7 U.S. Code § 2020 - Administration | U.S. Code | US Law | LII / Legal Information Institute

7 U.S. Code § 2020 - Administration | U.S. Code | US Law | LII / Legal Information Institute
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7 U.S. Code § 2020 - Administration
U.S. Code
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(a)
State responsibility
(1)
In general
The
State agency
of each participating
State
shall have responsibility for certifying applicant
households
and issuing
EBT cards.
(2)
Local administration
The responsibility of the agency of the
State
government shall not be affected by whether the program is operated on a
State
-administered or county-administered basis, as provided under
section 2012(s)(1) of this title
(3)
Records
(A)
In general
Each
State agency
shall keep such records as may be necessary to determine whether the program is being conducted in compliance with this chapter (including regulations issued under this chapter).
(B)
Inspection and audit
All records, and the entire information systems in which records are contained, that are covered in subparagraph (A) shall—
(i)
be made available for inspection and audit by the
Secretary
, subject to data and security protocols agreed to by the
State agency
and
Secretary;
(ii)
subject to subsection (e)(8), be available for review in any action filed by a
household
to enforce any provision of this chapter (including regulations issued under this chapter); and
(iii)
be preserved for such period of not less than 3 years as may be specified in regulations.
(4)
Review of major changes in program design
(A)
In general
The
Secretary
shall develop standards for identifying major changes in the operations of a
State agency
, including—
(i)
large or substantially-increased numbers of low-income
households
that do not live in reasonable proximity to an office performing the major functions described in subsection (e);
(ii)
substantial increases in reliance on automated systems for the performance of responsibilities previously performed by personnel described in subsection (e)(6)(B);
(iii)
changes that potentially increase the difficulty of reporting information under subsection (e) or
section 2015(c) of this title
; and
(iv)
changes that may disproportionately increase the burdens on any of the types of
households
described in subsection (e)(2)(A).
(B)
Notification
If a
State agency
implements a major change in operations, the
State agency
shall—
(i)
notify the
Secretary
; and
(ii)
collect such information as the
Secretary
shall require to identify and correct any adverse effects on program integrity or access, including access by any of the types of
households
described in subsection (e)(2)(A).
(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) 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)
Civil rights compliance
(1)
In general
In the certification of applicant
households
for the
supplemental nutrition assistance program
, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political affiliation.
(2)
Relation to other laws
The administration of the program by a
State agency
shall be consistent with the rights of
households
under the following laws (including implementing regulations):
(A)
The
Age Discrimination Act of 1975
42 U.S.C. 6101
et seq.).
(B)
Section 504 of the
Rehabilitation Act of 1973
29 U.S.C. 794
).
(C)
The
Americans with Disabilities Act of 1990
42 U.S.C. 12101
et seq.).
(D)
Title VI of the
Civil Rights Act of 1964
42 U.S.C. 2000d
et seq.).
(d)
Plan of operation by State agency; approval by Secretary; Indians
The
State agency
(as defined in
section 2012(s)(1) of this title
) of each
State
desiring to participate in the
supplemental nutrition assistance 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(s)(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(s)(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(s)(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
[1]
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(s)(2) of this title
. A
State agency,
as defined in
section 2012(s)(1) of this title
, before it submits its plan of operation to the
Secretary
for the administration of the
supplemental nutrition assistance 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
supplemental nutrition assistance program
; and
(B)
comply with regulations of the
Secretary
requiring the use of 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
supplemental nutrition assistance program
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
supplemental nutrition assistance 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 same day that the
household
first contacts a
supplemental nutrition assistance program
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
supplemental nutrition assistance program
benefits
under
section 2015(f) of this title
(vi)
shall provide a method of certifying and issuing
benefits
to eligible
homeless individuals
, to ensure that participation in the
supplemental nutrition assistance program
is limited to eligible
households;
and
(vii)
may establish operating procedures that vary for local
supplemental nutrition assistance program
offices to reflect regional and local differences within the
State.
(C)
Electronic and automated systems.—
(i)
In general.—
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.
(ii)
State option for telephonic signature.—
State agency
may establish a system by which an applicant
household
may sign an application through a recorded verbal assent over the telephone.
(iii)
Requirements.—
A system established under clause (ii) shall—
(I)
record for future reference the verbal assent of the
household
member and the information to which assent was given;
(II)
include effective safeguards against impersonation, identity theft, and invasions of privacy;
(III)
not deny or interfere with the right of the
household
to apply in writing;
(IV)
promptly provide to the
household
member a written copy of the completed application, with instructions for a simple procedure for correcting any errors or omissions;
(V)
comply with paragraph (1)(B);
(VI)
satisfy all requirements for a signature on an application under this chapter and other laws applicable to the
supplemental nutrition assistance program
, with the date on which the
household
member provides verbal assent considered as the date of application for all purposes; and
(VII)
comply with such other standards as the
Secretary
may establish.
