B) provide coupons no later than 7 days after the date of
application to any household that has a combined gross income
and liquid resources that is less than the monthly rent, or
mortgage, and utilities of the household; and
(C) to the extent practicable, verify the income and liquid
resources of a household referred to in subparagraph (A) or (B)
prior to issuance of coupons to the household;
(10) for the granting of a fair hearing and a prompt
determination thereafter to any household aggrieved by the action of
the State agency under any provision of its plan of operation as it
affects the participation of such household in the food stamp
program or by a claim against the household for an overissuance:
Provided, That any household which timely requests such a fair
hearing after receiving individual notice of agency action reducing
or terminating its benefits within the household's certification
period shall continue to participate and receive benefits on the
basis authorized immediately prior to the notice of adverse action
until such time as the fair hearing is completed and an adverse
decision rendered or until such time as the household's
certification period terminates, whichever occurs earlier, except
that in any case in which the State agency receives from the
household a written statement containing information that clearly
requires a reduction or termination of the household's benefits, the
State agency may act immediately to reduce or terminate the
household's benefits and may provide notice of its action to the
household as late as the date on which the action becomes effective.
At the option of a State, at any time prior to a fair hearing
determination under this paragraph, a household may withdraw, orally
or in writing, a request by the household for the fair hearing. If
the withdrawal request is an oral request, the State agency shall
provide a written notice to the household confirming the withdrawal
request and providing the household with an opportunity to request a
hearing;
(11) upon receipt of a request from a household, for the prompt
restoration in the form of coupons to a household of any allotment
or portion thereof which has been wrongfully denied or terminated,
except that allotments shall not be restored for any period of time
more than one year prior to the date the State agency receives a
request for such restoration from a household or the State agency is
notified or otherwise discovers that a loss to a household has
occurred;
(12) for the submission of such reports and other information as
from time to time may be required by the Secretary;
(13) for indicators of expected performance in the
administration of the program;
(14) that the State agency shall specify a plan of operation for
providing food stamps for households that are victims of a disaster;
that such plan shall include, but not be limited to, procedures for
informing the public about the disaster program and how to apply for
its benefits, coordination with Federal and private disaster relief
agencies and local government officials, application procedures to
reduce hardship and inconvenience and deter fraud, and instruction
of caseworkers in procedures for implementing and operating the
disaster program;
(15) that the State agency shall require each household
certified as eligible to participate by methods other than the out-
of-office meth
[[Page 1055]]
ods specified in the fourth sentence of paragraph (2) of this
subsection in those project areas or parts of project areas in which
the Secretary, in consultation with the Department's Inspector
General, finds that it would be useful to protect the program's
integrity and would be cost effective, to present a photographic
identification card when using its authorization card in order to
receive its coupons. The State agency may permit a member of a
household to comply with this paragraph by presenting a photographic
identification card used to receive assistance under a welfare or
public assistance program;
(16) notwithstanding paragraph (8) of this subsection, for the
immediate reporting to the Immigration and Naturalization Service by
the State agency of a determination by personnel responsible for the
certification or recertification of households that any member of a
household is ineligible to receive food stamps because that member
is present in the United States in violation of the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.];
(17) at the option of the State agency, for the establishment
and operation of an automatic data processing and information
retrieval system that meets such conditions as the Secretary may
prescribe and that is designed to provide efficient and effective
administration of the food stamp program;
(18) at the option of the State agency, that information may be
requested and exchanged for purposes of income and eligibility
verification in accordance with a State system which meets the
requirements of section 1320b-7 of title 42 and that any additional
information available from agencies administering State unemployment
compensation laws under the provisions of section 503(d) of title 42
may be requested and utilized by the State agency (described in
section 2012(n)(1) of this title) to the extent permitted under the
provisions of section 503(d) of title 42;
(19) that, in project areas or parts thereof where authorization
cards are used, and eligible households are required to present
photographic identification cards in order to receive their coupons,
the State agency shall include, in any agreement or contract with a
coupon issuer, a provision that (A) the issuer shall (i) require the
presenter to furnish a photographic identification card at the time
the authorization card is presented, and (ii) record on the
authorization card the identification number shown on the
photographic identification card; and (B) if the State agency
determines that the authorization card has been stolen or otherwise
was not received by a household certified as eligible, the issuer
shall be liable to the State agency for the face value of any
coupons issued in the transaction in which such card is used and the
issuer fails to comply with the requirements of clause (A) of this
paragraph;
(20) that the State agency shall establish a system and take
action on a periodic basis--
(A) to verify and otherwise ensure that an individual does
not receive coupons in more than 1 jurisdiction within the
State; and
(B) to verify and otherwise ensure that an individual who is
placed under detention in a Federal, State, or local penal,
correctional, or other detention facility for more than 30 days
shall not be eligible to participate in the food stamp program
as a member of any household, except that--
(i) the Secretary may determine that extraordinary
circumstances make it impracticable for the State agency to
obtain information necessary to discontinue inclusion of the
individual; and
(ii) a State agency that obtains information collected
under section 1382(e)(1)(I)(i)(I) of title 42 pursuant to
section 1382(e)(1)(I)(ii)(II) of title 42, or under another
program determined by the Secretary to be comparable to the
program carried out under that section, shall be considered
in compliance with this subparagraph.
(21) the plans of the State agency for carrying out employment
and training programs under section 2015(d)(4) of this title,
including the nature and extent of such programs, the geographic
areas and households to be covered under such program, and the
basis, including any cost information, for exemptions of categories
and individuals and for the choice of employment and training
program components reflected in the plans;
(22) in a project area in which 5,000 or more households
participate in the food stamp program, for the establishment and
operation of a unit for the detection of fraud in the food stamp
program, including the investigation, and assistance in the
prosecution, of such fraud;
(23) at the option of the State, for procedures necessary to
obtain payment of uncollected overissuance of coupons from
unemployment compensation pursuant to section 2022(c) of this title;
(24) the guidelines the State agency uses in carrying out
section 2015(i) of this title; and
(25) if a State elects to carry out a Simplified Food Stamp
Program under section 2035 of this title, the plans of the State
agency for operating the program, including--
(A) the rules and procedures to be followed by the State
agency to determine food stamp benefits;
(B) how the State agency will address the needs of
households that experience high shelter costs in relation to the
incomes of the households; and
(C) a description of the method by which the State agency
will carry out a quality control system under section 2025(c) of
this title.
(f) Nutrition education
(1) In general
To encourage the purchase, preparation, and consumption of
nutritious foods, the Secretary is authorized to assign
responsibility for the nutrition education of individuals eligible
for food stamps, or the program for the distribution of commodities
on reservations, to the Cooperative Extension Service, in
cooperation with the Food and Nutrition Service. State agencies
shall encourage food stamp program participants to participate in
the ex
[[Page 1056]]
panded food and nutrition education program conducted under section
343(d) of this title, and any program established under sections
3175a through 3175e of this title. At the request of personnel of
such education program, State agencies, wherever practicable, shall
allow personnel and information materials of such education program
to be placed in food stamp offices.
(2) Grants
(A) In general
The Secretary shall make available not more than $600,000
for each of fiscal years 1998 through 2001 to pay the Federal
share of grants made to eligible private nonprofit organizations
and State agencies to carry out subparagraph (B).
(B) Eligibility
A private nonprofit organization or State agency shall be
eligible to receive a grant under subparagraph (A) if the
organization or agency agrees--
(i) to use the funds to direct a collaborative effort to
coordinate and integrate nutrition education into health,
nutrition, social service, and food distribution programs
for food stamp participants and other low-income households;
and
(ii) to design the collaborative effort to reach large
numbers of food stamp participants and other low-income
households through a network of organizations, including
schools, child care centers, farmers' markets, health
clinics, and outpatient education services.
(C) Preference
In deciding between 2 or more private nonprofit
organizations or State agencies that are eligible to receive a
grant under subparagraph (B), the Secretary shall give a
preference to an organization or agency that conducted a
collaborative effort described in subparagraph (B) and received
funding for the collaborative effort from the Secretary before
August 5, 1997.
(D) Federal share
(i) In general
Subject to subparagraph (E), the Federal share of a
grant under this paragraph shall be 50 percent.
(ii) No in-kind contributions
The non-Federal share of a grant under this paragraph
shall be in cash.
(iii) Private funds
The non-Federal share of a grant under this paragraph
may include amounts from private nongovernmental sources.
(E) Limit on individual grant
The Federal share of a grant under subparagraph (A) may not
exceed $200,000 for a fiscal year.
(g) State noncompliance; correction of failures
If the Secretary determines, upon information received by the
Secretary, investigation initiated by the Secretary, or investigation
that the Secretary shall initiate upon receiving sufficient information
evidencing a pattern of lack of compliance by a State agency of a type
specified in this subsection, that in the administration of the food
stamp program there is a failure by a State agency without good cause to
comply with any of the provisions of this chapter, the regulations
issued pursuant to this chapter, the State plan of operation submitted
pursuant to subsection (d) of this section, the State plan for automated
data processing submitted pursuant to subsection (o)(2) of this section,
or the requirements established pursuant to section 2032 of this title
the Secretary shall immediately inform such State agency of such failure
and shall allow the State agency a specified period of time for the
correction of such failure. If the State agency does not correct such
failure within that specified period, the Secretary may refer the matter
to the Attorney General with a request that injunctive relief be sought
to require compliance forthwith by the State agency and, upon suit by
the Attorney General in an appropriate district court of the United
States having jurisdiction of the geographic area in which the State
agency is located and a showing that noncompliance has occurred,
appropriate injunctive relief shall issue, and, whether or not the
Secretary refers such matter to the Attorney General, the Secretary
shall proceed to withhold from the State such funds authorized under
sections 2025(a), 2025(c), and 2025(g) of this title as the Secretary
determines to be appropriate, subject to administrative and judicial
review under section 2023 of this title.
(h) Deposit by State to cover fraudulently or negligently issued coupons
If the Secretary determines that there has been negligence or fraud
on the part of the State agency in the certification of applicant
households, the State shall, upon request of the Secretary, deposit into
the Treasury of the United States, a sum equal to the face value of any
coupon or coupons issued as a result of such negligence or fraud.
(i) Application and denial procedures
(1) Application procedures
Notwithstanding any other provision of law, households in which
all members are applicants for or recipients of supplemental
security income shall be informed of the availability of benefits
under the food stamp program and be assisted in making a simple
application to participate in such program at the social security
office and be certified for eligibility utilizing information
contained in files of the Social Security Administration.
(2) Denial and termination
Except in a case of disqualification as a penalty for failure to
comply with a public assistance program rule or regulation, no
household shall have its application to participate in the food
stamp program denied nor its benefits under the food stamp program
terminated solely on the basis that its application to participate
has been denied or its benefits have been terminated under any of
the programs carried out under the statutes specified in the second
sentence of section 2014(a) of this title
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and without a separate determination by the State agency that the
household fails to satisfy the eligibility requirements for
participation in the food stamp program.
(j) Notice of availability of benefits and applications; revision of
memorandum of understanding
(1) Any individual who is an applicant for or recipient of
supplemental security income or social security benefits (under
regulations prescribed by the Secretary in conjunction with the
Commissioner of Social Security) shall be informed of the availability
of benefits under the food stamp program and informed of the
availability of a simple application to participate in such program at
the social security office.
(2) The Secretary and the Commissioner of Social Security shall
revise the memorandum of understanding in effect on December 23, 1985,
regarding services to be provided in social security offices under this
subsection and subsection (i) of this section, in a manner to ensure
that--
(A) applicants for and recipients of social security benefits
are adequately notified in social security offices that assistance
may be available to them under this chapter;
(B) applications for assistance under this chapter from
households in which all members are applicants for or recipients of
supplemental security income will be forwarded immediately to the
State agency in an efficient and timely manner; and
(C) the Commissioner of Social Security receives from the
Secretary reimbursement for costs incurred to provide such services.
(k) Use of post offices
Subject to the approval of the President, post offices in all or
part of the State may issue, upon request by the State agency, food
stamps to eligible households.
(l) Special financial audit review of high participation States
Whenever the ratio of a State's average food stamp participation in
any quarter of a fiscal year to the State's total population in that
quarter (estimated on the basis of the latest available population
estimates as provided by the Department of Commerce, Bureau of the
Census, Series P-25, Current Population Reports (or its successor
series)) exceeds 60 per centum, the Office of the Inspector General of
the Department of Agriculture shall immediately schedule a financial
audit review of a sample of project areas within that State. Any
financial audit review subsequent to the first such review, required
under the preceding sentence, shall be conducted at the option of the
Office of the Inspector General.
(m) Alaskan fee agents; use and services
The Secretary shall provide for the use of fee agents in rural
Alaska. As used in this subsection ``fee agent'' means a paid agent who,
although not a State employee, is authorized by the State to make
applications available to low-income households, assist in the
completion of applications, conduct required interviews, secure required
verification, forward completed applications and supporting
documentation to the State agency, and provide other services as
required by the State agency. Such services shall not include making
final decisions on household eligibility or benefit levels.
(n) Verification by State agencies
The Secretary shall require State agencies to conduct verification
and implement other measures where necessary, but no less often than
annually, to assure that an individual does not receive both coupons and
benefits or payments referred to in section 2015(g) of this title or
both coupons and assistance provided in lieu of coupons under section
2026(b)(1) of this title.
(o) Data processing systems; model plan; comprehensive automation and
computerization; State plans; evaluation and report to Congress;
corrective measures by State; time for implementation
(1) The Secretary shall develop, after consultation with, and with
the assistance of, an advisory group of State agencies appointed by the
Secretary without regard to the provisions of the Federal Advisory
Committee Act, a model plan for the comprehensive automation of data
processing and computerization of information systems under the food
stamp program. The plan shall be developed and made available for public
comment through publication of the proposed plan in the Federal Register
not later than October 1, 1986. The Secretary shall complete the plan,
taking into consideration public comments received, not later than
February 1, 1987. The elements of the plan may include intake
procedures, eligibility determinations and calculation of benefits,
verification procedures, coordination with related Federal and State
programs, the issuance of benefits, reconciliation procedures, the
generation of notices, and program reporting. In developing the plan,
the Secretary shall take into account automated data processing and
information systems already in existence in States and shall provide for
consistency with such systems.
(2) Not later than October 1, 1987, each State agency shall develop
and submit to the Secretary for approval a plan for the use of an
automated data processing and information retrieval system to administer
the food stamp program in such State. The State plan shall take into
consideration the model plan developed by the Secretary under paragraph
(1) and shall provide time frames for completion of various phases of
the State plan. If a State agency already has a sufficient automated
data processing and information retrieval system, the State plan may,
subject to the Secretary's approval, reflect the existing State system.
(3) Not later than April 1, 1988, the Secretary shall prepare and
submit to Congress an evaluation of the degree and sufficiency of each
State's automated data processing and computerized information systems
for the administration of the food stamp program, including State plans
submitted under paragraph (2). Such report shall include an analysis of
additional steps needed for States to achieve effective and cost-
efficient data processing and information systems. The Secretary,
thereafter, shall periodically update such report.
(4) Based on the Secretary's findings in such report submitted under
paragraph (3), the Sec
[[Page 1058]]
retary may require a State agency, as necessary to rectify identified
shortcomings in the administration of the food stamp program in the
State, except where such direction would displace State initiatives
already under way, to take specified steps to automate data processing
systems or computerize information systems for the administration of the
food stamp program in the State if the Secretary finds that, in the
absence of such systems, there will be program accountability or
integrity problems that will substantially affect the administration of
the food stamp program in the State.
(5)(A) Subject to subparagraph (B), in the case of a plan for an
automated data processing and information retrieval system submitted by
a State agency to the Secretary under paragraph (2), such State agency
shall--
(i) commence implementation of its plan not later than October
1, 1988; and
(ii) meet the time frames set forth in the plan.
(B) The Secretary shall extend a deadline imposed under subparagraph
(A) to the extent the Secretary deems appropriate based on the
Secretary's finding of a good faith effort of a State agency to
implement its plan in accordance with subparagraph (A).
