-CITE- 7 USC CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -MISC1- Sec. 2011. Congressional declaration of policy. 2012. Definitions. 2012a. Publicly operated community health centers. 2013. Establishment of supplemental nutrition assistance program. 2014. Eligible households. 2015. Eligibility disqualifications. 2016. Issuance and use of program benefits. 2017. Value of allotment. 2018. Approval of retail food stores and wholesale food concerns. 2019. Redemption of program benefits. 2020. Administration. 2021. Civil penalties and disqualification of retail food stores and wholesale food concerns. 2022. Disposition of claims. 2023. Administrative and judicial review; restoration of rights. 2024. Violations and enforcement. 2025. Administrative cost-sharing and quality control. 2026. Research, demonstration, and evaluations. 2027. Appropriations and allotments. 2028. Consolidated block grants for Puerto Rico and American Samoa. 2029. Workfare. 2030. Repealed. 2031. Minnesota Family Investment Project. 2032. Automated data processing and information retrieval systems. 2033. Repealed. 2034. Assistance for community food projects. 2035. Simplified supplemental nutrition assistance program. 2036. Availability of commodities for emergency food assistance program. -End- -CITE- 7 USC Sec. 2011 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2011. Congressional declaration of policy -STATUTE- It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low- income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. -SOURCE- (Pub. L. 88-525, Sec. 2, Aug. 31, 1964, 78 Stat. 703; Pub. L. 91- 671, Sec. 1, Jan. 11, 1971, 84 Stat. 2048; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 958; Pub. L. 110-234, title IV, Sec. 4001(b), May 22, 2008, 122 Stat. 1092; Pub. L. 110- 246, Sec. 4(a), title IV, Sec. 4001(b), June 18, 2008, 122 Stat. 1664, 1853.) -COD- 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. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". 1977 - Pub. L. 95-113 substituted "a more nutritious diet" for "a nutritionally adequate diet" as the object of the program. 1971 - Pub. L. 91-671 provided for cooperation in utilization of Nation's abundance of food by other agencies, struck out "to the maximum extent practicable" before "to safeguard the health", enunciated finding that limited food purchasing power of low-income households contributes to hunger and malnutrition, and substituted "promote the distribution" for "will tend to cause the distribution" and authorization of a program (to alleviate hunger and malnutrition) which will permit low-income households to purchase a nutritionally adequate diet through normal channels of trade for prior authorization of a program (to effectuate policy of Congress and purposes of this chapter) which will permit such households to receive a greater share of Nation's abundance of food. 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 section 4001(b) 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. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-171, title IV, Sec. 4001, May 13, 2002, 116 Stat. 305, provided that: "This title [enacting section 3007 of this title and section 1161 of Title 2, The Congress, amending sections 1431e, 2012, 2014 to 2017, 2019, 2020, 2022, 2023, 2025 to 2028, 2031, 2034, 2036, and 7508 of this title, sections 1612, 1613, and 1631 of Title 8, Aliens and Nationality, and sections 1755, 1758, 1760, 1769, and 1786 of Title 42, The Public Health and Welfare, repealing section 2033 of this title, enacting provisions set out as notes under sections 612c, 2014 to 2016, 2019, 2020, 2022, 2023, 2025, 2026, 2028, 2034, 2036, and 3171 of this title, section 1161 of Title 2, section 1612 of Title 8, and sections 1755, 1758, 1769, and 1786 of Title 42, and amending provisions set out as a note under section 612c of this title] may be cited as the 'Food Stamp Reauthorization Act of 2002'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-171, Sec. 1, Feb. 11, 2000, 114 Stat. 3, provided that: "This Act [amending section 2016 of this title and enacting provisions set out as notes under section 2016 of this title] may be cited as the 'Electronic Benefit Transfer Interoperability and Portability Act of 2000'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-225, Sec. 1, Mar. 25, 1994, 108 Stat. 106, provided that: "This Act [amending sections 2012, 2014 to 2016, 2018, and 2026 of this title, enacting provisions set out as notes under section 2012 of this title, and repealing provisions set out as notes under sections 2015 and 2016 of this title] may be cited as the 'Food Stamp Program Improvements Act of 1994'." SHORT TITLE OF 1993 AMENDMENT Pub. L. 103-66, title XIII, Sec. 13901(a), Aug. 10, 1993, 107 Stat. 672, provided that: "This chapter [chapter 3 (Secs. 13901- 13971) of title XIII of Pub. L. 103-66, amending sections 2012, 2014, 2015, 2017, 2020 to 2023, 2025, 2026, and 2028 of this title, and enacting provisions set out as a note under section 2025 of this title] may be cited as the 'Mickey Leland Childhood Hunger Relief Act'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-624, title XVII, Sec. 1701, Nov. 28, 1990, 104 Stat. 3783, provided that: "This title [enacting section 2032 of this title, amending sections 1431, 1431e, 2012, 2014 to 2018, 2020 to 2022, 2024 to 2028, 3175, and 3175e of this