(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
and after compliance with the requirement specified in paragraph (24)),
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
benefit
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 prohibit the use or disclosure of information obtained from applicant
households
, except that—
(A)
the safeguards shall permit—
(i)
the disclosure of such information 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; and
(ii)
the subsequent use of the information by persons described in clause (i) only for such administration or enforcement;
(B)
the safeguards shall 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;
(C)
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;
(D)
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
benefits,
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
(E)
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
(F)
the safeguards shall not prevent compliance with paragraph (15) or (18)(B) or subsection (u);
(9)
that the
State agency
shall—
(A)
provide
benefits
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
benefits
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
benefits
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
supplemental nutrition assistance 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’
benefits,
the
State agency
may act immediately to reduce or terminate the
household’
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
benefits
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
supplemental nutrition assistance program
benefits
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)
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
supplemental nutrition assistance program
benefits
because that member is present in the United
States
in violation of the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.];
(16)
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
supplemental nutrition assistance program
(17)
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 1137 of the
Social Security Act
42 U.S.C. 1320b–7
] and that any additional information available from agencies administering
State
unemployment compensation laws under the provisions of section 303(d) of the
Social Security Act
42 U.S.C. 503(d)
] may be requested and utilized by the
State agency
described in
section 2012(s)(1) of this title
to the extent permitted under the provisions of section 303(d) of the
Social Security Act
(18)
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
benefits
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
supplemental nutrition assistance 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)
State agency
that obtains in­formation collected under section 1611(e)(1)(I)(i)(I) of the
Social Security Act
42 U.S.C. 1382(e)(1)(I)(i)(I)
) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (
42 U.S.C. 1382(e)(1)(I)(ii)(II)
), 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.
(19)
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, the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (
29 U.S.C. 3111
et seq.), 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;
(20)
in a project area in which 5,000 or more
households
participate in the
supplemental nutrition assistance program
, for the establishment and operation of a unit for the detection of fraud in the
supplemental nutrition assistance program
, including the investigation, and assistance in the prosecution, of such fraud;
(21)
at the option of the
State
, for procedures necessary to obtain payment of uncollected overissuance of
benefits
from unemployment compensation pursuant to
section 2022(c) of this title
(22)
the guidelines the
State agency
uses in carrying out
section 2015(i) of this title
(23)
if a
State
elects to carry out a simplified
supplemental nutrition assistance 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
supplemental nutrition assistance program
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
(24)
that the
State agency
shall request wage data directly from the National Directory of New Hires established under section 453(i) of the
Social Security Act
42 U.S.C. 653(i)
) relevant to determining eligibility to receive
supplemental nutrition assistance program
benefits and determining the correct amount of those
benefits
at the time of certification;
(25)
if the
State
elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of
section 2012(k) of this title
(A)
the plans of the
State agency
for operating the program, including—
(i)
documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area;
(ii)
the manner by which the
State agency
will limit participation to only those private establishments that the
State
determines necessary to meet the need identified in clause (i); and
(iii)
any other conditions the
Secretary
may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and
(B)
a report by the
State agency
to the
Secretary
annually, the schedule of which shall be established by the
Secretary,
that includes—
(i)
the number of
households
and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and
(ii)
an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i); and
(26)
that for a
household
participating in the
supplemental nutrition assistance program
, the
State agency
shall pursue clarification and verification, if applicable, of information relating to the circumstances of the
household
received from data matches for the purpose of ensuring an accurate eligibility and
benefit
determination, only if the information—
(A)
appears to present significantly conflicting information from the information that was used by the
State agency
at the time of certification of the
household;
(B)
is obtained from data matches carried out under subsection (q), (r), or (x); or
(C)
(i)
is less than 60 days old relative to the current month of participation of the
household
; and
(ii)
if accurate, would have been required to be reported by the
household
based on the reporting requirements assigned to the
household
by the
State agency
under
section 2015(c) of this title
(f)
Repealed.
Pub. L. 111–296, title II, § 241(b)(2)
Dec. 13, 2010
124 Stat. 3236
(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
supplemental nutrition assistance 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 benefits
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
benefits
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
supplemental nutrition assistance 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
supplemental nutrition assistance program
denied nor its
benefits
under the
supplemental nutrition assistance 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
supplemental nutrition assistance 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
supplemental nutrition assistance 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), 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 provide, on request by the
State agency
supplemental nutrition assistance program
benefits
to eligible
households.
(l)
Special financial audit review of high participation States
Whenever the ratio of a
State
’s average
supplemental nutrition assistance program
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
benefits
and
benefits
or payments referred to in
section 2015(g) of this title
or both
benefits
and assistance provided in lieu of
benefits
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 chapter 10 of title 5, a model plan for the comprehensive automation of data processing and computerization of information systems under the
supplemental nutrition assistance 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
supplemental nutrition assistance 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
supplemental nutrition assistance 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
Secretary
may require a
State agency
, as necessary to rectify identified shortcomings in the administration of the
supplemental nutrition assistance 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
supplemental nutrition assistance 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
supplemental nutrition assistance 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
In carrying out the
supplemental nutrition assistance program
, a
State agency
shall be required to use an immigration status verification system established under section 1137 of the
Social Security Act
42 U.S.C. 1320b–7
), and an income and eligibility verification system, in accordance with standards set by the
Secretary.
(q)
Denial of benefits 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)(18)(B) from participating in the
supplemental nutrition assistance program
as a member of any
household.