(p) State verification option
Notwithstanding any other provision of law, in carrying out the food
stamp program, a State agency shall not be required to use an income and
eligibility or an immigration status verification system established
under section 1320b-7 of title 42.
(q) Denial of food stamps for prisoners
The Secretary shall assist States, to the maximum extent
practicable, in implementing a system to conduct computer matches or
other systems to prevent prisoners described in subsection (e)(20)(B) of
this section from participating in the food stamp program as a member of
any household.
(r) Denial of food stamps for deceased individuals
Each State agency shall--
(1) enter into a cooperative arrangement with the Commissioner
of Social Security, pursuant to the authority of the Commissioner
under section 405(r)(3) of title 42, to obtain information on
individuals who are deceased; and
(2) use the information to verify and otherwise ensure that
benefits are not issued to individuals who are deceased.
(s) Transitional benefits option
(1) In general
A State agency may provide transitional food stamp benefits to a
household that ceases 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 receive transitional food
stamp benefits for a period of not more than 5 months after the date
on which cash assistance is terminated.
(3) Amount of benefits
During the transitional benefits period under paragraph (2), a
household shall receive an amount of food stamp benefits equal to
the allotment received in the month immediately preceding the date
on which cash assistance was terminated, adjusted for the change in
household income as a result of--
(A) the termination of cash assistance; and
(B) at the option of the State agency, information from
another program in which the household participates.
(4) Determination of future eligibility
In the final month of the transitional benefits period under
paragraph (2), the State agency may--
(A) require the household to cooperate in a recertification
of eligibility; and
(B) initiate a new certification period for the household
without regard to whether the preceding certification period has
expired.
(5) Limitation
A household shall not be eligible for transitional benefits
under this subsection if the household--
(A) loses eligibility under section 2015 of this title;
(B) is sanctioned for a failure to perform an action
required by Federal, State, or local law relating to a cash
assistance program described in paragraph (1); or
(C) is a member of any other category of households
designated by the State agency as ineligible for transitional
benefits.
(6) Applications for recertification
(A) In general
A household receiving transitional benefits under this
subsection may apply for recertification at any time during the
transitional benefits period under paragraph (2).
(B) Determination of allotment
If a household applies for recertification under
subparagraph (A), the allotment of the household for all
subsequent months shall be determined without regard to this
subsection.
(t) Grants for simple application and eligibility determination systems
and improved access to benefits
(1) In general
For each of fiscal years 2003 through 2007, the Secretary shall
use not more than $5,000,000 of funds made available under section
2027(a)(1) of this title to make grants to pay 100 percent of the
costs of eligible entities approved by the Secretary to carry out
projects to develop and implement--
(A) simple food stamp application and eligibility
determination systems; or
(B) measures to improve access to food stamp benefits by
eligible households.
(2) Types of projects
A project under paragraph (1) may consist of--
(A) coordinating application and eligibility determination
processes, including
[[Page 1059]]
verification practices, under the food stamp program and other
Federal, State, and local assistance programs;
(B) establishing methods for applying for benefits and
determining eligibility that--
(i) more extensively use--
(I) communications by telephone; and
(II) electronic alternatives such as the Internet;
or
(ii) otherwise improve the administrative infrastructure
used in processing applications and determining eligibility;
(C) developing procedures, training materials, and other
resources aimed at reducing barriers to participation and
reaching eligible households;
(D) improving methods for informing and enrolling eligible
households; or
(E) carrying out such other activities as the Secretary
determines to be appropriate.
(3) Limitation
A grant under this subsection shall not be made for the ongoing
cost of carrying out any project.
(4) Eligible entities
To be eligible to receive a grant under this subsection, an
entity shall be--
(A) a State agency administering the food stamp program;
(B) a State or local government;
(C) an agency providing health or welfare services;
(D) a public health or educational entity; or
(E) a private nonprofit entity such as a community-based
organization, food bank, or other emergency feeding
organization.
(5) Selection of eligible entities
The Secretary--
(A) shall develop criteria for the selection of eligible
entities to receive grants under this subsection; and
(B) may give preference to any eligible entity that consists
of a partnership between a governmental entity and a
nongovernmental entity.
(u) Agreement for direct certification and cooperation
(1) In general
Each State agency shall enter into an agreement with the State
agency administering the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(2) Contents
The agreement shall establish procedures that ensure that--
(A) any child receiving benefits under this chapter shall be
certified as eligible for free lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application; and
(B) each State agency shall cooperate in carrying out
paragraphs (3)(F) and (4) of section 9(b) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)).
(Pub. L. 88-525, Sec. 11, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95-113,
title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L. 96-249,
title I, Secs. 113, 116-120, 122, 123, May 26, 1980, 94 Stat. 361-
363; Pub. L. 97-35, title I, Sec. 111(a), Aug. 13, 1981, 95 Stat. 362;
Pub. L. 97-98, title XIII, Secs. 1316-1320(a), 1321-1323, Dec. 22,
1981, 95 Stat. 1286, 1287; Pub. L. 97-253, title I, Secs. 166-174,
180(b)(1), 189(b)(2), 190(c)(1), Sept. 8, 1982, 96 Stat. 779, 780, 783,
787; Pub. L. 98-204, Sec. 7, Dec. 2, 1983, 97 Stat. 1386; Pub. L. 98-
369, div. B, title VI, Sec. 2651(i), July 18, 1984, 98 Stat. 1150; Pub.
L. 99-198, title XV, Secs. 1507(b), 1517(b), 1525-1531(a), (b),
1535(b)(1), 1537(b), (c), Dec. 23, 1985, 99 Stat. 1568, 1576, 1580-1582,
1584, 1586, 1587; Pub. L. 100-77, title VIII, Secs. 808(a), 809(a),
July 22, 1987, 101 Stat. 536; Pub. L. 100-435, title II, Sec. 204(a),
title III, Secs. 310, 311, 320, 321(a), 322, 323, 330, 352, Sept.
19, 1988, 102 Stat. 1657, 1660-1662, 1665; Pub. L. 101-624, title XVII,
Secs. 1736-1741, 1763(b), Nov. 28, 1990, 104 Stat. 3793, 3794, 3806;
Pub. L. 102-237, title IX, Sec. 941(5), (6), Dec. 13, 1991, 105 Stat.
1892; Pub. L. 103-66, title XIII, Sec. 13941(a), Aug. 10, 1993, 107
Stat. 676; Pub. L. 103-296, title I, Sec. 108(f)(2), (3), Aug. 15, 1994,
108 Stat. 1487; Pub. L. 104-66, title I, Sec. 1011(x), Dec. 21, 1995,
109 Stat. 711; Pub. L. 104-193, title VIII, Secs. 809(b), 819(b),
835-840, 844(b), 848(b)(1), 854(b), Aug. 22, 1996, 110 Stat. 2313, 2320,
2329-2331, 2333, 2334, 2342; Pub. L. 105-33, title I,
Secs. 1003(a)(1), (2), (b), 1004, Aug. 5, 1997, 111 Stat. 255, 256;
Pub. L. 105-379, Sec. 1(a), Nov. 12, 1998, 112 Stat. 3399; Pub. L. 107-
171, title IV, Secs. 4114(a), 4115(a), 4116(a), May 13, 2002, 116
Stat. 314, 315; Pub. L. 108-265, title I, Sec. 104(b)(2), June 30, 2004,
118 Stat. 737.)
References in Text
The Indian Self-Determination Act (25 U.S.C. 450), referred to in
subsec. (d), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203,
as amended, which is classified principally to part A (Sec. 450f et
seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set out
under section 450 of Title 25 and Tables.
The Immigration and Nationality Act, referred to in subsec. (e)(16),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8,
Aliens and Nationality. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of Title 8 and
Tables.
The Federal Advisory Committee Act, referred to in subsec. (o)(1),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
The Social Security Act, referred to in subsec. (s)(1), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the
Act is classified generally to part A (Sec. 601 et seq.) of subchapter
IV of chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (u), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended,
which is classified generally to chapter 13 (Sec. 1751 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (u)(2)(A),
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the
[[Page 1060]]
Code, see Short Title note set out under section 1771 of Title 42 and
Tables.
Amendments
2004--Subsec. (u). Pub. L. 108-265 added subsec. (u).
2002--Subsec. (e)(2)(B)(ii). Pub. L. 107-171, Sec. 4114(a),
designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (s). Pub. L. 107-171, Sec. 4115(a), added subsec. (s).
Subsec. (t). Pub. L. 107-171, Sec. 4116(a), added subsec. (t).
1998--Subsec. (r). Pub. L. 105-379 added subsec. (r).
1997--Subsec. (e)(8)(E). Pub. L. 105-33, Sec. 1003(a)(2),
substituted ``paragraph (16) or (20)(B)'' for ``paragraph (16)''.
Subsec. (e)(20). Pub. L. 105-33, Sec. 1003(a)(1), added par. (20)
and struck out former par. (20) which read as follows: ``that the State
agency shall establish a system and take action on a periodic basis to
verify and otherwise assure that an individual does not receive coupons
in more than one jurisdiction within the State;''.
Subsec. (f). Pub. L. 105-33, Sec. 1004, inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading, and
added par. (2).
Subsec. (q). Pub. L. 105-33, Sec. 1003(b), added subsec. (q).
1996--Subsec. (e)(2). Pub. L. 104-193, Sec. 835(1)(A), added par.
(2) and struck out former par. (2) which required that each State plan
of operation was to provide that each household which contacted food
stamp office in person during office hours to make what could reasonably
be interpreted as oral or written request for food stamp assistance was
to receive and be permitted to file, on same day that such contact was
first made, simplified, uniform national application form for
participation in food stamp program.
Subsec. (e)(3). Pub. L. 104-193, Secs. 809(b), 835(1)(B),
substituted ``shall'' for ``shall--'' after ``and that the State
agency'', struck out ``(A)'' before ``provide each applicant household''
and struck out subpars. (B) to (E) and concluding provisions which
provided that State agency was to assist each applicant household in
obtaining appropriate verification and completing application process,
not require any household to submit additional proof of matter on which
State agency already had current verification, not deny any application
for participation solely because of failure of person outside household
to cooperate, process applications if household complied with
requirements of first sentence of section 2015(c) of this title by
taking appropriate steps to verify information otherwise required to be
verified under this chapter, provide household, at time of each
certification and recertification, with statement describing reporting
responsibilities of household under this chapter, and provide toll-free
or local telephone number, or telephone number at which collect calls
would be accepted by State agency, at which household could reach
appropriate representative of State agency.
Subsec. (e)(6). Pub. L. 104-193, Sec. 836, substituted ``(6) that--
'' for ``(6) that'', realigned margins of subpars. (A) and (B), in
subpar. (B) substituted ``Office of Personnel Management'' for ``United
States Civil Service Commission'', and struck out subpars. (C) to (E)
which read as follows: ``(C) the State agency shall provide a
continuing, comprehensive program of training for all personnel
undertaking such certification so that eligible households are promptly
and accurately certified to receive the allotments for which they are
eligible under this chapter; (D) the State agency, at its option, may
undertake intensive training to ensure that State agency personnel who
undertake the certification of households that include a member who
engages in farming are qualified to perform such certification; and (E)
at its option, the State agency may provide, or contract for the
provision of, training and assistance to persons working with volunteer
or nonprofit organizations that provide program information activities
or eligibility screening to persons potentially eligible for food
stamps;''.
Subsec. (e)(8). Pub. L. 104-193, Secs. 837, 844(b), in
introductory provisions, substituted ``except that--'' for ``except
that'', in subpar. (A), realigned margin, substituted ``the safeguards''
for ``such safeguards'' and semicolon for comma at end, in subpar. (B),
realigned margin and substituted ``chapter;'' for ``chapter, and'', in
subpar. (C), realigned margin, substituted ``the safeguards'' for ``such
safeguards'', struck out ``and excluding claims arising from an error of
the State agency, that has not been recovered pursuant to such section''
before ``, from Federal pay'', and inserted before semicolon at end ``or
a Federal income tax refund as authorized by section 3720A of title
31'', and added subpars. (D) and (E).
Subsec. (e)(9). Pub. L. 104-193, Sec. 838, in subpar. (A),
substituted ``7 days'' for ``five days'', redesignated subpar. (C) as
(B), substituted ``7 days'' for ``five days'', and struck out former
subpar. (B) which read as follows: ``provide coupons no later than five
days after the date of application to any household in which all members
are homeless individuals and that meets the income and resource criteria
for coupons under this chapter;'', and redesignated subpar. (D) as (C)
and substituted ``or (B)'' for ``, (B), or (C)''.
Subsec. (e)(10). Pub. L. 104-193, Sec. 839, inserted before
semicolon at end a period and ``At the option of a State, at any time
prior to a fair hearing determination under this paragraph, a household
may withdraw, orally or in writing, a request by the household for the
fair hearing. If the withdrawal request is an oral request, the State
agency shall provide a written notice to the household confirming the
withdrawal request and providing the household with an opportunity to
request a hearing''.
Subsec. (e)(14). Pub. L. 104-193, Sec. 835(1)(C), (D)(i),
redesignated par. (15) as (14) and struck out former par. (14) which
read as follows: ``that the State agency shall prominently display in
all food stamp and public assistance offices posters prepared or
obtained by the Secretary describing the information contained in
subparagraphs (A) through (D) of this paragraph and shall make available
in such offices for home use pamphlets prepared or obtained by the
Secretary listing (A) foods that contain substantial amounts of
recommended daily allowances of vitamins, minerals, and protein for
children and adults; (B) menus that combine such foods into meals; (C)
details on eligibility for other programs administered by the Secretary
that provide nutrition benefits; and (D) general information on the
relationship between health and diet;''.
Subsec. (e)(15) to (17). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (16) to (18) as (15) to (17), respectively. Former
par. (15) redesignated (14).
Subsec. (e)(18). Pub. L. 104-193, Sec. 840, substituted ``at the
option of the State agency, that information may be'' for ``that
information is'' and ``may be requested'' for ``shall be requested''.
Pub. L. 104-193, Sec. 835(1)(D)(i), redesignated par. (19) as (18).
Former par. (18) redesignated (17).
Subsec. (e)(19) to (22). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (20) to (23) as (19) to (22), respectively. Former
par. (19) redesignated (18).
Subsec. (e)(23). Pub. L. 104-193, Secs. 819(b)(1), 835(1)(D)(i),
redesignated par. (24) as (23) and struck out ``and'' at end. Former
par. (23) redesignated (22).
Subsec. (e)(24). Pub. L. 104-193, Sec. 835(1)(D)(ii), redesignated
par. (26) as (24). Former par. (24) redesignated (23).
Subsec. (e)(25). Pub. L. 104-193, Sec. 854(b), added par. (25).
Pub. L. 104-193, Secs. 819(b)(2), 835(1)(C), substituted
semicolon for concluding period and struck out par. (25) which read as
follows: ``a procedure for designating project areas or parts of project
areas that are rural and in which low-income persons face substantial
difficulties in obtaining transportation. The State agency shall
designate the areas according to procedures approved by the Secretary.
In each area so designated, the State agency shall provide for the
issuance of coupons by mail to all eligible households in the area,
except that any household with mail losses exceeding levels established
by the Secretary shall not be entitled to such a mailing and the State
agency shall not be required to issue coupons by mail in those
localities
[[Page 1061]]
within such area where the mail loss rates exceed standards set by the
Secretary.''
Subsec. (e)(26). Pub. L. 104-193, Sec. 835(1)(D)(ii), redesignated
par. (26) as (24).
Pub. L. 104-193, Sec. 819(b)(3), added par. (26).
Subsec. (g). Pub. L. 104-193, Sec. 848(b)(1), in first sentence,
struck out ``the Secretary's standards for the efficient and effective
administration of the program established under section 2025(b)(1) of
this title or'' before ``the requirements established pursuant to
section 2032''.
Subsec. (i). Pub. L. 104-193, Sec. 835(2)(A), inserted subsec.
heading.