title, section 6109 of Title 26, Internal Revenue Code, and sections 405 and 9904 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 612c, 2012, 2014, 2020, 2025, and 2028 of this title and section 1751 of Title 42, and amending provisions set out as notes under sections 612c and 2012 of this title] may be cited as the 'Mickey Leland Memorial Domestic Hunger Relief Act'." SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-435, Sec. 1(a), Sept. 19, 1988, 102 Stat. 1645, provided that: "This Act [amending sections 2012, 2014 to 2017, 2020 to 2023, 2025, and 2026 of this title, section 713a-14 of Title 15, Commerce and Trade, and sections 1761, 1766, 1773, and 1786 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 612c and 2012 of this title and sections 1766 and 1786 of Title 42, and amending provisions set out as notes under sections 612c, 1731, and 2012 of this title] may be cited as the 'Hunger Prevention Act of 1988'." Pub. L. 100-232, Sec. 1, Jan. 5, 1988, 101 Stat. 1566, provided that: "This Act [amending section 2014 of this title and enacting provisions set out as a note under section 612c of this title] may be cited as the 'Charitable Assistance and Food Bank Act of 1987'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-570, title XI, Sec. 11001, Oct. 27, 1986, 100 Stat. 3207-167, provided that: "This title [amending sections 2012, 2018 and 2019 of this title, sections 1531 and 1603 of Title 29, Labor, sections 3003 and 3020 [now 5103 and 5120] of Title 38, Veterans' Benefits, and sections 1383 and 1396a of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 2012 of this title, sections 5103 and 5120 of Title 38, and sections 602, 1383 and 1396a of Title 42] may be cited as the 'Homeless Eligibility Clarification Act'." SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-253, title I, Sec. 140, Sept. 8, 1982, 96 Stat. 772, provided that: "This subtitle [subtitle E (Secs. 140-193) of title I of Pub. L. 97-253, amending sections 2012, 2014, 2015, 2016, 2017, 2018, 2020, 2021, 2022, 2023, 2025, 2026, 2027, 2028, and 2029 of this title and enacting provisions set out as notes under sections 1624, 2012, and 2028 of this title] may be cited as the 'Food Stamp Act Amendments of 1982'." SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-98, title XIII, Sec. 1301, Dec. 22, 1981, 95 Stat. 1282, provided that: "This title [enacting sections 2029 and 2270 of this title, amending sections 2012, 2014 to 2016, 2018 to 2020, and 2023 to 2027 of this title, enacting a provision set out as a note under section 2012 of this title, and amending provisions set out as notes under section 612c of this title] may be cited as the 'Food Stamp and Commodity Distribution Amendments of 1981'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-249, Sec. 1, May 26, 1980, 94 Stat. 357, provided: "That this Act [amending sections 2012, 2014, 2015, 2019, 2020, and 2024 to 2027 of this title, sections 6103 and 7213 of Title 26, Internal Revenue Code, and sections 503 and 504 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 2014 and 2026 of this title, section 6103 of Title 26, and section 503 of Title 42] may be cited as the 'Food Stamp Act Amendments of 1980'." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-339, Sec. 1, July 5, 1976, 90 Stat. 799, provided: "That this Act [amending sections 2012, 2015, and 2016 of this title] may be cited as the 'Emergency Food Stamp Vendor Accountability Act of 1976'." SHORT TITLE Pub. L. 88-525, Sec. 1, Aug. 31, 1964, 78 Stat. 703, as amended by Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 958; Pub. L. 110-234, title IV, Sec. 4001(a), May 22, 2008, 122 Stat. 1092; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4001(a), June 18, 2008, 122 Stat. 1664, 1853, provided that: "This Act [enacting this chapter] may be cited as the 'Food and Nutrition Act of 2008'." STUDY OF NATIONAL DATABASE FOR FEDERAL MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS Pub. L. 105-379, Sec. 2, Nov. 12, 1998, 112 Stat. 3399, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (B), (2)(PP), May 22, 2008, 122 Stat. 1095, 1096, 1098; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (B), (2)(PP), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: "(a) In General. - The Secretary of Agriculture shall conduct a study of options for the design, development, implementation, and operation of a national database to track participation in Federal means-tested public assistance programs. "(b) Administration. - In conducting the study, the Secretary shall - "(1) analyze available data to determine - "(A) whether the data have addressed the needs of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); "(B) whether additional or unique data need to be developed to address the needs of the supplemental nutrition assistance program; and "(C) the feasibility and cost-benefit ratio of each available option for a national database; "(2) survey the States to determine how the States are enforcing the prohibition on recipients receiving assistance in more than one State under Federal means-tested public assistance programs; "(3) determine the functional requirements of each available option for a national database; and "(4) ensure that all options provide safeguards to protect against the unauthorized use or disclosure of information in the national database. "(c) Report. - Not later