(r)
Denial of benefits 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 205(r)(3) of the
Social Security Act
42 U.S.C. 405(r)(3)
), 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
State agency
may provide transitional
supplemental nutrition assistance program
benefits—
(A)
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.); or
(B)
at the option of the
State
, to a
household
with children that ceases to receive cash assistance under a
State-
funded public assistance program.
(2)
Transitional benefits period
Under paragraph (1), a
household
may receive transitional
supplemental nutrition assistance program
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
supplemental nutrition assistance program
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
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
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 simplified application and eligibility determination systems and improved access to benefits
(1)
In general
Subject to the availability of appropriations under
section 2027(a) of this title
, for each fiscal year, 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
supplemental nutrition assistance program
simplified application and eligibility determination systems.
(2)
Types of projects
A project under paragraph (1) may consist of—
(A)
coordinating application and eligibility determination processes, including verification practices, under the
supplemental nutrition assistance program
and other Federal,
State,
and local assistance programs;
(B)
establishing enhanced technological methods that improve the administrative infrastructure used in processing applications and determining eligibility; or
(C)
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)
State agency
administering the
supplemental nutrition assistance program
(B)
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)
).
(v)
Data exchange standards for improved interoperability
(1)
Designation
The
Secretary
shall, in consultation with an interagency work group established by the
Office of Management and Budget
, and considering
State
government perspectives, designate data exchange standards to govern, under this chapter—
(A)
necessary categories of information that
State
agencies operating related programs are required under applicable law to electronically exchange with another
State agency
; and
(B)
Federal reporting and data exchange required under applicable law.
(2)
Requirements
The data exchange standards required by paragraph (1) shall, to the maximum extent practicable—
(A)
incorporate a widely accepted, nonproprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
(B)
contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
(C)
incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
(D)
be consistent with and implement applicable accounting principles;
(E)
be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
(F)
be capable of being continually upgraded as necessary.
(3)
Rules of construction
Nothing in this subsection requires a change to existing data exchange standards for Federal reporting found to be effective and efficient.
(w)
Advice regarding employment and training services
For
households
containing at least one adult, with no
elderly or disabled members
and with no earned income at their last certification or required report, a
State agency
shall, at the time of recertification, be required to advise members of the
household
not exempt under
section 2015(d)(2) of this title
regarding available employment and training services.
(x)
National Accuracy Clearinghouse
(1)
Definition of indication of multiple issuance
In this subsection, the term “
indication of multiple issuance
” means an indication, based on a computer match, that
supplemental nutrition assistance program
benefits are being issued to an individual by more than 1
State agency
simultaneously.
(2)
Establishment
(A)
In general
The
Secretary
shall establish an interstate data system, to be known as the “National Accuracy Clearinghouse”, to prevent multiple issuances of
supplemental nutrition assistance program
benefits
to an individual by more than 1
State agency
simultaneously.
(B)
Data matching
The
Secretary
shall require that
State
agencies make available to the National Accuracy Clearinghouse only such information as is necessary for the purpose described in subparagraph (A).
(C)
Data protection
The information made available by
State
agencies under subparagraph (B)—
(i)
shall be used only for the purpose described in subparagraph (A);
(ii)
shall be exempt from the disclosure requirements of
section 552(a) of title 5
pursuant to
section 552(b)(3) of title 5
, to the extent such information is obtained or received by the
Secretary;
(iii)
shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A);
(iv)
shall be used in a manner that protects the identity and location of a vulnerable individual (including a victim of domestic violence) that is an applicant for, or recipient of,
supplemental nutrition assistance program
benefits;
and
(v)
shall meet security standards as determined by the
Secretary
(3)
Issuance of interim final regulations
Not later than 18 months after
December 20, 2018
, the
Secretary
shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that—
(A)
incorporate best practices and lessons learned from the pilot program under
section 2036c(c) of this title
(B)
require a
State agency
to take appropriate action, as determined by the
Secretary,
with respect to each
indication of multiple issuance
of
supplemental nutrition assistance program
benefits, or each indication that an individual receiving such
benefits
in 1
State
has applied to receive such
benefits
in another
State,
while ensuring timely and fair service to applicants for, and recipients of, such
benefits;
(C)
establish standards to limit and protect the information submitted through or retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C);
(D)
establish safeguards to protect—
(i)
the information submitted through or retained by the National Accuracy Clearinghouse, including by limiting the period of time that information is retained to the period necessary to accomplish the purpose described in paragraph (2)(A); and
(ii)
the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and
(E)
include such other rules and standards the
Secretary
determines appropriate to carry out this subsection.