Subsec. (i)(1). Pub. L. 104-193, Sec. 835(2)(A), designated portion
of existing provisions as par. (1), inserted heading, and substituted
``Notwithstanding any other provision of law,'' for ``Notwithstanding
any other provision of law, the Secretary, the Commissioner of Social
Security and the Secretary of Health and Human Services shall develop a
system by which (1) a single interview shall be conducted to determine
eligibility for the food stamp program and the aid to families with
dependent children program under part A of title IV of the Social
Security Act; (2)''.
Subsec. (i)(2). Pub. L. 104-193, Sec. 835(2)(B), substituted a
period, par. (2) designation, heading, and ``Except in a case of
disqualification as a penalty for failure to comply with a public
assistance program rule or regulation, no'' for ``; (3) households in
which all members are included in a federally aided public assistance or
State or local general assistance grant in a State that has a single
State-wide general assistance application form shall have their
application for participation in the food stamp program contained in the
public assistance or general assistance application form, and households
applying for a local general assistance grant in a local jurisdiction in
which the agency administering the general assistance program also
administers the food stamp program shall be provided an application for
participation in the food stamp program at the time of their application
for general assistance, along with information concerning how to apply
for the food stamp program; and (4) new applicants, as well as
households which have recently lost or been denied eligibility for
public assistance or general assistance, shall be certified for
participation in the food stamp program based on information in the
public assistance or general assistance case file to the extent that
reasonably verified information is available in such case file. In
addition to implementing paragraphs (1) through (4), the State agency
shall inform applicants for benefits under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that such applicants may
file, along with their application for such benefits, an application for
benefits under this chapter, and that if such applicants file, they
shall have a single interview for food stamps and for benefits under
part A of title IV of the Social Security Act. No''.
Subsec. (p). Pub. L. 104-193, Sec. 840(2), added subsec. (p).
1995--Subsec. (l). Pub. L. 104-66 struck out ``, and shall, upon
completion of the audit, provide a report to Congress of its findings
and recommendations within one hundred and eighty days'' after ``within
that State'' in first sentence.
1994--Subsec. (i). Pub. L. 103-296, Sec. 108(f)(3), inserted ``, the
Commissioner of Social Security'' after ``the Secretary'' in first
sentence.
Subsec. (j). Pub. L. 103-296, Sec. 108(f)(2), substituted
``Commissioner of Social Security'' for ``Secretary of Health and Human
Services'' wherever appearing.
1993--Subsec. (e)(8)(C). Pub. L. 103-66 added cl. (C).
1991--Subsec. (b). Pub. L. 102-237, Sec. 941(6), redesignated
subsec. (p) as (b) and transferred it to follow subsec. (a).
Subsec. (e)(2). Pub. L. 102-237, Sec. 941(5)(A), substituted a
semicolon for period at end.
Subsec. (e)(3)(D). Pub. L. 102-237, Sec. 941(5)(B)(i), substituted
``section 2015 of this title)'' for ``section 2015 of this title''.
Subsec. (e)(3)(E). Pub. L. 102-237, Sec. 941(5)(B)(ii), made
technical amendment to clarify alignment of margin of concluding
provisions.
Subsec. (e)(15). Pub. L. 102-237, Sec. 941(5)(C), substituted a
semicolon for period at end.
Subsec. (p). Pub. L. 102-237, Sec. 941(6), redesignated subsec. (p)
as (b) and transferred it to follow subsec. (a).
1990--Subsec. (e)(2). Pub. L. 101-624, Sec. 1736(1), substituted
``on or near its front cover) explanations'' for ``instructions'' in
third sentence.
Pub. L. 101-624, Sec. 1736(2), substituted ``The State agency shall
require that an adult representative of each household that is applying
for food stamp benefits shall certify in writing, under penalty of
perjury, that the information contained in the application is true and
that all members of the household are either citizens or are aliens
eligible to receive food stamps under section 2015(f) of this title. The
signature of the adult under this section shall be deemed sufficient to
comply with any provision of Federal law requiring household members to
sign the application or statements in connection with the application
process.'' for ``One adult member of a household that is applying for a
coupon allotment shall be required to certify in writing, under penalty
of perjury, the truth of the information contained in the application
for the allotment.''
Subsec. (e)(3)(E). Pub. L. 101-624, Sec. 1737, inserted before
semicolon at end a period followed by ``Under rules prescribed by the
Secretary, a State agency shall develop standard estimates of the
shelter expenses that may reasonably be expected to be incurred by
households in which all members are homeless but that are not receiving
free shelter throughout the month. The Secretary may issue regulations
to preclude the use of the estimates for households with extremely low
shelter costs for whom the following sentence shall not apply. A State
agency shall use the estimates in determining the allotments of the
households, unless a household verifies higher expenses''.
Subsec. (e)(21). Pub. L. 101-624, Sec. 1738(1), struck out ``and''
after ``within the State;''.
Subsec. (e)(22). Pub. L. 101-624, Sec. 1738(2), substituted
semicolon for period at end.
Subsec. (e)(25). Pub. L. 101-624, Sec. 1738(3)-(5), added par. (25).
Subsec. (f). Pub. L. 101-624, Sec. 1739, inserted first sentence and
struck out former first sentence which read as follows: ``To encourage
the purchase of nutritious foods, the Secretary is authorized to extend
food and nutrition education to reach food stamp program participants,
using the methods and techniques developed in the expanded food and
nutrition education and other programs.''
Subsec. (g). Pub. L. 101-624, Sec. 1763(b), inserted ``or the
requirements established pursuant to section 2032 of this title'' after
``section 2025(b)(1) of this title'' in first sentence.
Subsec. (i)(3). Pub. L. 101-624, Sec. 1740, inserted ``in a State
that has a single State-wide general assistance application form'' after
``grant'' and inserted before semicolon at end ``, and households
applying for a local general assistance grant in a local jurisdiction in
which the agency administering the general assistance program also
administers the food stamp program shall be provided an application for
participation in the food stamp program at the time of their application
for general assistance, along with information concerning how to apply
for the food stamp program''.
Subsec. (j)(1). Pub. L. 101-624, Sec. 1741, inserted ``supplemental
security income or'' after ``recipient of''.
1988--Subsec. (e)(1)(A). Pub. L. 100-435, Sec. 204(a), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``not conduct food stamp outreach activities with funds provided under
this chapter except, at the option of the State agency, food stamp
informational activities directed at homeless individuals; and''.
Subsec. (e)(2). Pub. L. 100-435, Sec. 310, inserted provisions
relating to brief, simply-written, and readable application forms.
Pub. L. 100-435, Sec. 330, substituted ``The State agency shall
waive in-office interviews, on a household's request, if a household is
unable to appoint an authorized
[[Page 1062]]
representative pursuant to paragraph (7) and has no adult household
members able to come to the appropriate State agency office because such
members are elderly, are mentally or physically handicapped, live in a
location not served by a certification office, or have transportation
difficulties or similar hardships as determined by the State agency
(including hardships due to residing in a rural area, illness, care of a
household member, prolonged severe weather, or work or training hours).
If an in-office interview is waived, the State agency may conduct a
telephone interview or a home visit. The State agency shall provide for
telephone contact by, mail delivery of forms to, and mail return of
forms by, households that have transportation difficulties or similar
hardships.'' for ``The State agency shall comply with the standards
established by the Secretary for telephone contact by, mail delivery of
forms to and mail return of forms by, and subsequent home or telephone
interview with, the elderly, physically or mentally handicapped, and
persons otherwise unable, solely because of transportation difficulties
and similar hardships, to appear in person at a certification office or
through a representative pursuant to paragraph (7) of this subsection,
so that such persons may have an adequate opportunity to be certified
properly;''.
Subsec. (e)(3). Pub. L. 100-435, Sec. 323, inserted provisions at
end relating to dissemination of statements describing reporting
responsibilities and telephone number to call State agency.
Pub. L. 100-435, Sec. 311, inserted cls. (A) to (E).
Subsec. (e)(6)(C). Pub. L. 100-435, Sec. 322(a), substituted ``shall
provide'' for ``shall undertake to provide'' and inserted ``so that
eligible households are promptly and accurately certified to receive the
allotments for which they are eligible under this chapter'' after ``such
certification''.
Subsec. (e)(6)(D). Pub. L. 100-435, Sec. 321(a), added cl. (D).
Subsec. (e)(6)(E). Pub. L. 100-435, Sec. 322(b), added cl. (E).
Subsec. (i). Pub. L. 100-435, Sec. 352, amended second sentence
generally. Prior to amendment, second sentence read as follows: ``Each
State agency shall implement clauses (1) and (2) and may implement
clause (3) or (4), or both such clauses.''
Subsec. (p). Pub. L. 100-435, Sec. 320, added subsec. (p).
1987--Subsec. (e)(1)(A). Pub. L. 100-77, Sec. 808(a), inserted
``except, at the option of the State agency, food stamp informational
activities directed at homeless individuals'' after ``this chapter''.
Subsec. (e)(9). Pub. L. 100-77, Sec. 809(a), added subpars. (B) and
(C), redesignated former subpar. (B) as (D), and directed the
substitution of ``a household referred to in subparagraph (A), (B), or
(C)'' for ``the household'' which was executed by making the
substitution for the first reference to ``the household'' as the
probable intent of Congress.
1985--Subsec. (e)(2). Pub. L. 99-198, Sec. 1529, inserted provision
directing the State agency to provide a method of certifying and issuing
coupons to eligible households that do not reside in permanent dwellings
or who do not have fixed mailing addresses and to take such steps as are
necessary to ensure that participation in the food stamp program is
limited to eligible households.
Pub. L. 99-198, Sec. 1525, inserted requirement that one adult
member of a household that is applying for a coupon allotment certify in
writing, under penalty of perjury, the truth of the information
contained in the application for the allotment.
Subsec. (e)(3). Pub. L. 99-198, Sec. 1527, struck out ``only'' after
``verification'', inserted ``, household size (in any case such size is
questionable,'', and substituted ``such other eligibility factors as the
State agency determines are necessary'' for ``any factors of eligibility
involving households that fall within the State agency's error-prone
household profiles as developed by the State agency from the error rate
reduction system conducted under section 2025 of this title and as
approved by the Secretary''.
Subsec. (e)(16). Pub. L. 99-198, Sec. 1528, substituted ``fourth
sentence'' for ``last sentence'', inserted ``and would be cost
effective'' after ``integrity'', and inserted provision authorizing the
State agency to permit a member of a household to comply with this
paragraph by presenting a photographic identification card used to
receive assistance under a welfare or public assistance program.
Subsec. (e)(22). Pub. L. 99-198, Sec. 1517(b), added par. (22).
Subsec. (e)(23). Pub. L. 99-198, Sec. 1526, added par. (23).
Subsec. (e)(24). Pub. L. 99-198, Sec. 1535(b)(1), added par. (24).
Subsec. (f). Pub. L. 99-198, Sec. 1530, inserted provisions
directing State agencies to encourage food stamp program participants to
participate in the expanded food and nutrition education program
conducted under section 343(d) of this title and any program established
under sections 3175a through 3175e of this title and, at the request of
personnel of such education program, allow personnel and information
materials of such education program to be placed in food stamp offices.
Subsec. (g). Pub. L. 99-198, Sec. 1537(c), inserted ``the State plan
for automated data processing submitted pursuant to subsection (o)(2) of
this section,'' and substituted ``sections 2025(a), 2025(c), and 2025(g)
of this title'' for ``sections 2025(a) and 2025(c) of this title''.
Subsec. (i). Pub. L. 99-198, Sec. 1531(a), in cl. (2) of first
sentence, inserted ``applicants for or'' after ``members are'' and
substituted ``informed of the availability of benefits under the food
stamp program and be assisted in making a simple application to
participate in such program'' for ``permitted to apply for participation
in the food stamp program by executing a simple application'', effective
Oct. 1, 1986.
Pub. L. 99-198, Sec. 1507(b), inserted sentence directing that no
household shall have its application to participate in the food stamp
program denied nor its benefits under the food stamp program terminated
solely on the basis that its application to participate has been denied
or its benefits have been terminated under any of the programs carried
out under the statutes specified in the second sentence of section
2014(a) of this title and without a separate determination by the State
agency that the household fails to satisfy the eligibility requirements
for participation in the food stamp program.
Subsec. (j). Pub. L. 99-198, Sec. 1531(b), amended subsec. (j)
generally, effective Oct. 1, 1986. Prior to amendment, subsec. (j) read
as follows: ``The Secretary, in conjunction with the Secretary of Health
and Human Services, is authorized to prescribe regulations permitting
applicants for and recipients of social security benefits to apply for
food stamps at social security offices and be certified for food stamp
eligibility in such offices in order that the application and
certification for food stamp assistance may be accomplished as
efficiently and conveniently as possible.''
Subsec. (o). Pub. L. 99-198, Sec. 1537(b), added subsec. (o).
1984--Subsec. (e)(19). Pub. L. 98-369 amended par. (19) generally.
Prior to amendment, par. (19) read as follows: ``that--
``(A) in any case in which information is available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act (42 U.S.C. 503(d)), the
information shall be requested and utilized by the State agency to
the extent permitted under such section; or
``(B) in any case in which information is not available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act--
``(i) information available from the Social Security
Administration under section 6103(l)(7) of title 26 shall be
requested and utilized by the State agency to the extent
permitted under such section; or
``(ii) similar information available from other sources
shall be requested and utilized by the State agency to the
extent approved by the Secretary and permitted by any law
controlling access to the information;''.
1983--Subsec. (e)(19). Pub. L. 98-204 amended par. (19) generally.
Prior to amendment, par. (19) read as fol
[[Page 1063]]
lows: ``that information available from the Social Security
Administration under the provisions of section 6103(i)(7) of title 26,
and information available from agencies administering State unemployment
compensation laws under the provisions of section 303(d) of the Social
Security Act, shall be requested and utilized by the State agency
(described in section 2012(n)(1) of this title), to the extent permitted
under the provisions of such sections, except that the State agency
shall not be required to request such information from the Social
Security Administration if such information is available from the agency
administering the State unemployment compensation laws;''.
1982--Subsec. (d). Pub. L. 97-253, Sec. 166, inserted provision that
the Secretary may not, as a part of the approval process for a plan of
operation, require a State to submit for prior approval by the Secretary
the State agency instructions to staff, interpretations of existing
policy, State agency methods of administration, forms used by the State
agency, or any materials, documents, memoranda, bulletins, or other
matter, unless the State determines that the materials, documents,
memoranda, bulletins, or other matter alter or amend the State plan of
operation or conflict with the rights and levels of benefits to which a
household is entitled.
Subsec. (e)(2). Pub. L. 97-253, Sec. 167(a), struck out ``points and
hours of certification, and for'' after ``Secretary for'' in last
sentence.
Subsec. (e)(3). Pub. L. 97-253, Sec. 180(b)(1), substituted
``section 2025(e) of this title'' for ``subsections (h) and (i) of
section 2025 of this title'' and ``error rate reduction system'' for
``quality control program'', respectively.
Subsec. (e)(7). Pub. L. 97-253, Sec. 168, substituted ``an'' for
``any'' wherever appearing and inserted provision that the Secretary may
restrict the number of households which may be represented by an
individual and otherwise establish criteria and verification standards
for representation under this paragraph.
Subsec. (e)(8). Pub. L. 97-253, Sec. 169, substituted ``,
regulations issued pursuant to this chapter, Federal assistance
programs, or federally assisted State programs'' for ``or the
regulations issued pursuant to this chapter''.
Subsec. (e)(9). Pub. L. 97-253, Sec. 170, added par. (9). Former
par. (9), which required that the State plan of operation provide that
households in immediate need because of no income as defined in section
2014(d) and (e) of this title would receive coupons on an expedited
basis, was struck out.
Subsec. (e)(10). Pub. L. 97-253, Sec. 171, inserted provision that
in any case in which the State agency receives from the household a
written statement containing information that clearly requires a
reduction or termination of the household's benefits, the State agency
may act immediately to reduce or terminate the household's benefits and
may provide notice of its action to the household as late as the date on
which the action becomes effective.
Subsec. (e)(13). Pub. L. 97-253, Secs. 167(b), 190(c)(1),
redesignated par. (14) as (13) and struck out former par. (13) which
provided that the State plan of operation provide for compliance with
standards set by the Secretary with respect to points and hours of
coupon issuance.
Subsec. (e)(14) to (21). Pub. L. 97-253, Sec. 190(c)(1),
redesignated pars. (14) to (22) as (13) to (21), respectively.
Subsec. (e)(22). Pub. L. 97-253, Secs. 172, 190(c)(1), added
par. (22) and redesignated it as par. (21).
Subsec. (i). Pub. L. 97-253, Secs. 173, 189(b)(2)(A), inserted
provision requiring each State agency to implement pars. (1) and (2),
and permitting each such agency to implement either par. (3) or (4), or
both, and substituted reference to the Secretary of Health and Human
Services for former reference to the Secretary of Health, Education, and
Welfare.
Subsec. (j). Pub. L. 97-253, Sec. 189(b)(2)(B), substituted
reference to the Secretary of Health and Human Services for former
reference to the Secretary of Health, Education, and Welfare.
Subsec. (n). Pub. L. 97-253, Sec. 174, added subsec. (n).
1981--Subsec. (b). Pub. L. 97-98, Sec. 1316, struck out subsec. (b)
which provided that certification of a household as eligible in any
political subdivision, in the event of removal of such household to
another political subdivision in which the food stamp program is
operating, remains valid for participation in the food stamp program for
a period of sixty days from the date of such removal.
Subsec. (e)(1). Pub. L. 97-35 added cl. (A) and redesignated cl. (C)
as (B). Former cls. (A) and (B), relating to informing low-income
households about the program, and conducting other outreach activities,
respectively, were struck out.
Subsec. (e)(2). Pub. L. 97-98, Sec. 1317, inserted provision that
the application contain in understandable terms and in prominent and
boldface lettering a statement that the information provided by the
applicant is subject to verification and if incorrect the applicant may
be subject to denial of food stamps and criminal prosecution.
Subsec. (e)(4). Pub. L. 97-98, Sec. 1318, substituted ``prior to''
for ``immediately prior to or at'' and ``advising the household'' for
``advising it''.
Subsec. (e)(8). Pub. L. 97-98, Sec. 1319, inserted provision that
such safeguards not prevent the use or disclosure of such information to
the Comptroller General of the United States for audit and examination
authorized by any other provision of law and that, notwithstanding any
other provision of law, all information obtained under this chapter from
an applicant household be available to local, State, or Federal law
enforcement officials for the purpose of investigating an alleged
violation of this chapter or any regulation issued under this chapter.
Subsec. (e)(11). Pub. L. 97-98, Sec. 1320(a), inserted provision
that allotments not be restored for any period of time more than one
year prior to the date the State agency receives a request for such
restoration from a household or the State agency is notified or
otherwise discovers that a loss to a household has occurred.
Subsec. (e)(20), (21). Pub. L. 97-98, Sec. 1321, added pars. (20)
and (21).
Subsec. (f). Pub. L. 97-98, Sec. 1322, substituted ``is authorized
to extend food and nutrition education to reach food stamp participants,
using methods and techniques developed in the expanded food and
nutrition education and other programs'' for ``shall extend the expanded
food and nutrition education program to the greatest extent possible to
reach food stamp program participants'' and struck out provision that
the program be supplemented by the development of single concept printed
materials, specifically designed for persons with low reading and
comprehension levels, on how to buy and prepare more nutritious and
economical meals and on the relationship between food and good health.
Subsec. (m). Pub. L. 97-98, Sec. 1323, added subsec. (m).
1980--Subsec. (e)(3). Pub. L. 96-249, Sec. 116, inserted ``(in part
through the use of the information, if any, obtained under subsections
(h) and (i) of section 2025 of this title)'' after ``section 2014(d) of
this title'' and ``although the State agency may verify prior to
certification, whether questionable or not, the size of any applicant
household and any factors of eligibility involving households that fall
within the State agency's error-prone household profiles as developed by
the State agency from the quality control program conducted under
section 2025 of this title and as approved by the Secretary'' after
``sections 2014 and 2015 of this title,''.
Subsec. (e)(4). Pub. L. 96-249, Sec. 113, inserted proviso that the
timeliness standards for submitting the notice of expiration and filing
an application for recertification may be modified by the Secretary in
light of sections 2014(f)(2) and 2015(c) of this title if
administratively necessary.
Subsec. (e)(17) to (19). Pub. L. 96-249, Secs. 117-119, added
pars. (17) to (19).
Subsec. (g). Pub. L. 96-249, Sec. 120, inserted ``, upon information
received by the Secretary, investigation ini
[[Page 1064]]
tiated by the Secretary, or investigation that the Secretary shall
initiate upon receiving sufficient information evidencing a pattern of
lack of compliance by a State agency of a type specified in this
subsection,'' after ``the Secretary determines'', ``without good cause''
after ``to comply'', ``or the Secretary's standards for the efficient
and effective administration of the program established under section
2025(b)(1) of this title'' after ``subsection (d) of this section,'',
and ``, and whether or not the Secretary refers such matter to the
Attorney General, the Secretary shall proceed to withhold from the State
such funds authorized under sections 2025(a) and (c) of this title as
the Secretary determines to be appropriate, subject to administrative
and judicial review under section 2023 of this title'' after ``relief
shall issue''.
Subsec. (i)(2). Pub. L. 96-249, Sec. 122, substituted ``simple
application'' for ``simplified affidavit''.
Subsec. (l). Pub. L. 96-249, Sec. 123, added subsec. (l).
1977--Pub. L. 95-113 substituted revised provisions relating to the
administration of the program for provisions relating to the
disqualification of retail stores and wholesale concerns which are now
covered by section 2021 of this title.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108-265 effective July 1, 2005, see section
502(b)(4) of Pub. L. 108-265, set out as an Effective Date note under
section 1754 of Title 42, The Public Health and Welfare.
Effective Date of 2002 Amendment
Pub. L. 107-171, title IV, Sec. 4114(b), May 13, 2002, 116 Stat.
314, provided that: ``The amendments made by this section [amending this
section] take effect 18 months after the date of enactment of this Act
[May 13, 2002].''
Amendment by sections 4115(a) and 4116(a) of Pub. L. 107-171
effective Oct. 1, 2002, except as otherwise provided, see section 4405
of Pub. L. 107-171, set out as an Effective Date note under section 1161
of Title 2, The Congress.
Effective Date of 1998 Amendment
Pub. L. 105-379, Sec. 1(c), Nov. 12, 1998, 112 Stat. 3399, provided
that: ``This section [amending this section and enacting provisions set
out as a note below] and the amendments made by this section take effect
on June 1, 2000.''
Effective Date of 1997 Amendment
Section 1003(a)(3) of Pub. L. 105-33 provided that:
``(A) In general.--Except as provided in subparagraph (B), the
amendments made by this subsection [amending this section] shall take
effect on the date that is 1 year after the date of enactment of this
Act [Aug. 5, 1997].
``(B) Extension.--The Secretary of Agriculture may grant a State an
extension of time to comply with the amendments made by this subsection,
not to exceed beyond the date that is 2 years after the date of
enactment of this Act, if the chief executive officer of the State
submits a request for the extension to the Secretary--
``(i) stating the reasons why the State is not able to comply
with the amendments made by this subsection by the date that is 1
year after the date of enactment of this Act;
``(ii) providing evidence that the State is making a good faith
effort to comply with the amendments made by this subsection as soon
as practicable; and
``(iii) detailing a plan to bring the State into compliance with
the amendments made by this subsection as soon as practicable but
not later than the date of the requested extension.''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title
42, The Public Health and Welfare.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-66 effective, and to be implemented
beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103-66, set
out as a note under section 2025 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set
out as a note under section 1421 of this title.
Effective Date of 1990 Amendment
Amendment by sections 1736(1), 1737, 1738, 1740, and 1741 of Pub. L.
101-624 effective and implemented first day of month beginning 120 days
after publication of implementing regulations to be promulgated not
later than Oct. 1, 1991, amendment by section 1736(2) of Pub. L. 101-624
effective and implemented first day of month beginning 120 days after
promulgation of implementing regulations to be promulgated not later
than Apr. 1, 1991, and amendment by sections 1739 and 1763(b) of Pub. L.
101-624 effective Nov. 28, 1990, see section 1781(a), (b)(2), (3) of
Pub. L. 101-624, set out as a note under section 2012 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-435 to be effective and implemented on July
1, 1989, except that amendment by sections 204(a), 310, 311, 321(a),
322, 323, and 352 of Pub. L. 100-435 to become effective and implemented
on Oct. 1, 1989, if final order is issued under section 902(b) of Title
2, The Congress, for fiscal year 1989 making reductions and
sequestrations specified in the report required under section
901(a)(3)(A) of Title 2, see section 701(b)(4), (c)(2) of Pub. L. 100-
435, set out as a note under section 2012 of this title.
Effective Date of 1987 Amendment
Section 809(b) of Pub. L. 100-77 provided that: ``The amendments
made by this section [amending this section] shall become effective and
be implemented as soon as the Secretary of Agriculture determines is
practicable after the date of enactment of this Act [July 22, 1987], but
not later than 160 days after the date of enactment of this Act.''
Effective Date of 1985 Amendment
Section 1531(a), (b) of Pub. L. 99-198 provided that the amendments
made by that section are effective Oct. 1, 1986.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-369 effective Apr. 1, 1985, unless a waiver
has been granted to a State to delay effective date but in no event
beyond Sept. 30, 1986, see section 2651(l)(2) of Pub. L. 98-369, set out
as a note under section 1320b-7 of Title 42, The Public Health and
Welfare.
Effective Date of 1982 Amendment
Amendments by sections 166 to 174, 189(b)(2), and 190(c)(1) of Pub.
L. 97-253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97-253,
set out as a note under section 2012 of this title.
Amendment by section 180(b)(1) of Pub. L. 97-253 effective Oct. 1,
1982, see section 193(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Effective Date of 1981 Amendments
Amendment by Pub. L. 97-35 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 117 of Pub. L.
97-35, set out as a note under section 2012 of this title, see section
192(a) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
[[Page 1065]]
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 1338 of Pub. L.
97-98, set out as a note under section 2012 of this title, see section
192(b) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary of
Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a note
under section 2012 of this title.
Amendment by Pub. L. 97-35 effective and implemented upon such dates
as Secretary of Agriculture may prescribe, taking into account need for
orderly implementation, see section 117 of Pub. L. 97-35, set out as a
note under section 2012 of this title.
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95-113 provided that the amendment made by
that section is effective Oct. 1, 1977.
Regulations
Secretary of Agriculture to promulgate regulations necessary to
implement amendment of this section by Pub. L. 105-33, not later than
one year after Aug. 5, 1997, see Sec. 1005(a) of Pub. L. 105-33 set out
as a note under section 2015 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
Report
Pub. L. 105-379, Sec. 1(b), Nov. 12, 1998, 112 Stat. 3399, provided
that: ``Not later than September 1, 2000, the Secretary of Agriculture
shall submit a report regarding the progress and effectiveness of the
cooperative arrangements entered into by State agencies under section
11(r) of the Food Stamp Act of 1977 (7 U.S.C. 2020(r)) (as added by
subsection (a)) to--
``(1) the Committee on Agriculture of the House of
Representatives;
``(2) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
``(3) the Committee on Ways and Means of the House of
Representatives;
``(4) the Committee on Finance of the Senate; and
``(5) the Secretary of the Treasury.''
Audit of Simplified Food Stamp Application at Social Security
Administration Offices
Section 1742 of Pub. L. 101-624 directed Comptroller General to
conduct an audit of programs established under 7 U.S.C. 2020(i) and (j)
under which an applicant for or recipient of social security benefits
may make or be provided a simple application to participate in the food
stamp program at social security offices, and, not later than Dec. 31,
1991, deliver a report on results of study to Committee on Agriculture
of House of Representatives, Committee on Agriculture, Nutrition, and
Forestry of Senate, and Special Committee on Aging of Senate.
Ex. Ord. No. 12116. Issuance of Food Stamps by Postal Service
Ex. Ord. No. 12116, Jan. 19, 1979, 44 F.R. 4647, provided:
By the authority vested in me as President of the United States of
America by Section 11(k) of the Food Stamp Act of 1977 (91 Stat. 974; 7
U.S.C. 2020(k)), the United States Postal Service is hereby granted
approval for post offices in all or part of any State to issue food
stamps to eligible households, upon request by the appropriate State
agency, as defined in Section 3(n) of the Food Stamp Act of 1977 (91
Stat. 960; 7 U.S.C. 2012(n)).
Jimmy Carter.
(e) Requisites of State plan of operation
The State plan of operation required under subsection (d) of this
section shall provide, among such other provisions as may be required by
regulation--
(1) that the State agency shall (A) at the option of the State
agency, inform low-income households about the availability,
eligibility requirements, application procedures, and benefits of
the food stamp program; and (B) use appropriate bilingual personnel
and printed material in the administration of the program in those
portions of political subdivisions in the State in which a
substantial number of members of low-income households speak a
language other than English;
(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State agency
determines best serve households in the State, including households
with special needs, such as households with elderly or disabled
members, households in rural areas with low-income members, homeless
individuals, households residing on reservations, and households in
areas in which a substantial number of members of low-income
households speak a language other than English.
(B) In carrying out subparagraph (A), a State agency--
(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
(ii)(I) shall develop an application containing the
information necessary to comply with this chapter; and
(II) if the State agency maintains a website for the State
agency, shall make the application available on the website in
each language in which the State agency makes a printed
application available;
(iii) shall permit an applicant household to apply to
participate in the program on the
[[Page 1053]]
same day that the household first contacts a food stamp office
in person during office hours;
(iv) shall consider an application that contains the name,
address, and signature of the applicant to be filed on the date
the applicant submits the application;
(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that--
(I) the information contained in the application is
true; and
(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 2015(f)
of this title;
(vi) shall provide a method of certifying and issuing
coupons to eligible homeless individuals, to ensure that
participation in the food stamp program is limited to eligible
households; and
(vii) may establish operating procedures that vary for local
food stamp offices to reflect regional and local differences
within the State.
(C) Nothing in this chapter shall prohibit the use of signatures
provided and maintained electronically, storage of records using
automated retrieval systems only, or any other feature of a State
agency's application system that does not rely exclusively on the
collection and retention of paper applications or other records.