(4)
Timing
The initial match and corresponding actions required by paragraph (3)(B) shall occur within 3 years after
December 20, 2018
Pub. L. 88–525, § 11
Aug. 31, 1964
78 Stat. 707
Pub. L. 95–113, title XIII, § 1301
Sept. 29, 1977
91 Stat. 969
Pub. L. 96–249, title I
, §§ 113, 116–120, 122, 123,
May 26, 1980
94 Stat. 361–363
Pub. L. 97–35, title I, § 111(a)
Aug. 13, 1981
95 Stat. 362
Pub. L. 97–98, title XIII
, §§ 1316–1320(a), 1321–1323,
Dec. 22, 1981
95 Stat. 1286
, 1287;
Pub. L. 97–253, title I
, §§ 166–174, 180(b)(1), 189(b)(2), 190(c)(1),
Sept. 8, 1982
96 Stat. 779
, 780, 783, 787;
Pub. L. 98–204, § 7
Dec. 2, 1983
97 Stat. 1386
Pub. L. 98–369, div. B, title VI, § 2651(i)
July 18, 1984
98 Stat. 1150
Pub. L. 99–198, title XV
, §§ 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
, §§ 808(a), 809(a),
July 22, 1987
101 Stat. 536
Pub. L. 100–435, title II, § 204(a)
, title III, §§ 310, 311, 320, 321(a), 322, 323, 330, 352,
Sept. 19, 1988
102 Stat. 1657
, 1660–1662, 1665;
Pub. L. 101–624, title XVII
, §§ 1736–1741, 1763(b),
Nov. 28, 1990
104 Stat. 3793
, 3794, 3806;
Pub. L. 102–237, title IX, § 941(5)
, (6),
Dec. 13, 1991
105 Stat. 1892
Pub. L. 103–66, title XIII, § 13941(a)
Aug. 10, 1993
107 Stat. 676
Pub. L. 103–296, title I, § 108(f)(2)
, (3),
Aug. 15, 1994
108 Stat. 1487
Pub. L. 104–66, title I, § 1011(x)
Dec. 21, 1995
109 Stat. 711
Pub. L. 104–193, title VIII
, §§ 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
, §§ 1003(a)(1), (2), (b), 1004,
Aug. 5, 1997
111 Stat. 255
, 256;
Pub. L. 105–379, § 1(a)
Nov. 12, 1998
112 Stat. 3399
Pub. L. 107–171, title IV
, §§ 4114(a), 4115(a), 4116(a),
May 13, 2002
116 Stat. 314
, 315;
Pub. L. 108–265, title I, § 104(b)(2)
June 30, 2004
118 Stat. 737
Pub. L. 110–234, title IV
, §§ 4001(b), 4002(a)(6), 4106, 4111(b), 4115(b)(8), 4116–4120, 4406(a)(2), title VII, § 7511(c)(5),
May 22, 2008
122 Stat. 1092
, 1093, 1101, 1102, 1107, 1110–1112, 1140, 1267;
Pub. L. 110–246, § 4(a)
, title IV, §§ 4001(b), 4002(a)(6), 4106, 4111(b), 4115(b)(8), 4116–4120, 4406(a)(2), title VII, § 7511(c)(5),
June 18, 2008
122 Stat. 1664
, 1853, 1854, 1862, 1863, 1868, 1871–1874, 1902, 2029;
Pub. L. 111–296, title II, § 241(b)(2)
Dec. 13, 2010
124 Stat. 3236
Pub. L. 113–79, title IV
, §§ 4013, 4014(a), 4015, 4016(a),
Feb. 7, 2014
128 Stat. 793
, 795;
Pub. L. 115–334, title IV
, §§ 4005(c), 4009–4011, 4013(a), 4022(5),
Dec. 20, 2018
132 Stat. 4632
, 4639, 4640, 4642, 4653;
Pub. L. 117–286, § 4(a)(27)
Dec. 27, 2022
136 Stat. 4308
.)
[1]
See References in Text note below.
Editorial Notes
References in Text
The
Age Discrimination Act of 1975
, referred to in subsec. (c)(2)(A), is title III of
Pub. L. 94–135
Nov. 28, 1975
89 Stat. 728
, which is classified generally to chapter 76 (§ 6101 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 6101 of Title 42
and Tables.
The
Americans with Disabilities Act of 1990
, referred to in subsec. (c)(2)(C), is
Pub. L. 101–336
July 26, 1990
104 Stat. 327
, which is classified principally to chapter 126 (§ 12101 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 12101 of Title 42
and Tables.
The
Civil Rights Act of 1964
, referred to in subsec. (c)(2)(D), is
Pub. L. 88–352
July 2, 1964
78 Stat. 241
. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 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 2000a of Title 42
and Tables.
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
, which was classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians, prior to editorial reclassification as subchapter I (§ 5321 et seq.) of chapter 46 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under
section 5301 of Title 25
and Tables.
The
Immigration and Nationality Act
, referred to in subsec. (e)(15), is act June 27, 1952, ch. 477,
66 Stat. 163
, which is classified principally to chapter 12 (§ 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 Workforce Innovation and Opportunity Act, referred to in subsec. (e)(19), is
Pub. L. 113–128
July 22, 2014
128 Stat. 1425
. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see
section 1(a) of Pub. L. 113–128
, set out as a Short Title note under
section 3101 of Title 29
and Tables.
The
Social Security Act
, referred to in subsec. (s)(1)(A), is act Aug. 14, 1935, ch. 531,
49 Stat. 620
. Part A of title IV of the Act is classified generally to part A (§ 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
, which is classified generally to chapter 13 (§ 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
, which is classified generally to chapter 13A (§ 1771 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 1771 of Title 42
and Tables.
Codification
Pub. L. 110–234
and
Pub. L. 110–246
made identical amendments to this section. The amendments by
Pub. L. 110–234
were repealed by
section 4(a) of Pub. L. 110–246
Amendments
2022—Subsec. (o)(1).