(D) The signature of any adult under this paragraph shall be
considered sufficient to comply with any provision of Federal law
requiring a household member to sign an application or statement;
(3) that the State agency shall thereafter promptly determine
the eligibility of each applicant household by way of verification
of income other than that determined to be excluded by section
2014(d) of this title (in part through the use of the information,
if any, obtained under section 2025(e) of this title), household
size (in any case such size is questionable), and such other
eligibility factors as the Secretary determines to be necessary to
implement sections 2014 and 2015 of this title, although the State
agency may verify prior to certification, whether questionable or
not, the size of any applicant household and such other eligibility
factors as the State agency determines are necessary, so as to
complete certification of and provide an allotment retroactive to
the period of application to any eligible household not later than
thirty days following its filing of an application, and that the
State agency shall provide each applicant household, at the time of
application, a clear written statement explaining what acts the
household must perform to cooperate in obtaining verification and
otherwise completing the application process;
(4) that the State agency shall insure that each participating
household receive a notice of expiration of its certification prior
to the start of the last month of its certification period advising
the household that it must submit a new application in order to
renew its eligibility for a new certification period and, further,
that each such household which seeks to be certified another time or
more times thereafter by filing an application for such
recertification no later than fifteen days prior to the day upon
which its existing certification period expires shall, if found to
be still eligible, receive its allotment no later than one month
after the receipt of the last allotment issued to it pursuant to its
prior certification, but if such household is found to be ineligible
or to be eligible for a smaller allotment during the new
certification period it shall not continue to participate and
receive benefits on the basis authorized for the preceding
certification period even if it makes a timely request for a fair
hearing pursuant to paragraph (10) of this subsection: Provided,
That the timeliness standards for submitting the notice of
expiration and filing an application for recertification may be
modified by the Secretary in light of sections 2014(f)(2) and
2015(c) of this title if administratively necessary;
(5) the specific standards to be used in determining the
eligibility of applicant households which shall be in accordance
with sections 2014 and 2015 of this title and shall include no
additional requirements imposed by the State agency;
(6) that--
(A) the State agency shall undertake the certification of
applicant households in accordance with the general procedures
prescribed by the Secretary in the regulations issued pursuant
to this chapter; and
(B) the State agency personnel utilized in undertaking such
certification shall be employed in accordance with the current
standards for a Merit System of Personnel Administration or any
standards later prescribed by the Office of Personnel Management
pursuant to section 4728 of title 42 modifying or superseding
such standards relating to the establishment and maintenance of
personnel standards on a merit basis;
(7) that an applicant household may be represented in the
certification process and that an eligible household may be
represented in coupon issuance or food purchase by a person other
than a member of the household so long as that person has been
clearly designated as the representative of that household for that
purpose by the head of the household or the spouse of the head, and,
where the certification process is concerned, the representative is
an adult who is sufficiently aware of relevant household
circumstances, except that the Secretary may restrict the number of
households which may be represented by an individual and otherwise
establish criteria and verification standards for representation
under this paragraph;
(8) safeguards which limit the use or disclosure of information
obtained from applicant households to persons directly connected
with the administration or enforcement of the provisions of this
chapter, regulations issued pursuant to this chapter, Federal
assistance programs, or federally assisted State programs, except
that--
(A) the safeguards shall not prevent the use or disclosure
of such information to the
[[Page 1054]]
Comptroller General of the United States for audit and
examination authorized by any other provision of law;
(B) notwithstanding any other provision of law, all
information obtained under this chapter from an applicant
household shall be made available, upon request, to local, State
or Federal law enforcement officials for the purpose of
investigating an alleged violation of this chapter or any
regulation issued under this chapter;
(C) the safeguards shall not prevent the use by, or
disclosure of such information, to agencies of the Federal
Government (including the United States Postal Service) for
purposes of collecting the amount of an overissuance of coupons,
as determined under section 2022(b) of this title, from Federal
pay (including salaries and pensions) as authorized pursuant to
section 5514 of title 5 or a Federal income tax refund as
authorized by section 3720A of title 31;
(D) notwithstanding any other provision of law, the address,
social security number, and, if available, photograph of any
member of a household shall be made available, on request, to
any Federal, State, or local law enforcement officer if the
officer furnishes the State agency with the name of the member
and notifies the agency that--
(i) the member--
(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the
member is fleeing, is a felony (or, in the case of New
Jersey, a high misdemeanor), or is violating a condition
of probation or parole imposed under Federal or State
law; or
(II) has information that is necessary for the
officer to conduct an official duty related to subclause
(I);
(ii) locating or apprehending the member is an official
duty; and
(iii) the request is being made in the proper exercise
of an official duty; and
(E) the safeguards shall not prevent compliance with
paragraph (16) or (20)(B);
(9) that the State agency shall--
(A) provide coupons no later than 7 days after the date of
application to any household which--
(i)(I) has gross income that is less than $150 per
month; or
(II) is a destitute migrant or a seasonal farmworker
household in accordance with the regulations governing such
households in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(B) provide coupons no later than 7 days after the date of
application to any household that has a combined gross income
and liquid resources that is less than the monthly rent, or
mortgage, and utilities of the household; and
(C) to the extent practicable, verify the income and liquid
resources of a household referred to in subparagraph (A) or (B)
prior to issuance of coupons to the household;
(10) for the granting of a fair hearing and a prompt
determination thereafter to any household aggrieved by the action of
the State agency under any provision of its plan of operation as it
affects the participation of such household in the food stamp
program or by a claim against the household for an overissuance:
Provided, That any household which timely requests such a fair
hearing after receiving individual notice of agency action reducing
or terminating its benefits within the household's certification
period shall continue to participate and receive benefits on the
basis authorized immediately prior to the notice of adverse action
until such time as the fair hearing is completed and an adverse
decision rendered or until such time as the household's
certification period terminates, whichever occurs earlier, except
that in any case in which the State agency receives from the
household a written statement containing information that clearly
requires a reduction or termination of the household's benefits, the
State agency may act immediately to reduce or terminate the
household's benefits and may provide notice of its action to the
household as late as the date on which the action becomes effective.
At the option of a State, at any time prior to a fair hearing
determination under this paragraph, a household may withdraw, orally
or in writing, a request by the household for the fair hearing. If
the withdrawal request is an oral request, the State agency shall
provide a written notice to the household confirming the withdrawal
request and providing the household with an opportunity to request a
hearing;
(11) upon receipt of a request from a household, for the prompt
restoration in the form of coupons to a household of any allotment
or portion thereof which has been wrongfully denied or terminated,
except that allotments shall not be restored for any period of time
more than one year prior to the date the State agency receives a
request for such restoration from a household or the State agency is
notified or otherwise discovers that a loss to a household has
occurred;
(12) for the submission of such reports and other information as
from time to time may be required by the Secretary;
(13) for indicators of expected performance in the
administration of the program;
(14) that the State agency shall specify a plan of operation for
providing food stamps for households that are victims of a disaster;
that such plan shall include, but not be limited to, procedures for
informing the public about the disaster program and how to apply for
its benefits, coordination with Federal and private disaster relief
agencies and local government officials, application procedures to
reduce hardship and inconvenience and deter fraud, and instruction
of caseworkers in procedures for implementing and operating the
disaster program;
(15) that the State agency shall require each household
certified as eligible to participate by methods other than the out-
of-office meth
[[Page 1055]]
ods specified in the fourth sentence of paragraph (2) of this
subsection in those project areas or parts of project areas in which
the Secretary, in consultation with the Department's Inspector
General, finds that it would be useful to protect the program's
integrity and would be cost effective, to present a photographic
identification card when using its authorization card in order to
receive its coupons. The State agency may permit a member of a
household to comply with this paragraph by presenting a photographic
identification card used to receive assistance under a welfare or
public assistance program;
(16) notwithstanding paragraph (8) of this subsection, for the
immediate reporting to the Immigration and Naturalization Service by
the State agency of a determination by personnel responsible for the
certification or recertification of households that any member of a
household is ineligible to receive food stamps because that member
is present in the United States in violation of the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.];
(17) at the option of the State agency, for the establishment
and operation of an automatic data processing and information
retrieval system that meets such conditions as the Secretary may
prescribe and that is designed to provide efficient and effective
administration of the food stamp program;
(18) at the option of the State agency, that information may be
requested and exchanged for purposes of income and eligibility
verification in accordance with a State system which meets the
requirements of section 1320b-7 of title 42 and that any additional
information available from agencies administering State unemployment
compensation laws under the provisions of section 503(d) of title 42
may be requested and utilized by the State agency (described in
section 2012(n)(1) of this title) to the extent permitted under the
provisions of section 503(d) of title 42;
(19) that, in project areas or parts thereof where authorization
cards are used, and eligible households are required to present
photographic identification cards in order to receive their coupons,
the State agency shall include, in any agreement or contract with a
coupon issuer, a provision that (A) the issuer shall (i) require the
presenter to furnish a photographic identification card at the time
the authorization card is presented, and (ii) record on the
authorization card the identification number shown on the
photographic identification card; and (B) if the State agency
determines that the authorization card has been stolen or otherwise
was not received by a household certified as eligible, the issuer
shall be liable to the State agency for the face value of any
coupons issued in the transaction in which such card is used and the
issuer fails to comply with the requirements of clause (A) of this
paragraph;
(20) that the State agency shall establish a system and take
action on a periodic basis--
(A) to verify and otherwise ensure that an individual does
not receive coupons in more than 1 jurisdiction within the
State; and
(B) to verify and otherwise ensure that an individual who is
placed under detention in a Federal, State, or local penal,
correctional, or other detention facility for more than 30 days
shall not be eligible to participate in the food stamp program
as a member of any household, except that--
(i) the Secretary may determine that extraordinary
circumstances make it impracticable for the State agency to
obtain information necessary to discontinue inclusion of the
individual; and
(ii) a State agency that obtains information collected
under section 1382(e)(1)(I)(i)(I) of title 42 pursuant to
section 1382(e)(1)(I)(ii)(II) of title 42, or under another
program determined by the Secretary to be comparable to the
program carried out under that section, shall be considered
in compliance with this subparagraph.
(21) the plans of the State agency for carrying out employment
and training programs under section 2015(d)(4) of this title,
including the nature and extent of such programs, the geographic
areas and households to be covered under such program, and the
basis, including any cost information, for exemptions of categories
and individuals and for the choice of employment and training
program components reflected in the plans;
(22) in a project area in which 5,000 or more households
participate in the food stamp program, for the establishment and
operation of a unit for the detection of fraud in the food stamp
program, including the investigation, and assistance in the
prosecution, of such fraud;
(23) at the option of the State, for procedures necessary to
obtain payment of uncollected overissuance of coupons from
unemployment compensation pursuant to section 2022(c) of this title;
(24) the guidelines the State agency uses in carrying out
section 2015(i) of this title; and
(25) if a State elects to carry out a Simplified Food Stamp
Program under section 2035 of this title, the plans of the State
agency for operating the program, including--
(A) the rules and procedures to be followed by the State
agency to determine food stamp benefits;
(B) how the State agency will address the needs of
households that experience high shelter costs in relation to the
incomes of the households; and
(C) a description of the method by which the State agency
will carry out a quality control system under section 2025(c) of
this title.
(f) Nutrition education
(1) In general
To encourage the purchase, preparation, and consumption of
nutritious foods, the Secretary is authorized to assign
responsibility for the nutrition education of individuals eligible
for food stamps, or the program for the distribution of commodities
on reservations, to the Cooperative Extension Service, in
cooperation with the Food and Nutrition Service. State agencies
shall encourage food stamp program participants to participate in
the ex
[[Page 1056]]
panded food and nutrition education program conducted under section
343(d) of this title, and any program established under sections
3175a through 3175e of this title. At the request of personnel of
such education program, State agencies, wherever practicable, shall
allow personnel and information materials of such education program
to be placed in food stamp offices.
(2) Grants
(A) In general
The Secretary shall make available not more than $600,000
for each of fiscal years 1998 through 2001 to pay the Federal
share of grants made to eligible private nonprofit organizations
and State agencies to carry out subparagraph (B).
(B) Eligibility
A private nonprofit organization or State agency shall be
eligible to receive a grant under subparagraph (A) if the
organization or agency agrees--
(i) to use the funds to direct a collaborative effort to
coordinate and integrate nutrition education into health,
nutrition, social service, and food distribution programs
for food stamp participants and other low-income households;
and
(ii) to design the collaborative effort to reach large
numbers of food stamp participants and other low-income
households through a network of organizations, including
schools, child care centers, farmers' markets, health
clinics, and outpatient education services.
(C) Preference
In deciding between 2 or more private nonprofit
organizations or State agencies that are eligible to receive a
grant under subparagraph (B), the Secretary shall give a
preference to an organization or agency that conducted a
collaborative effort described in subparagraph (B) and received
funding for the collaborative effort from the Secretary before
August 5, 1997.
(D) Federal share
(i) In general
Subject to subparagraph (E), the Federal share of a
grant under this paragraph shall be 50 percent.
(ii) No in-kind contributions
The non-Federal share of a grant under this paragraph
shall be in cash.
(iii) Private funds
The non-Federal share of a grant under this paragraph
may include amounts from private nongovernmental sources.
(E) Limit on individual grant
The Federal share of a grant under subparagraph (A) may not
exceed $200,000 for a fiscal year.
(g) State noncompliance; correction of failures
If the Secretary determines, upon information received by the
Secretary, investigation initiated by the Secretary, or investigation
that the Secretary shall initiate upon receiving sufficient information
evidencing a pattern of lack of compliance by a State agency of a type
specified in this subsection, that in the administration of the food
stamp program there is a failure by a State agency without good cause to
comply with any of the provisions of this chapter, the regulations
issued pursuant to this chapter, the State plan of operation submitted
pursuant to subsection (d) of this section, the State plan for automated
data processing submitted pursuant to subsection (o)(2) of this section,
or the requirements established pursuant to section 2032 of this title
the Secretary shall immediately inform such State agency of such failure
and shall allow the State agency a specified period of time for the
correction of such failure. If the State agency does not correct such
failure within that specified period, the Secretary may refer the matter
to the Attorney General with a request that injunctive relief be sought
to require compliance forthwith by the State agency and, upon suit by
the Attorney General in an appropriate district court of the United
States having jurisdiction of the geographic area in which the State
agency is located and a showing that noncompliance has occurred,
appropriate injunctive relief shall issue, and, whether or not the
Secretary refers such matter to the Attorney General, the Secretary
shall proceed to withhold from the State such funds authorized under
sections 2025(a), 2025(c), and 2025(g) of this title as the Secretary
determines to be appropriate, subject to administrative and judicial
review under section 2023 of this title.
(h) Deposit by State to cover fraudulently or negligently issued coupons
If the Secretary determines that there has been negligence or fraud
on the part of the State agency in the certification of applicant
households, the State shall, upon request of the Secretary, deposit into
the Treasury of the United States, a sum equal to the face value of any
coupon or coupons issued as a result of such negligence or fraud.
(i) Application and denial procedures
(1) Application procedures
Notwithstanding any other provision of law, households in which
all members are applicants for or recipients of supplemental
security income shall be informed of the availability of benefits
under the food stamp program and be assisted in making a simple
application to participate in such program at the social security
office and be certified for eligibility utilizing information
contained in files of the Social Security Administration.
(2) Denial and termination
Except in a case of disqualification as a penalty for failure to
comply with a public assistance program rule or regulation, no
household shall have its application to participate in the food
stamp program denied nor its benefits under the food stamp program
terminated solely on the basis that its application to participate
has been denied or its benefits have been terminated under any of
the programs carried out under the statutes specified in the second
sentence of section 2014(a) of this title
[[Page 1057]]
and without a separate determination by the State agency that the
household fails to satisfy the eligibility requirements for
participation in the food stamp program.
(j) Notice of availability of benefits and applications; revision of
memorandum of understanding
(1) Any individual who is an applicant for or recipient of
supplemental security income or social security benefits (under
regulations prescribed by the Secretary in conjunction with the
Commissioner of Social Security) shall be informed of the availability
of benefits under the food stamp program and informed of the
availability of a simple application to participate in such program at
the social security office.
(2) The Secretary and the Commissioner of Social Security shall
revise the memorandum of understanding in effect on December 23, 1985,
regarding services to be provided in social security offices under this
subsection and subsection (i) of this section, in a manner to ensure
that--
(A) applicants for and recipients of social security benefits
are adequately notified in social security offices that assistance
may be available to them under this chapter;
(B) applications for assistance under this chapter from
households in which all members are applicants for or recipients of
supplemental security income will be forwarded immediately to the
State agency in an efficient and timely manner; and
(C) the Commissioner of Social Security receives from the
Secretary reimbursement for costs incurred to provide such services.
(k) Use of post offices
Subject to the approval of the President, post offices in all or
part of the State may issue, upon request by the State agency, food
stamps to eligible households.
(l) Special financial audit review of high participation States
Whenever the ratio of a State's average food stamp participation in
any quarter of a fiscal year to the State's total population in that
quarter (estimated on the basis of the latest available population
estimates as provided by the Department of Commerce, Bureau of the
Census, Series P-25, Current Population Reports (or its successor
series)) exceeds 60 per centum, the Office of the Inspector General of
the Department of Agriculture shall immediately schedule a financial
audit review of a sample of project areas within that State. Any
financial audit review subsequent to the first such review, required
under the preceding sentence, shall be conducted at the option of the
Office of the Inspector General.