Pub. L. 117–286
substituted “chapter 10 of title 5,” for “the
Federal Advisory Committee Act
,”.
2018—Subsec. (a)(2).
Pub. L. 115–334, § 4022(5)(A)
, substituted “2012(s)(1)” for “2012(t)(1)”.
Subsec. (a)(3)(B).
Pub. L. 115–334, § 4013(a)(1)
, substituted “All records, and the entire information systems in which records are contained, that are covered” for “Records described” in introductory provisions.
Subsec. (a)(3)(B)(i).
Pub. L. 115–334, § 4013(a)(2)
, amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “be available for inspection and audit at any reasonable time;”.
Subsec. (d).
Pub. L. 115–334, § 4022(5)(B)
, substituted “2012(s)(1)” for “2012(t)(1)” wherever appearing and “2012(s)(2)” for “2012(t)(2)” in two places.
Subsec. (e)(17).
Pub. L. 115–334, § 4022(5)(C)(i)
, substituted “2012(s)(1)” for “2012(t)(1)”.
Subsec. (e)(19).
Pub. L. 115–334, § 4005(c)(1)
, inserted “the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (
29 U.S.C. 3111
et seq.),” before “and the basis,”.
Subsec. (e)(23).
Pub. L. 115–334, § 4022(5)(C)(ii)
, substituted “simplified
supplemental nutrition assistance program”
for “Simplified
Supplemental Nutrition Assistance Program”
in introductory provisions.
Subsec. (e)(26).
Pub. L. 115–334, § 4009
, added par. (26).
Subsec. (t).
Pub. L. 115–334, § 4010(1)
, substituted “simplified application” for “simple application” in heading.
Subsec. (t)(1).
Pub. L. 115–334, § 4010(2)
, substituted “implement
supplemental nutrition assistance program
simplified application and eligibility determination systems” for “implement—
“(A) simple
supplemental nutrition assistance program
application and eligibility determination systems; or
“(B) measures to improve access to
supplemental nutrition assistance program
benefits
by eligible
households”
Subsec. (t)(2)(B).
Pub. L. 115–334, § 4010(3)(A)
, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “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;”.
Subsec. (t)(2)(C) to (E).
Pub. L. 115–334, § 4010(3)(B)
, (C), redesignated subpar. (E) as (C) and struck out former subpars. (C) and (D) which read as follows:
“(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”.
Subsec. (w).
Pub. L. 115–334, § 4005(c)(2)
, added subsec. (w).
Subsec. (x).
Pub. L. 115–334, § 4011
, added subsec. (x).
Subsec. (e)(3).
Pub. L. 113–79, § 4013(1)
, inserted “and after compliance with the requirement specified in paragraph (24)” after “
section 2025(e) of this title
”.
Subsec. (e)(24).
Pub. L. 113–79, § 4013(2)
–(4), added par. (24).
Subsec. (e)(25).
Pub. L. 113–79, § 4014(a)
, added par. (25).
Subsec. (p).
Pub. L. 113–79, § 4015
, added subsec. (p) and struck out former subsec. (p). Prior to amendment, text read as follows: “Notwithstanding any other provision of law, in carrying out the
supplemental nutrition assistance program,
State agency
shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the
Social Security Act
42 U.S.C. 1320b–7
).”
Subsec. (v).
Pub. L. 113–79, § 4016(a)
, added subsec. (v).
2010—Subsec. (f).
Pub. L. 111–296
struck out subsec. (f) which related to nutrition education.
2008—
Pub. L. 110–246, § 4001(b)
, substituted
“supplemental nutrition assistance program”
for
“food
stamp program” wherever appearing in subsecs. (d), (e) (except par. (25)), (f), (g), (i), (j), (o) to (q), and (t).
Subsec. (a).
Pub. L. 110–246, § 4116
, added subsec. (a) and struck out former subsec. (a) which read as follows: “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 provisions 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.”
Subsec. (c).
Pub. L. 110–246, § 4117
, added subsec. (c) and struck out former subsec. (c) which read as follows: “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.”
Subsec. (d).
Pub. L. 110–246, § 4115(b)(8)(A)
, substituted “section 2012(t)(1)” for “section 2012(n)(1)” wherever appearing and “section 2012(t)(2)” for “section 2012(n)(2)” in two places.
Subsec. (e).
Pub. L. 110–246, § 4115(b)(8)(E)
, substituted
“benefits”
for
“coupons”
wherever appearing in pars. (2)(B)(vi), (8), (9), (11), (18), and (21).
Pub. L. 110–246, § 4002(a)(6)(A)(i)
, (ii), substituted
“supplemental nutrition assistance program
benefits” for
“food
stamps” wherever appearing and
“supplemental nutrition assistance program
offices” for
“food
stamp offices” in two places.
Subsec. (e)(1).
Pub. L. 110–246, § 4118
, realigned margins and in subpar. (B) substituted “comply with regulations of the
Secretary
requiring the use of” for “use”.
Subsec. (e)(2)(B)(iii).
Pub. L. 110–246, § 4002(a)(6)(A)(iii)
, substituted
“supplemental nutrition assistance program
office” for
“food
stamp office”.
Subsec. (e)(2)(C).
Pub. L. 110–246, § 4119
, inserted subpar. heading, designated existing provisions as cl. (i), inserted cl. heading, and added cls. (ii) and (iii).
Subsec. (e)(7).
Pub. L. 110–246, § 4115(b)(8)(D)
, substituted
“benefit”
for
“coupon”
Subsec. (e)(8).
Pub. L. 110–246, § 4120(1)
, in introductory provisions, substituted “safeguards which prohibit the use or disclosure of information obtained from applicant
households”
for “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”.
Subsec. (e)(8)(A) to (D).
Pub. L. 110–246, § 4120(2)
, (3), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively. Former subpar. (D) redesignated (E).
Subsec. (e)(8)(E).
Pub. L. 110–246, § 4120(2)
, redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Pub. L. 110–246, § 4115(b)(8)(B)(i)
, substituted “paragraph (15) or (18)(B)” for “paragraph (16) or (20)(B)”.
Subsec. (e)(8)(F).
Pub. L. 110–246, § 4120(2)
, (4), redesignated subpar. (E) as (F) and inserted “or subsection (u)” before semicolon at end.
Subsec. (e)(15) to (17).
Pub. L. 110–246, § 4115(b)(8)(B)(ii)
–(iv), redesignated pars. (16) to (18) as (15) to (17), respectively, in par. (17), substituted “described in
section 2012(t)(1) of this title
” for “(described in
section 2012(n)(1) of this title
)”, and struck out former par. (15) which read as follows: “that the
State agency
shall require each
household
certified as eligible to participate by methods other than the out-of-office methods 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;”.
Subsec. (e)(18) to (24).
Pub. L. 110–246, § 4115(b)(8)(B)(ii)
, (iii), redesignated pars. (20) to (25) as (18) to (23), respectively, and struck out former par. (19) which read as follows: “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;”. Former par. (18) redesignated (17).
Subsec. (e)(25).
Pub. L. 110–246, § 4115(b)(8)(B)(iii)
, redesignated par. (25) as (23).
Pub. L. 110–246, § 4002(a)(6)(A)(iv)
, substituted “Simplified
Supplemental Nutrition Assistance Program”
for “Simplified
Food
Stamp Program” in introductory provisions and
“supplemental nutrition assistance program
benefits” for
“food
stamp
benefits”
in subpar. (A).
Subsec. (f).
Pub. L. 110–246, § 4111(b)
, added subsec. (f) and struck out former subsec. (f) which related to assignment of responsibility for nutrition education to the Cooperative Extension Service, in cooperation with the
Food and Nutrition Service
, and grants to eligible private nonprofit organizations and
State
agencies to direct a collaborative effort to coordinate and integrate nutrition education into other programs available to
food
stamp program participants and other low-income
households.
Subsec. (f)(1).
Pub. L. 110–246, § 7511(c)(5)
, which directed substitution of “National Institute of
Food
and Agriculture” for “Cooperative Extension Service”, could not be executed because “Cooperative Extension Service” did not appear subsequent to amendment by
Pub. L. 110–246, § 4111(b)
. See above and Effective Date of 2008 Amendment note below.
Subsec. (h).
Pub. L. 110–246, § 4115(b)(8)(C)
, substituted
“benefits”
for
“coupon
or
coupons”
Subsec. (k).
Pub. L. 110–246, § 4002(a)(6)(B)
, substituted “may provide, on request by the
State agency,
supplemental nutrition assistance program
benefits” for “may issue, upon request by the
State agency,
food
stamps”.
Subsec. (l).
Pub. L. 110–246, § 4002(a)(6)(C)
, substituted
“supplemental nutrition assistance program
participation” for
“food
stamp participation”.
Subsec. (n).
Pub. L. 110–246, § 4115(b)(8)(E)
, substituted “both
benefits
and
benefits
or payments” for “both
coupons
and
benefits
or payments” and “both
benefits
and assistance provided in lieu of
benefits”
for “both
coupons
and assistance provided in lieu of
coupons”
Subsec. (q).
Pub. L. 110–246, § 4115(b)(8)(F)
, substituted “subsection (e)(18)(B)” for “subsection (e)(20)(B)”.
Pub. L. 110–246, § 4002(a)(6)(D)
, substituted
“benefits”
for
“food
stamps” in heading.
Subsec. (r).
Pub. L. 110–246, § 4002(a)(6)(D)
, substituted
“benefits”
for
“food
stamps” in heading.
Subsec. (s)(1).
Pub. L. 110–246, § 4106
, designated part of existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 110–246, § 4002(a)(6)(E)
, substituted
“supplemental nutrition assistance program
benefits” for
“food
stamp
benefits”
Subsec. (s)(2), (3).
Pub. L. 110–246, § 4002(a)(6)(E)
, substituted
“supplemental nutrition assistance program
benefits” for
“food
stamp
benefits”
Subsec. (t)(1).
Pub. L. 110–246, § 4406(a)(2)
, substituted “Subject to the availability of appropriations under
section 2027(a) of this title
, for each fiscal year” for “For each of fiscal years 2003 through 2007”.