(m) Alaskan fee agents; use and services
The Secretary shall provide for the use of fee agents in rural
Alaska. As used in this subsection ``fee agent'' means a paid agent who,
although not a State employee, is authorized by the State to make
applications available to low-income households, assist in the
completion of applications, conduct required interviews, secure required
verification, forward completed applications and supporting
documentation to the State agency, and provide other services as
required by the State agency. Such services shall not include making
final decisions on household eligibility or benefit levels.
(n) Verification by State agencies
The Secretary shall require State agencies to conduct verification
and implement other measures where necessary, but no less often than
annually, to assure that an individual does not receive both coupons and
benefits or payments referred to in section 2015(g) of this title or
both coupons and assistance provided in lieu of coupons under section
2026(b)(1) of this title.
(o) Data processing systems; model plan; comprehensive automation and
computerization; State plans; evaluation and report to Congress;
corrective measures by State; time for implementation
(1) The Secretary shall develop, after consultation with, and with
the assistance of, an advisory group of State agencies appointed by the
Secretary without regard to the provisions of the Federal Advisory
Committee Act, a model plan for the comprehensive automation of data
processing and computerization of information systems under the food
stamp program. The plan shall be developed and made available for public
comment through publication of the proposed plan in the Federal Register
not later than October 1, 1986. The Secretary shall complete the plan,
taking into consideration public comments received, not later than
February 1, 1987. The elements of the plan may include intake
procedures, eligibility determinations and calculation of benefits,
verification procedures, coordination with related Federal and State
programs, the issuance of benefits, reconciliation procedures, the
generation of notices, and program reporting. In developing the plan,
the Secretary shall take into account automated data processing and
information systems already in existence in States and shall provide for
consistency with such systems.
(2) Not later than October 1, 1987, each State agency shall develop
and submit to the Secretary for approval a plan for the use of an
automated data processing and information retrieval system to administer
the food stamp program in such State. The State plan shall take into
consideration the model plan developed by the Secretary under paragraph
(1) and shall provide time frames for completion of various phases of
the State plan. If a State agency already has a sufficient automated
data processing and information retrieval system, the State plan may,
subject to the Secretary's approval, reflect the existing State system.
(3) Not later than April 1, 1988, the Secretary shall prepare and
submit to Congress an evaluation of the degree and sufficiency of each
State's automated data processing and computerized information systems
for the administration of the food stamp program, including State plans
submitted under paragraph (2). Such report shall include an analysis of
additional steps needed for States to achieve effective and cost-
efficient data processing and information systems. The Secretary,
thereafter, shall periodically update such report.
(4) Based on the Secretary's findings in such report submitted under
paragraph (3), the Sec
[[Page 1058]]
retary may require a State agency, as necessary to rectify identified
shortcomings in the administration of the food stamp program in the
State, except where such direction would displace State initiatives
already under way, to take specified steps to automate data processing
systems or computerize information systems for the administration of the
food stamp program in the State if the Secretary finds that, in the
absence of such systems, there will be program accountability or
integrity problems that will substantially affect the administration of
the food stamp program in the State.
(5)(A) Subject to subparagraph (B), in the case of a plan for an
automated data processing and information retrieval system submitted by
a State agency to the Secretary under paragraph (2), such State agency
shall--
(i) commence implementation of its plan not later than October
1, 1988; and
(ii) meet the time frames set forth in the plan.
(B) The Secretary shall extend a deadline imposed under subparagraph
(A) to the extent the Secretary deems appropriate based on the
Secretary's finding of a good faith effort of a State agency to
implement its plan in accordance with subparagraph (A).
(p) State verification option
Notwithstanding any other provision of law, in carrying out the food
stamp program, a State agency shall not be required to use an income and
eligibility or an immigration status verification system established
under section 1320b-7 of title 42.
(q) Denial of food stamps for prisoners
The Secretary shall assist States, to the maximum extent
practicable, in implementing a system to conduct computer matches or
other systems to prevent prisoners described in subsection (e)(20)(B) of
this section from participating in the food stamp program as a member of
any household.
(r) Denial of food stamps for deceased individuals
Each State agency shall--
(1) enter into a cooperative arrangement with the Commissioner
of Social Security, pursuant to the authority of the Commissioner
under section 405(r)(3) of title 42, to obtain information on
individuals who are deceased; and
(2) use the information to verify and otherwise ensure that
benefits are not issued to individuals who are deceased.
(s) Transitional benefits option
(1) In general
A State agency may provide transitional food stamp benefits to a
household that ceases 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 receive transitional food
stamp benefits for a period of not more than 5 months after the date
on which cash assistance is terminated.
(3) Amount of benefits
During the transitional benefits period under paragraph (2), a
household shall receive an amount of food stamp benefits equal to
the allotment received in the month immediately preceding the date
on which cash assistance was terminated, adjusted for the change in
household income as a result of--
(A) the termination of cash assistance; and
(B) at the option of the State agency, information from
another program in which the household participates.
(4) Determination of future eligibility
In the final month of the transitional benefits period under
paragraph (2), the State agency may--
(A) require the household to cooperate in a recertification
of eligibility; and
(B) initiate a new certification period for the household
without regard to whether the preceding certification period has
expired.
(5) Limitation
A household shall not be eligible for transitional benefits
under this subsection if the household--
(A) loses eligibility under section 2015 of this title;
(B) is sanctioned for a failure to perform an action
required by Federal, State, or local law relating to a cash
assistance program described in paragraph (1); or
(C) is a member of any other category of households
designated by the State agency as ineligible for transitional
benefits.
(6) Applications for recertification
(A) In general
A household receiving transitional benefits under this
subsection may apply for recertification at any time during the
transitional benefits period under paragraph (2).
(B) Determination of allotment
If a household applies for recertification under
subparagraph (A), the allotment of the household for all
subsequent months shall be determined without regard to this
subsection.
(t) Grants for simple application and eligibility determination systems
and improved access to benefits
(1) In general
For each of fiscal years 2003 through 2007, the Secretary shall
use not more than $5,000,000 of funds made available under section
2027(a)(1) of this title to make grants to pay 100 percent of the
costs of eligible entities approved by the Secretary to carry out
projects to develop and implement--
(A) simple food stamp application and eligibility
determination systems; or
(B) measures to improve access to food stamp benefits by
eligible households.
(2) Types of projects
A project under paragraph (1) may consist of--
(A) coordinating application and eligibility determination
processes, including
[[Page 1059]]
verification practices, under the food stamp program and other
Federal, State, and local assistance programs;
(B) establishing methods for applying for benefits and
determining eligibility that--
(i) more extensively use--
(I) communications by telephone; and
(II) electronic alternatives such as the Internet;
or
(ii) otherwise improve the administrative infrastructure
used in processing applications and determining eligibility;
(C) developing procedures, training materials, and other
resources aimed at reducing barriers to participation and
reaching eligible households;
(D) improving methods for informing and enrolling eligible
households; or
(E) carrying out such other activities as the Secretary
determines to be appropriate.
(3) Limitation
A grant under this subsection shall not be made for the ongoing
cost of carrying out any project.
(4) Eligible entities
To be eligible to receive a grant under this subsection, an
entity shall be--
(A) a State agency administering the food stamp program;
(B) a State or local government;
(C) an agency providing health or welfare services;
(D) a public health or educational entity; or
(E) a private nonprofit entity such as a community-based
organization, food bank, or other emergency feeding
organization.
(5) Selection of eligible entities
The Secretary--
(A) shall develop criteria for the selection of eligible
entities to receive grants under this subsection; and
(B) may give preference to any eligible entity that consists
of a partnership between a governmental entity and a
nongovernmental entity.
(u) Agreement for direct certification and cooperation
(1) In general
Each State agency shall enter into an agreement with the State
agency administering the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(2) Contents
The agreement shall establish procedures that ensure that--
(A) any child receiving benefits under this chapter shall be
certified as eligible for free lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application; and
(B) each State agency shall cooperate in carrying out
paragraphs (3)(F) and (4) of section 9(b) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)).
(Pub. L. 88-525, Sec. 11, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95-113,
title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L. 96-249,
title I, Secs. 113, 116-120, 122, 123, May 26, 1980, 94 Stat. 361-
363; Pub. L. 97-35, title I, Sec. 111(a), Aug. 13, 1981, 95 Stat. 362;
Pub. L. 97-98, title XIII, Secs. 1316-1320(a), 1321-1323, Dec. 22,
1981, 95 Stat. 1286, 1287; Pub. L. 97-253, title I, Secs. 166-174,
180(b)(1), 189(b)(2), 190(c)(1), Sept. 8, 1982, 96 Stat. 779, 780, 783,
787; Pub. L. 98-204, Sec. 7, Dec. 2, 1983, 97 Stat. 1386; Pub. L. 98-
369, div. B, title VI, Sec. 2651(i), July 18, 1984, 98 Stat. 1150; Pub.
L. 99-198, title XV, Secs. 1507(b), 1517(b), 1525-1531(a), (b),
1535(b)(1), 1537(b), (c), Dec. 23, 1985, 99 Stat. 1568, 1576, 1580-1582,
1584, 1586, 1587; Pub. L. 100-77, title VIII, Secs. 808(a), 809(a),
July 22, 1987, 101 Stat. 536; Pub. L. 100-435, title II, Sec. 204(a),
title III, Secs. 310, 311, 320, 321(a), 322, 323, 330, 352, Sept.
19, 1988, 102 Stat. 1657, 1660-1662, 1665; Pub. L. 101-624, title XVII,
Secs. 1736-1741, 1763(b), Nov. 28, 1990, 104 Stat. 3793, 3794, 3806;
Pub. L. 102-237, title IX, Sec. 941(5), (6), Dec. 13, 1991, 105 Stat.
1892; Pub. L. 103-66, title XIII, Sec. 13941(a), Aug. 10, 1993, 107
Stat. 676; Pub. L. 103-296, title I, Sec. 108(f)(2), (3), Aug. 15, 1994,
108 Stat. 1487; Pub. L. 104-66, title I, Sec. 1011(x), Dec. 21, 1995,
109 Stat. 711; Pub. L. 104-193, title VIII, Secs. 809(b), 819(b),
835-840, 844(b), 848(b)(1), 854(b), Aug. 22, 1996, 110 Stat. 2313, 2320,
2329-2331, 2333, 2334, 2342; Pub. L. 105-33, title I,
Secs. 1003(a)(1), (2), (b), 1004, Aug. 5, 1997, 111 Stat. 255, 256;
Pub. L. 105-379, Sec. 1(a), Nov. 12, 1998, 112 Stat. 3399; Pub. L. 107-
171, title IV, Secs. 4114(a), 4115(a), 4116(a), May 13, 2002, 116
Stat. 314, 315; Pub. L. 108-265, title I, Sec. 104(b)(2), June 30, 2004,
118 Stat. 737.)
References in Text
The Indian Self-Determination Act (25 U.S.C. 450), referred to in
subsec. (d), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203,
as amended, which is classified principally to part A (Sec. 450f et
seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set out
under section 450 of Title 25 and Tables.
The Immigration and Nationality Act, referred to in subsec. (e)(16),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8,
Aliens and Nationality. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of Title 8 and
Tables.
The Federal Advisory Committee Act, referred to in subsec. (o)(1),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
The Social Security Act, referred to in subsec. (s)(1), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the
Act is classified generally to part A (Sec. 601 et seq.) of subchapter
IV of chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (u), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended,
which is classified generally to chapter 13 (Sec. 1751 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (u)(2)(A),
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the
[[Page 1060]]
Code, see Short Title note set out under section 1771 of Title 42 and
Tables.
Amendments
2004--Subsec. (u). Pub. L. 108-265 added subsec. (u).
2002--Subsec. (e)(2)(B)(ii). Pub. L. 107-171, Sec. 4114(a),
designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (s). Pub. L. 107-171, Sec. 4115(a), added subsec. (s).
Subsec. (t). Pub. L. 107-171, Sec. 4116(a), added subsec. (t).
1998--Subsec. (r). Pub. L. 105-379 added subsec. (r).
1997--Subsec. (e)(8)(E). Pub. L. 105-33, Sec. 1003(a)(2),
substituted ``paragraph (16) or (20)(B)'' for ``paragraph (16)''.
Subsec. (e)(20). Pub. L. 105-33, Sec. 1003(a)(1), added par. (20)
and struck out former par. (20) which read as follows: ``that the State
agency shall establish a system and take action on a periodic basis to
verify and otherwise assure that an individual does not receive coupons
in more than one jurisdiction within the State;''.
Subsec. (f). Pub. L. 105-33, Sec. 1004, inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading, and
added par. (2).
Subsec. (q). Pub. L. 105-33, Sec. 1003(b), added subsec. (q).
1996--Subsec. (e)(2). Pub. L. 104-193, Sec. 835(1)(A), added par.
(2) and struck out former par. (2) which required that each State plan
of operation was to provide that each household which contacted food
stamp office in person during office hours to make what could reasonably
be interpreted as oral or written request for food stamp assistance was
to receive and be permitted to file, on same day that such contact was
first made, simplified, uniform national application form for
participation in food stamp program.
Subsec. (e)(3). Pub. L. 104-193, Secs. 809(b), 835(1)(B),
substituted ``shall'' for ``shall--'' after ``and that the State
agency'', struck out ``(A)'' before ``provide each applicant household''
and struck out subpars. (B) to (E) and concluding provisions which
provided that State agency was to assist each applicant household in
obtaining appropriate verification and completing application process,
not require any household to submit additional proof of matter on which
State agency already had current verification, not deny any application
for participation solely because of failure of person outside household
to cooperate, process applications if household complied with
requirements of first sentence of section 2015(c) of this title by
taking appropriate steps to verify information otherwise required to be
verified under this chapter, provide household, at time of each
certification and recertification, with statement describing reporting
responsibilities of household under this chapter, and provide toll-free
or local telephone number, or telephone number at which collect calls
would be accepted by State agency, at which household could reach
appropriate representative of State agency.
Subsec. (e)(6). Pub. L. 104-193, Sec. 836, substituted ``(6) that--
'' for ``(6) that'', realigned margins of subpars. (A) and (B), in
subpar. (B) substituted ``Office of Personnel Management'' for ``United
States Civil Service Commission'', and struck out subpars. (C) to (E)
which read as follows: ``(C) the State agency shall provide a
continuing, comprehensive program of training for all personnel
undertaking such certification so that eligible households are promptly
and accurately certified to receive the allotments for which they are
eligible under this chapter; (D) the State agency, at its option, may
undertake intensive training to ensure that State agency personnel who
undertake the certification of households that include a member who
engages in farming are qualified to perform such certification; and (E)
at its option, the State agency may provide, or contract for the
provision of, training and assistance to persons working with volunteer
or nonprofit organizations that provide program information activities
or eligibility screening to persons potentially eligible for food
stamps;''.
Subsec. (e)(8). Pub. L. 104-193, Secs. 837, 844(b), in
introductory provisions, substituted ``except that--'' for ``except
that'', in subpar. (A), realigned margin, substituted ``the safeguards''
for ``such safeguards'' and semicolon for comma at end, in subpar. (B),
realigned margin and substituted ``chapter;'' for ``chapter, and'', in
subpar. (C), realigned margin, substituted ``the safeguards'' for ``such
safeguards'', struck out ``and excluding claims arising from an error of
the State agency, that has not been recovered pursuant to such section''
before ``, from Federal pay'', and inserted before semicolon at end ``or
a Federal income tax refund as authorized by section 3720A of title
31'', and added subpars. (D) and (E).
Subsec. (e)(9). Pub. L. 104-193, Sec. 838, in subpar. (A),
substituted ``7 days'' for ``five days'', redesignated subpar. (C) as
(B), substituted ``7 days'' for ``five days'', and struck out former
subpar. (B) which read as follows: ``provide coupons no later than five
days after the date of application to any household in which all members
are homeless individuals and that meets the income and resource criteria
for coupons under this chapter;'', and redesignated subpar. (D) as (C)
and substituted ``or (B)'' for ``, (B), or (C)''.
Subsec. (e)(10). Pub. L. 104-193, Sec. 839, inserted before
semicolon at end a period and ``At the option of a State, at any time
prior to a fair hearing determination under this paragraph, a household
may withdraw, orally or in writing, a request by the household for the
fair hearing. If the withdrawal request is an oral request, the State
agency shall provide a written notice to the household confirming the
withdrawal request and providing the household with an opportunity to
request a hearing''.
Subsec. (e)(14). Pub. L. 104-193, Sec. 835(1)(C), (D)(i),
redesignated par. (15) as (14) and struck out former par. (14) which
read as follows: ``that the State agency shall prominently display in
all food stamp and public assistance offices posters prepared or
obtained by the Secretary describing the information contained in
subparagraphs (A) through (D) of this paragraph and shall make available
in such offices for home use pamphlets prepared or obtained by the
Secretary listing (A) foods that contain substantial amounts of
recommended daily allowances of vitamins, minerals, and protein for
children and adults; (B) menus that combine such foods into meals; (C)
details on eligibility for other programs administered by the Secretary
that provide nutrition benefits; and (D) general information on the
relationship between health and diet;''.
Subsec. (e)(15) to (17). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (16) to (18) as (15) to (17), respectively. Former
par. (15) redesignated (14).
Subsec. (e)(18). Pub. L. 104-193, Sec. 840, substituted ``at the
option of the State agency, that information may be'' for ``that
information is'' and ``may be requested'' for ``shall be requested''.
Pub. L. 104-193, Sec. 835(1)(D)(i), redesignated par. (19) as (18).
Former par. (18) redesignated (17).
Subsec. (e)(19) to (22). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (20) to (23) as (19) to (22), respectively. Former
par. (19) redesignated (18).
Subsec. (e)(23). Pub. L. 104-193, Secs. 819(b)(1), 835(1)(D)(i),
redesignated par. (24) as (23) and struck out ``and'' at end. Former
par. (23) redesignated (22).
Subsec. (e)(24). Pub. L. 104-193, Sec. 835(1)(D)(ii), redesignated
par. (26) as (24). Former par. (24) redesignated (23).
Subsec. (e)(25). Pub. L. 104-193, Sec. 854(b), added par. (25).
Pub. L. 104-193, Secs. 819(b)(2), 835(1)(C), substituted
semicolon for concluding period and struck out par. (25) which read as
follows: ``a procedure for designating project areas or parts of project
areas that are rural and in which low-income persons face substantial
difficulties in obtaining transportation. The State agency shall
designate the areas according to procedures approved by the Secretary.
In each area so designated, the State agency shall provide for the
issuance of coupons by mail to all eligible households in the area,
except that any household with mail losses exceeding levels established
by the Secretary shall not be entitled to such a mailing and the State
agency shall not be required to issue coupons by mail in those
localities
[[Page 1061]]
within such area where the mail loss rates exceed standards set by the
Secretary.''
Subsec. (e)(26). Pub. L. 104-193, Sec. 835(1)(D)(ii), redesignated
par. (26) as (24).
Pub. L. 104-193, Sec. 819(b)(3), added par. (26).
Subsec. (g). Pub. L. 104-193, Sec. 848(b)(1), in first sentence,
struck out ``the Secretary's standards for the efficient and effective
administration of the program established under section 2025(b)(1) of
this title or'' before ``the requirements established pursuant to
section 2032''.
Subsec. (i). Pub. L. 104-193, Sec. 835(2)(A), inserted subsec.
heading.
Subsec. (i)(1). Pub. L. 104-193, Sec. 835(2)(A), designated portion
of existing provisions as par. (1), inserted heading, and substituted
``Notwithstanding any other provision of law,'' for ``Notwithstanding
any other provision of law, the Secretary, the Commissioner of Social
Security and the Secretary of Health and Human Services shall develop a
system by which (1) a single interview shall be conducted to determine
eligibility for the food stamp program and the aid to families with
dependent children program under part A of title IV of the Social
Security Act; (2)''.
Subsec. (i)(2). Pub. L. 104-193, Sec. 835(2)(B), substituted a
period, par. (2) designation, heading, and ``Except in a case of
disqualification as a penalty for failure to comply with a public
assistance program rule or regulation, no'' for ``; (3) households in
which all members are included in a federally aided public assistance or
State or local general assistance grant in a State that has a single
State-wide general assistance application form shall have their
application for participation in the food stamp program contained in the
public assistance or general assistance application form, and households
applying for a local general assistance grant in a local jurisdiction in
which the agency administering the general assistance program also
administers the food stamp program shall be provided an application for
participation in the food stamp program at the time of their application
for general assistance, along with information concerning how to apply
for the food stamp program; and (4) new applicants, as well as
households which have recently lost or been denied eligibility for
public assistance or general assistance, shall be certified for
participation in the food stamp program based on information in the
public assistance or general assistance case file to the extent that
reasonably verified information is available in such case file. In
addition to implementing paragraphs (1) through (4), the State agency
shall inform applicants for benefits under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that such applicants may
file, along with their application for such benefits, an application for
benefits under this chapter, and that if such applicants file, they
shall have a single interview for food stamps and for benefits under
part A of title IV of the Social Security Act. No''.
Subsec. (p). Pub. L. 104-193, Sec. 840(2), added subsec. (p).
1995--Subsec. (l). Pub. L. 104-66 struck out ``, and shall, upon
completion of the audit, provide a report to Congress of its findings
and recommendations within one hundred and eighty days'' after ``within
that State'' in first sentence.
1994--Subsec. (i). Pub. L. 103-296, Sec. 108(f)(3), inserted ``, the
Commissioner of Social Security'' after ``the Secretary'' in first
sentence.
Subsec. (j). Pub. L. 103-296, Sec. 108(f)(2), substituted
``Commissioner of Social Security'' for ``Secretary of Health and Human
Services'' wherever appearing.
1993--Subsec. (e)(8)(C). Pub. L. 103-66 added cl. (C).
1991--Subsec. (b). Pub. L. 102-237, Sec. 941(6), redesignated
subsec. (p) as (b) and transferred it to follow subsec. (a).
Subsec. (e)(2). Pub. L. 102-237, Sec. 941(5)(A), substituted a
semicolon for period at end.
Subsec. (e)(3)(D). Pub. L. 102-237, Sec. 941(5)(B)(i), substituted
``section 2015 of this title)'' for ``section 2015 of this title''.
Subsec. (e)(3)(E). Pub. L. 102-237, Sec. 941(5)(B)(ii), made
technical amendment to clarify alignment of margin of concluding
provisions.
Subsec. (e)(15). Pub. L. 102-237, Sec. 941(5)(C), substituted a
semicolon for period at end.
Subsec. (p). Pub. L. 102-237, Sec. 941(6), redesignated subsec. (p)
as (b) and transferred it to follow subsec. (a).
1990--Subsec. (e)(2). Pub. L. 101-624, Sec. 1736(1), substituted
``on or near its front cover) explanations'' for ``instructions'' in
third sentence.
Pub. L. 101-624, Sec. 1736(2), substituted ``The State agency shall
require that an adult representative of each household that is applying
for food stamp benefits shall certify in writing, under penalty of
perjury, that the information contained in the application is true and
that all members of the household are either citizens or are aliens
eligible to receive food stamps under section 2015(f) of this title. The
signature of the adult under this section shall be deemed sufficient to
comply with any provision of Federal law requiring household members to
sign the application or statements in connection with the application
process.'' for ``One adult member of a household that is applying for a
coupon allotment shall be required to certify in writing, under penalty
of perjury, the truth of the information contained in the application
for the allotment.''
Subsec. (e)(3)(E). Pub. L. 101-624, Sec. 1737, inserted before
semicolon at end a period followed by ``Under rules prescribed by the
Secretary, a State agency shall develop standard estimates of the
shelter expenses that may reasonably be expected to be incurred by
households in which all members are homeless but that are not receiving
free shelter throughout the month. The Secretary may issue regulations
to preclude the use of the estimates for households with extremely low
shelter costs for whom the following sentence shall not apply. A State
agency shall use the estimates in determining the allotments of the
households, unless a household verifies higher expenses''.
Subsec. (e)(21). Pub. L. 101-624, Sec. 1738(1), struck out ``and''
after ``within the State;''.
Subsec. (e)(22). Pub. L. 101-624, Sec. 1738(2), substituted
semicolon for period at end.
Subsec. (e)(25). Pub. L. 101-624, Sec. 1738(3)-(5), added par. (25).
Subsec. (f). Pub. L. 101-624, Sec. 1739, inserted first sentence and
struck out former first sentence which read as follows: ``To encourage
the purchase of nutritious foods, the Secretary is authorized to extend
food and nutrition education to reach food stamp program participants,
using the methods and techniques developed in the expanded food and
nutrition education and other programs.''
Subsec. (g). Pub. L. 101-624, Sec. 1763(b), inserted ``or the
requirements established pursuant to section 2032 of this title'' after
``section 2025(b)(1) of this title'' in first sentence.
Subsec. (i)(3). Pub. L. 101-624, Sec. 1740, inserted ``in a State
that has a single State-wide general assistance application form'' after
``grant'' and inserted before semicolon at end ``, and households
applying for a local general assistance grant in a local jurisdiction in
which the agency administering the general assistance program also
administers the food stamp program shall be provided an application for
participation in the food stamp program at the time of their application
for general assistance, along with information concerning how to apply
for the food stamp program''.
Subsec. (j)(1). Pub. L. 101-624, Sec. 1741, inserted ``supplemental
security income or'' after ``recipient of''.
1988--Subsec. (e)(1)(A). Pub. L. 100-435, Sec. 204(a), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``not conduct food stamp outreach activities with funds provided under
this chapter except, at the option of the State agency, food stamp
informational activities directed at homeless individuals; and''.
Subsec. (e)(2). Pub. L. 100-435, Sec. 310, inserted provisions
relating to brief, simply-written, and readable application forms.
Pub. L. 100-435, Sec. 330, substituted ``The State agency shall
waive in-office interviews, on a household's request, if a household is
unable to appoint an authorized
[[Page 1062]]
representative pursuant to paragraph (7) and has no adult household
members able to come to the appropriate State agency office because such
members are elderly, are mentally or physically handicapped, live in a
location not served by a certification office, or have transportation
difficulties or similar hardships as determined by the State agency
(including hardships due to residing in a rural area, illness, care of a
household member, prolonged severe weather, or work or training hours).
If an in-office interview is waived, the State agency may conduct a
telephone interview or a home visit. The State agency shall provide for
telephone contact by, mail delivery of forms to, and mail return of
forms by, households that have transportation difficulties or similar
hardships.'' for ``The State agency shall comply with the standards
established by the Secretary for telephone contact by, mail delivery of
forms to and mail return of forms by, and subsequent home or telephone
interview with, the elderly, physically or mentally handicapped, and
persons otherwise unable, solely because of transportation difficulties
and similar hardships, to appear in person at a certification office or
through a representative pursuant to paragraph (7) of this subsection,
so that such persons may have an adequate opportunity to be certified
properly;''.
Subsec. (e)(3). Pub. L. 100-435, Sec. 323, inserted provisions at
end relating to dissemination of statements describing reporting
responsibilities and telephone number to call State agency.
Pub. L. 100-435, Sec. 311, inserted cls. (A) to (E).
Subsec. (e)(6)(C). Pub. L. 100-435, Sec. 322(a), substituted ``shall
provide'' for ``shall undertake to provide'' and inserted ``so that
eligible households are promptly and accurately certified to receive the
allotments for which they are eligible under this chapter'' after ``such
certification''.
Subsec. (e)(6)(D). Pub. L. 100-435, Sec. 321(a), added cl. (D).
Subsec. (e)(6)(E). Pub. L. 100-435, Sec. 322(b), added cl. (E).
Subsec. (i). Pub. L. 100-435, Sec. 352, amended second sentence
generally. Prior to amendment, second sentence read as follows: ``Each
State agency shall implement clauses (1) and (2) and may implement
clause (3) or (4), or both such clauses.''
Subsec. (p). Pub. L. 100-435, Sec. 320, added subsec. (p).
1987--Subsec. (e)(1)(A). Pub. L. 100-77, Sec. 808(a), inserted
``except, at the option of the State agency, food stamp informational
activities directed at homeless individuals'' after ``this chapter''.
Subsec. (e)(9). Pub. L. 100-77, Sec. 809(a), added subpars. (B) and
(C), redesignated former subpar. (B) as (D), and directed the
substitution of ``a household referred to in subparagraph (A), (B), or
(C)'' for ``the household'' which was executed by making the
substitution for the first reference to ``the household'' as the
probable intent of Congress.
1985--Subsec. (e)(2). Pub. L. 99-198, Sec. 1529, inserted provision
directing the State agency to provide a method of certifying and issuing
coupons to eligible households that do not reside in permanent dwellings
or who do not have fixed mailing addresses and to take such steps as are
necessary to ensure that participation in the food stamp program is
limited to eligible households.
Pub. L. 99-198, Sec. 1525, inserted requirement that one adult
member of a household that is applying for a coupon allotment certify in
writing, under penalty of perjury, the truth of the information
contained in the application for the allotment.
Subsec. (e)(3). Pub. L. 99-198, Sec. 1527, struck out ``only'' after
``verification'', inserted ``, household size (in any case such size is
questionable,'', and substituted ``such other eligibility factors as the
State agency determines are necessary'' for ``any factors of eligibility
involving households that fall within the State agency's error-prone
household profiles as developed by the State agency from the error rate
reduction system conducted under section 2025 of this title and as
approved by the Secretary''.
Subsec. (e)(16). Pub. L. 99-198, Sec. 1528, substituted ``fourth
sentence'' for ``last sentence'', inserted ``and would be cost
effective'' after ``integrity'', and inserted provision authorizing the
State agency to permit a member of a household to comply with this
paragraph by presenting a photographic identification card used to
receive assistance under a welfare or public assistance program.
Subsec. (e)(22). Pub. L. 99-198, Sec. 1517(b), added par. (22).
Subsec. (e)(23). Pub. L. 99-198, Sec. 1526, added par. (23).
Subsec. (e)(24). Pub. L. 99-198, Sec. 1535(b)(1), added par. (24).
Subsec. (f). Pub. L. 99-198, Sec. 1530, inserted provisions
directing State agencies to encourage food stamp program participants to
participate in the expanded food and nutrition education program
conducted under section 343(d) of this title and any program established
under sections 3175a through 3175e of this title and, at the request of
personnel of such education program, allow personnel and information
materials of such education program to be placed in food stamp offices.
Subsec. (g). Pub. L. 99-198, Sec. 1537(c), inserted ``the State plan
for automated data processing submitted pursuant to subsection (o)(2) of
this section,'' and substituted ``sections 2025(a), 2025(c), and 2025(g)
of this title'' for ``sections 2025(a) and 2025(c) of this title''.
Subsec. (i). Pub. L. 99-198, Sec. 1531(a), in cl. (2) of first
sentence, inserted ``applicants for or'' after ``members are'' and
substituted ``informed of the availability of benefits under the food
stamp program and be assisted in making a simple application to
participate in such program'' for ``permitted to apply for participation
in the food stamp program by executing a simple application'', effective
Oct. 1, 1986.
Pub. L. 99-198, Sec. 1507(b), inserted sentence directing that no
household shall have its application to participate in the food stamp
program denied nor its benefits under the food stamp program terminated
solely on the basis that its application to participate has been denied
or its benefits have been terminated under any of the programs carried
out under the statutes specified in the second sentence of section
2014(a) of this title and without a separate determination by the State
agency that the household fails to satisfy the eligibility requirements
for participation in the food stamp program.
Subsec. (j). Pub. L. 99-198, Sec. 1531(b), amended subsec. (j)
generally, effective Oct. 1, 1986. Prior to amendment, subsec. (j) read
as follows: ``The Secretary, in conjunction with the Secretary of Health
and Human Services, is authorized to prescribe regulations permitting
applicants for and recipients of social security benefits to apply for
food stamps at social security offices and be certified for food stamp
eligibility in such offices in order that the application and
certification for food stamp assistance may be accomplished as
efficiently and conveniently as possible.''