Pub. L. 110–246, § 4002(a)(6)(F)
, substituted
“supplemental nutrition assistance program
application” for
“food
stamp application” in subpar. (A) and
“supplemental nutrition assistance program
benefits” for
“food
stamp
benefits”
in subpar. (B).
2004—Subsec. (u).
Pub. L. 108–265
added subsec. (u).
2002—Subsec. (e)(2)(B)(ii).
Pub. L. 107–171, § 4114(a)
, designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (s).
Pub. L. 107–171, § 4115(a)
, added subsec. (s).
Subsec. (t).
Pub. L. 107–171, § 4116(a)
, added subsec. (t).
1998—Subsec. (r).
Pub. L. 105–379
added subsec. (r).
1997—Subsec. (e)(8)(E).
Pub. L. 105–33, § 1003(a)(2)
, substituted “paragraph (16) or (20)(B)” for “paragraph (16)”.
Subsec. (e)(20).
Pub. L. 105–33, § 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, § 1004
, inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (q).
Pub. L. 105–33, § 1003(b)
, added subsec. (q).
1996—Subsec. (e)(2).
Pub. L. 104–193, § 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
, §§ 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, § 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
, §§ 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, § 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, § 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, § 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, § 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, § 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, § 835(1)(D)(i)
, redesignated par. (19) as (18). Former par. (18) redesignated (17).
Subsec. (e)(19) to (22).
Pub. L. 104–193, § 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
, §§ 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, § 835(1)(D)(ii)
, redesignated par. (26) as (24). Former par. (24) redesignated (23).
Subsec. (e)(25).
Pub. L. 104–193, § 854(b)
, added par. (25).
Pub. L. 104–193
, §§ 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 within such area where the mail loss rates exceed standards set by the
Secretary.
Subsec. (e)(26).
Pub. L. 104–193, § 835(1)(D)(ii)
, redesignated par. (26) as (24).
Pub. L. 104–193, § 819(b)(3)
, added par. (26).
Subsec. (g).
Pub. L. 104–193, § 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, § 835(2)(A)
, inserted subsec. heading.
Subsec. (i)(1).
Pub. L. 104–193, § 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, § 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, § 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, § 108(f)(3)
, inserted “, the Commissioner of Social Security” after “the
Secretary”
in first sentence.
Subsec. (j).
Pub. L. 103–296, § 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, § 941(6)
, redesignated subsec. (p) as (b) and transferred it to follow subsec. (a).
Subsec. (e)(2).
Pub. L. 102–237, § 941(5)(A)
, substituted a semicolon for period at end.
Subsec. (e)(3)(D).
Pub. L. 102–237, § 941(5)(B)(i)
, substituted “
section 2015 of this title
)” for “
section 2015 of this title
”.
Subsec. (e)(3)(E).
Pub. L. 102–237, § 941(5)(B)(ii)
, made technical amendment to clarify alignment of margin of concluding provisions.
Subsec. (e)(15).
Pub. L. 102–237, § 941(5)(C)
, substituted a semicolon for period at end.
Subsec. (p).
Pub. L. 102–237, § 941(6)
, redesignated subsec. (p) as (b) and transferred it to follow subsec. (a).
1990—Subsec. (e)(2).
Pub. L. 101–624, § 1736(1)
, substituted “on or near its front cover) explanations” for “instructions” in third sentence.
Pub. L. 101–624, § 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, § 1737
, inserted before semicolon at end a period followed by “Under rules prescribed by the
Secretary,
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, § 1738(1)
, struck out “and” after “within the
State;
”.
Subsec. (e)(22).
Pub. L. 101–624, § 1738(2)
, substituted semicolon for period at end.
Subsec. (e)(25).
Pub. L. 101–624, § 1738(3)
–(5), added par. (25).
Subsec. (f).
Pub. L. 101–624, § 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, § 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, § 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, § 1741
, inserted “
supplemental security income
or” after “recipient of”.
1988—Subsec. (e)(1)(A).
Pub. L. 100–435, § 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, § 310
, inserted provisions relating to brief, simply-written, and readable application forms.
Pub. L. 100–435, § 330
, substituted “The
State agency
shall waive in-office interviews, on a
household’
s request, if a
household
is unable to appoint an authorized 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, § 323
, inserted provisions at end relating to dissemination of statements describing reporting responsibilities and telephone number to call
State agency.
Pub. L. 100–435, § 311
, inserted cls. (A) to (E).
Subsec. (e)(6)(C).
Pub. L. 100–435, § 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, § 321(a)
, added cl. (D).
Subsec. (e)(6)(E).
Pub. L. 100–435, § 322(b)
, added cl. (E).
Subsec. (i).
Pub. L. 100–435, § 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, § 320
, added subsec. (p).
1987—Subsec. (e)(1)(A).
Pub. L. 100–77, § 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, § 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, § 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, § 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, § 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, § 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, § 1517(b)
, added par. (22).
Subsec. (e)(23).
Pub. L. 99–198, § 1526
, added par. (23).
Subsec. (e)(24).
Pub. L. 99–198, § 1535(b)(1)
, added par. (24).
Subsec. (f).