Subsec. (o). Pub. L. 99-198, Sec. 1537(b), added subsec. (o).
1984--Subsec. (e)(19). Pub. L. 98-369 amended par. (19) generally.
Prior to amendment, par. (19) read as follows: ``that--
``(A) in any case in which information is available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act (42 U.S.C. 503(d)), the
information shall be requested and utilized by the State agency to
the extent permitted under such section; or
``(B) in any case in which information is not available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act--
``(i) information available from the Social Security
Administration under section 6103(l)(7) of title 26 shall be
requested and utilized by the State agency to the extent
permitted under such section; or
``(ii) similar information available from other sources
shall be requested and utilized by the State agency to the
extent approved by the Secretary and permitted by any law
controlling access to the information;''.
1983--Subsec. (e)(19). Pub. L. 98-204 amended par. (19) generally.
Prior to amendment, par. (19) read as fol
[[Page 1063]]
lows: ``that information available from the Social Security
Administration under the provisions of section 6103(i)(7) of title 26,
and information available from agencies administering State unemployment
compensation laws under the provisions of section 303(d) of the Social
Security Act, shall be requested and utilized by the State agency
(described in section 2012(n)(1) of this title), to the extent permitted
under the provisions of such sections, except that the State agency
shall not be required to request such information from the Social
Security Administration if such information is available from the agency
administering the State unemployment compensation laws;''.
1982--Subsec. (d). Pub. L. 97-253, Sec. 166, inserted provision that
the Secretary may not, as a part of the approval process for a plan of
operation, require a State to submit for prior approval by the Secretary
the State agency instructions to staff, interpretations of existing
policy, State agency methods of administration, forms used by the State
agency, or any materials, documents, memoranda, bulletins, or other
matter, unless the State determines that the materials, documents,
memoranda, bulletins, or other matter alter or amend the State plan of
operation or conflict with the rights and levels of benefits to which a
household is entitled.
Subsec. (e)(2). Pub. L. 97-253, Sec. 167(a), struck out ``points and
hours of certification, and for'' after ``Secretary for'' in last
sentence.
Subsec. (e)(3). Pub. L. 97-253, Sec. 180(b)(1), substituted
``section 2025(e) of this title'' for ``subsections (h) and (i) of
section 2025 of this title'' and ``error rate reduction system'' for
``quality control program'', respectively.
Subsec. (e)(7). Pub. L. 97-253, Sec. 168, substituted ``an'' for
``any'' wherever appearing and inserted provision that the Secretary may
restrict the number of households which may be represented by an
individual and otherwise establish criteria and verification standards
for representation under this paragraph.
Subsec. (e)(8). Pub. L. 97-253, Sec. 169, substituted ``,
regulations issued pursuant to this chapter, Federal assistance
programs, or federally assisted State programs'' for ``or the
regulations issued pursuant to this chapter''.
Subsec. (e)(9). Pub. L. 97-253, Sec. 170, added par. (9). Former
par. (9), which required that the State plan of operation provide that
households in immediate need because of no income as defined in section
2014(d) and (e) of this title would receive coupons on an expedited
basis, was struck out.
Subsec. (e)(10). Pub. L. 97-253, Sec. 171, inserted provision that
in any case in which the State agency receives from the household a
written statement containing information that clearly requires a
reduction or termination of the household's benefits, the State agency
may act immediately to reduce or terminate the household's benefits and
may provide notice of its action to the household as late as the date on
which the action becomes effective.
Subsec. (e)(13). Pub. L. 97-253, Secs. 167(b), 190(c)(1),
redesignated par. (14) as (13) and struck out former par. (13) which
provided that the State plan of operation provide for compliance with
standards set by the Secretary with respect to points and hours of
coupon issuance.
Subsec. (e)(14) to (21). Pub. L. 97-253, Sec. 190(c)(1),
redesignated pars. (14) to (22) as (13) to (21), respectively.
Subsec. (e)(22). Pub. L. 97-253, Secs. 172, 190(c)(1), added
par. (22) and redesignated it as par. (21).
Subsec. (i). Pub. L. 97-253, Secs. 173, 189(b)(2)(A), inserted
provision requiring each State agency to implement pars. (1) and (2),
and permitting each such agency to implement either par. (3) or (4), or
both, and substituted reference to the Secretary of Health and Human
Services for former reference to the Secretary of Health, Education, and
Welfare.
Subsec. (j). Pub. L. 97-253, Sec. 189(b)(2)(B), substituted
reference to the Secretary of Health and Human Services for former
reference to the Secretary of Health, Education, and Welfare.
Subsec. (n). Pub. L. 97-253, Sec. 174, added subsec. (n).
1981--Subsec. (b). Pub. L. 97-98, Sec. 1316, struck out subsec. (b)
which provided that certification of a household as eligible in any
political subdivision, in the event of removal of such household to
another political subdivision in which the food stamp program is
operating, remains valid for participation in the food stamp program for
a period of sixty days from the date of such removal.
Subsec. (e)(1). Pub. L. 97-35 added cl. (A) and redesignated cl. (C)
as (B). Former cls. (A) and (B), relating to informing low-income
households about the program, and conducting other outreach activities,
respectively, were struck out.
Subsec. (e)(2). Pub. L. 97-98, Sec. 1317, inserted provision that
the application contain in understandable terms and in prominent and
boldface lettering a statement that the information provided by the
applicant is subject to verification and if incorrect the applicant may
be subject to denial of food stamps and criminal prosecution.
Subsec. (e)(4). Pub. L. 97-98, Sec. 1318, substituted ``prior to''
for ``immediately prior to or at'' and ``advising the household'' for
``advising it''.
Subsec. (e)(8). Pub. L. 97-98, Sec. 1319, inserted provision that
such safeguards not prevent the use or disclosure of such information to
the Comptroller General of the United States for audit and examination
authorized by any other provision of law and that, notwithstanding any
other provision of law, all information obtained under this chapter from
an applicant household be available to local, State, or Federal law
enforcement officials for the purpose of investigating an alleged
violation of this chapter or any regulation issued under this chapter.
Subsec. (e)(11). Pub. L. 97-98, Sec. 1320(a), inserted provision
that allotments not be restored for any period of time more than one
year prior to the date the State agency receives a request for such
restoration from a household or the State agency is notified or
otherwise discovers that a loss to a household has occurred.
Subsec. (e)(20), (21). Pub. L. 97-98, Sec. 1321, added pars. (20)
and (21).
Subsec. (f). Pub. L. 97-98, Sec. 1322, substituted ``is authorized
to extend food and nutrition education to reach food stamp participants,
using methods and techniques developed in the expanded food and
nutrition education and other programs'' for ``shall extend the expanded
food and nutrition education program to the greatest extent possible to
reach food stamp program participants'' and struck out provision that
the program be supplemented by the development of single concept printed
materials, specifically designed for persons with low reading and
comprehension levels, on how to buy and prepare more nutritious and
economical meals and on the relationship between food and good health.
Subsec. (m). Pub. L. 97-98, Sec. 1323, added subsec. (m).
1980--Subsec. (e)(3). Pub. L. 96-249, Sec. 116, inserted ``(in part
through the use of the information, if any, obtained under subsections
(h) and (i) of section 2025 of this title)'' after ``section 2014(d) of
this title'' and ``although the State agency may verify prior to
certification, whether questionable or not, the size of any applicant
household and any factors of eligibility involving households that fall
within the State agency's error-prone household profiles as developed by
the State agency from the quality control program conducted under
section 2025 of this title and as approved by the Secretary'' after
``sections 2014 and 2015 of this title,''.
Subsec. (e)(4). Pub. L. 96-249, Sec. 113, inserted proviso that the
timeliness standards for submitting the notice of expiration and filing
an application for recertification may be modified by the Secretary in
light of sections 2014(f)(2) and 2015(c) of this title if
administratively necessary.
Subsec. (e)(17) to (19). Pub. L. 96-249, Secs. 117-119, added
pars. (17) to (19).
Subsec. (g). Pub. L. 96-249, Sec. 120, inserted ``, upon information
received by the Secretary, investigation ini
[[Page 1064]]
tiated by the Secretary, or investigation that the Secretary shall
initiate upon receiving sufficient information evidencing a pattern of
lack of compliance by a State agency of a type specified in this
subsection,'' after ``the Secretary determines'', ``without good cause''
after ``to comply'', ``or the Secretary's standards for the efficient
and effective administration of the program established under section
2025(b)(1) of this title'' after ``subsection (d) of this section,'',
and ``, and whether or not the Secretary refers such matter to the
Attorney General, the Secretary shall proceed to withhold from the State
such funds authorized under sections 2025(a) and (c) of this title as
the Secretary determines to be appropriate, subject to administrative
and judicial review under section 2023 of this title'' after ``relief
shall issue''.
Subsec. (i)(2). Pub. L. 96-249, Sec. 122, substituted ``simple
application'' for ``simplified affidavit''.
Subsec. (l). Pub. L. 96-249, Sec. 123, added subsec. (l).
1977--Pub. L. 95-113 substituted revised provisions relating to the
administration of the program for provisions relating to the
disqualification of retail stores and wholesale concerns which are now
covered by section 2021 of this title.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108-265 effective July 1, 2005, see section
502(b)(4) of Pub. L. 108-265, set out as an Effective Date note under
section 1754 of Title 42, The Public Health and Welfare.
Effective Date of 2002 Amendment
Pub. L. 107-171, title IV, Sec. 4114(b), May 13, 2002, 116 Stat.
314, provided that: ``The amendments made by this section [amending this
section] take effect 18 months after the date of enactment of this Act
[May 13, 2002].''
Amendment by sections 4115(a) and 4116(a) of Pub. L. 107-171
effective Oct. 1, 2002, except as otherwise provided, see section 4405
of Pub. L. 107-171, set out as an Effective Date note under section 1161
of Title 2, The Congress.
Effective Date of 1998 Amendment
Pub. L. 105-379, Sec. 1(c), Nov. 12, 1998, 112 Stat. 3399, provided
that: ``This section [amending this section and enacting provisions set
out as a note below] and the amendments made by this section take effect
on June 1, 2000.''
Effective Date of 1997 Amendment
Section 1003(a)(3) of Pub. L. 105-33 provided that:
``(A) In general.--Except as provided in subparagraph (B), the
amendments made by this subsection [amending this section] shall take
effect on the date that is 1 year after the date of enactment of this
Act [Aug. 5, 1997].
``(B) Extension.--The Secretary of Agriculture may grant a State an
extension of time to comply with the amendments made by this subsection,
not to exceed beyond the date that is 2 years after the date of
enactment of this Act, if the chief executive officer of the State
submits a request for the extension to the Secretary--
``(i) stating the reasons why the State is not able to comply
with the amendments made by this subsection by the date that is 1
year after the date of enactment of this Act;
``(ii) providing evidence that the State is making a good faith
effort to comply with the amendments made by this subsection as soon
as practicable; and
``(iii) detailing a plan to bring the State into compliance with
the amendments made by this subsection as soon as practicable but
not later than the date of the requested extension.''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title
42, The Public Health and Welfare.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-66 effective, and to be implemented
beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103-66, set
out as a note under section 2025 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set
out as a note under section 1421 of this title.
Effective Date of 1990 Amendment
Amendment by sections 1736(1), 1737, 1738, 1740, and 1741 of Pub. L.
101-624 effective and implemented first day of month beginning 120 days
after publication of implementing regulations to be promulgated not
later than Oct. 1, 1991, amendment by section 1736(2) of Pub. L. 101-624
effective and implemented first day of month beginning 120 days after
promulgation of implementing regulations to be promulgated not later
than Apr. 1, 1991, and amendment by sections 1739 and 1763(b) of Pub. L.
101-624 effective Nov. 28, 1990, see section 1781(a), (b)(2), (3) of
Pub. L. 101-624, set out as a note under section 2012 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-435 to be effective and implemented on July
1, 1989, except that amendment by sections 204(a), 310, 311, 321(a),
322, 323, and 352 of Pub. L. 100-435 to become effective and implemented
on Oct. 1, 1989, if final order is issued under section 902(b) of Title
2, The Congress, for fiscal year 1989 making reductions and
sequestrations specified in the report required under section
901(a)(3)(A) of Title 2, see section 701(b)(4), (c)(2) of Pub. L. 100-
435, set out as a note under section 2012 of this title.
Effective Date of 1987 Amendment
Section 809(b) of Pub. L. 100-77 provided that: ``The amendments
made by this section [amending this section] shall become effective and
be implemented as soon as the Secretary of Agriculture determines is
practicable after the date of enactment of this Act [July 22, 1987], but
not later than 160 days after the date of enactment of this Act.''
Effective Date of 1985 Amendment
Section 1531(a), (b) of Pub. L. 99-198 provided that the amendments
made by that section are effective Oct. 1, 1986.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-369 effective Apr. 1, 1985, unless a waiver
has been granted to a State to delay effective date but in no event
beyond Sept. 30, 1986, see section 2651(l)(2) of Pub. L. 98-369, set out
as a note under section 1320b-7 of Title 42, The Public Health and
Welfare.
Effective Date of 1982 Amendment
Amendments by sections 166 to 174, 189(b)(2), and 190(c)(1) of Pub.
L. 97-253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97-253,
set out as a note under section 2012 of this title.
Amendment by section 180(b)(1) of Pub. L. 97-253 effective Oct. 1,
1982, see section 193(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Effective Date of 1981 Amendments
Amendment by Pub. L. 97-35 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 117 of Pub. L.
97-35, set out as a note under section 2012 of this title, see section
192(a) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
[[Page 1065]]
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 1338 of Pub. L.
97-98, set out as a note under section 2012 of this title, see section
192(b) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary of
Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a note
under section 2012 of this title.
Amendment by Pub. L. 97-35 effective and implemented upon such dates
as Secretary of Agriculture may prescribe, taking into account need for
orderly implementation, see section 117 of Pub. L. 97-35, set out as a
note under section 2012 of this title.
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95-113 provided that the amendment made by
that section is effective Oct. 1, 1977.
Regulations
Secretary of Agriculture to promulgate regulations necessary to
implement amendment of this section by Pub. L. 105-33, not later than
one year after Aug. 5, 1997, see Sec. 1005(a) of Pub. L. 105-33 set out
as a note under section 2015 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
Report
Pub. L. 105-379, Sec. 1(b), Nov. 12, 1998, 112 Stat. 3399, provided
that: ``Not later than September 1, 2000, the Secretary of Agriculture
shall submit a report regarding the progress and effectiveness of the
cooperative arrangements entered into by State agencies under section
11(r) of the Food Stamp Act of 1977 (7 U.S.C. 2020(r)) (as added by
subsection (a)) to--
``(1) the Committee on Agriculture of the House of
Representatives;
``(2) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
``(3) the Committee on Ways and Means of the House of
Representatives;
``(4) the Committee on Finance of the Senate; and
``(5) the Secretary of the Treasury.''
Audit of Simplified Food Stamp Application at Social Security
Administration Offices
Section 1742 of Pub. L. 101-624 directed Comptroller General to
conduct an audit of programs established under 7 U.S.C. 2020(i) and (j)
under which an applicant for or recipient of social security benefits
may make or be provided a simple application to participate in the food
stamp program at social security offices, and, not later than Dec. 31,
1991, deliver a report on results of study to Committee on Agriculture
of House of Representatives, Committee on Agriculture, Nutrition, and
Forestry of Senate, and Special Committee on Aging of Senate.
Ex. Ord. No. 12116. Issuance of Food Stamps by Postal Service
Ex. Ord. No. 12116, Jan. 19, 1979, 44 F.R. 4647, provided:
By the authority vested in me as President of the United States of
America by Section 11(k) of the Food Stamp Act of 1977 (91 Stat. 974; 7
U.S.C. 2020(k)), the United States Postal Service is hereby granted
approval for post offices in all or part of any State to issue food
stamps to eligible households, upon request by the appropriate State
agency, as defined in Section 3(n) of the Food Stamp Act of 1977 (91
Stat. 960; 7 U.S.C. 2012(n)).
Jimmy Carter.