Pub. L. 99–198, § 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, § 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, § 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, § 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, § 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, § 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 follows: “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, § 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, § 167(a)
, struck out “points and hours of certification, and for” after
“Secretary
for” in last sentence.
Subsec. (e)(3).
Pub. L. 97–253, § 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, § 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, § 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, § 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, § 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’
benefits,
the
State agency
may act immediately to reduce or terminate the
household’
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
, §§ 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, § 190(c)(1)
, redesignated pars. (14) to (22) as (13) to (21), respectively.
Subsec. (e)(22).
Pub. L. 97–253
, §§ 172, 190(c)(1), added par. (22) and redesignated it as par. (21).
Subsec. (i).
Pub. L. 97–253
, §§ 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, § 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, § 174
, added subsec. (n).
1981—Subsec. (b).
Pub. L. 97–98, § 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, § 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, § 1318
, substituted “prior to” for “immediately prior to or at” and “advising the
household”
for “advising it”.
Subsec. (e)(8).
Pub. L. 97–98, § 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, § 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, § 1321
, added pars. (20) and (21).
Subsec. (f).
Pub. L. 97–98, § 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, § 1323
, added subsec. (m).
1980—Subsec. (e)(3).
Pub. L. 96–249, § 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, § 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
, §§ 117–119, added pars. (17) to (19).
Subsec. (g).
Pub. L. 96–249, § 120
, inserted “, 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,” 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, § 122
, substituted “simple application” for “simplified affidavit”.
Subsec. (l).
Pub. L. 96–249, § 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
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Pub. L. 111–296
effective
Oct. 1, 2010
, except as otherwise specifically provided, see
section 445 of Pub. L. 111–296
, set out as a note under
section 1751 of Title 42
, The Public Health and Welfare.
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Pub. L. 110–234
by
Pub. L. 110–246
effective
May 22, 2008
, the date of enactment of
Pub. L. 110–234
, except as otherwise provided, see
section 4 of Pub. L. 110–246
, set out as an Effective Date note under
section 8701 of this title
Amendment by sections 4001(b), 4002(a)(6), 4106, 4111(b), 4115(b)(8), 4116–4120, and 4406(a)(2) of
Pub. L. 110–246
effective
Oct. 1, 2008
, see
section 4407 of Pub. L. 110–246
, set out as a note under
section 1161 of Title 2
, The
Congress
Amendment by
section 7511(c)(5) of Pub. L. 110–246
effective
Oct. 1, 2009
, see
section 7511(c) of Pub. L. 110–246
, set out as a note under
section 1522 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, § 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, § 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
Pub. L. 105–33, title I, § 1003(a)(3)
Aug. 5, 1997
111 Stat. 255
, 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
Pub. L. 100–77, title VIII, § 809(b)
July 22, 1987
101 Stat. 536
, 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
Pub. L. 99–198, title XV, § 1531(a)
, (b),
Dec. 23, 1985
99 Stat. 1582
, provided that the amendments made by section 1531(a), (b) 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
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
Pub. L. 95–113, title XIII, § 1301
Sept. 29, 1977
91 Stat. 958
, provided that the amendment made by section 1301 is effective
Oct. 1, 1977
Regulations
Pub. L. 113–79, title IV, § 4016(b)
Feb. 7, 2014
128 Stat. 795
, provided that:
“(1)
In general.—
Not later than 2 years after the date of enactment of this Act [
Feb. 7, 2014
], the
Secretary
[of Agriculture] shall issue a proposed rule to carry out the amendments made by this section [amending this section].
“(2)
Requirements.—
The rule shall—
“(A)
identify federally required data exchanges;
“(B)
include specification and timing of exchanges to be standardized;
“(C)
address the factors used in determining whether and when to standardize data exchanges;
“(D)
specify
State
implementation options; and
“(E)
describe future milestones.”
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
§ 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.
Availability of Information Under the
Food and Nutrition Act of 2008
Pub. L. 114–92, div. A, title VI, § 605
Nov. 25, 2015
129 Stat. 837
, provided that:
“In administering the
supplemental nutrition assistance program
established under the
Food and Nutrition Act of 2008
7 U.S.C. 2011
et seq.), the
Secretary
of Agriculture shall ensure that any safeguards that prevent the use or disclosure of information obtained from applicant
households
shall not prevent the use of that information by, or the disclosure of that information to, the
Secretary of Defense
for purposes of determining the number of applicant
households
that contain one or more members of a regular component or reserve component of the Armed Forces.”
Report
Pub. L. 105–379, § 1(b)
Nov. 12, 1998
112 Stat. 3399
, as amended by
Pub. L. 110–234, title IV, § 4002(b)(1)(B)
, (2)(PP),
May 22, 2008
122 Stat. 1096
, 1098;
Pub. L. 110–246, § 4(a)
, title IV, § 4002(b)(1)(B), (2)(PP),
June 18, 2008
122 Stat. 1664
, 1857, 1859, 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 and Nutrition Act of 2008
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
Pub. L. 101–624, title XVII, § 1742
Nov. 28, 1990
104 Stat. 3795
, 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
Executive Documents
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
[now the
Food and Nutrition Act of 2008
] (
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.
CFR Title
Parts
251
253
271
272
273
274
275
276
277
278
279
280
281
282
283
285
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