than 1 year after the date of enactment of this Act [Nov. 12, 1998], the Secretary shall submit to Congress a report on the results of the study conducted under this section. "(d) Funding. - Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary of Agriculture $500,000 to carry out this section. The Secretary shall be entitled to receive the funds and shall accept the funds, without further appropriation." WELFARE SIMPLIFICATION AND COORDINATION ADVISORY COMMITTEE Pub. L. 101-624, title XVII, Sec. 1778, Nov. 28, 1990, 104 Stat. 3814, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (D), (2)(KK), May 22, 2008, 122 Stat. 1095, 1096, 1098; Pub. L. 110- 246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (D), (2)(KK), June 18, 2008, 122 Stat. 1857, 1859, provided that: "(a) Appointment and Membership. - "(1) Establisment [sic]. - There is established an Advisory Committee on Welfare Simplification and Coordination (hereafter in this section referred to as the 'Committee') consisting of not fewer than 7, nor more than 11, members appointed by the Secretary of Agriculture (hereafter in this section referred to as the 'Secretary'), after consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, and with the advice of State and local officials responsible for administering the supplemental nutrition assistance program, cash and medical assistance programs for low- income families and individuals under the Social Security Act [42 U.S.C. 301 et seq.], and programs providing housing assistance to needy families and individuals, and representatives of recipients and recipient advocacy organizations associated with such programs. "(2) Qualifications. - The members of the Committee shall be individuals who are familiar with the rules, goals, and limitations of Federal supplemental nutrition assistance program benefits, cash, medical, and housing assistance programs for low- income families and individuals, and may include individuals who have demonstrated expertise in evaluating the operations of and interaction among such programs as they affect administrators and recipients, persons who have experience in administering such programs at the Federal, State, or local level, and representatives of administrators and recipients affected by such programs. "(b) Purpose. - It shall be the purpose of the Committee, in consultation, where appropriate, with program administrators and representatives of recipients - "(1) to identify the significant policies implemented in the supplemental nutrition assistance program, cash and medical assistance programs under the Social Security Act [42 U.S.C. 301 et seq.], and housing assistance programs (whether resulting from law, regulations, or administrative practice) that, because they differ substantially, make it difficult for those eligible to apply for and obtain benefits from more than one program and restrict the ability of administrators of such programs to provide efficient, timely, and appropriate benefits to those eligible for more than one type of assistance, drawing, where appropriate, on previous efforts to coordinate and simplify such programs and policies; "(2) to examine the major reasons for such different programs and policies; "(3) to evaluate how and the extent to which such different programs and policies hinder, to a significant degree, the receipt of benefits from more than one program and substantially restrict administrators' ability to provide efficient, timely, and appropriate benefits; "(4) to recommend common or simplified programs and policies (including recommendations for changes in law, regulations, and administrative practice and for policies that do not currently exist in such programs) that would substantially reduce difficulties in applying for and obtaining benefits from more than one program and significantly increase the ability of administrators of such programs to efficiently provide timely and appropriate assistance to those eligible for more than one type of assistance; and "(5) to describe the major effects of such common or simplified programs and policies (including how such common or simplified programs and policies would enhance or conflict with the purposes of such programs, how they would ease burdens on administrators and recipients, how they would affect program costs and participation, and the degree to which they would change the relationships between the Federal Government and the States in such programs) and the reasons for recommending such programs and policies (including reasons, if any, that might be sufficient to override special rules derived from the purposes of individual programs). "(c) Administrative Support. - The Secretary shall provide the Committee with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. "(d) Reimbursement. - Members of the Committee shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by such members in the performance of the duties of the Committee. "(e) Reports. - Not later than July 1, 1993, the Committee shall prepare and submit, to the appropriate committees of Congress, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development a final report, including recommendations for common or simplified programs and policies and the effects of and reasons for such programs and policies and may submit interim reports, including reports on common or simplified programs and policies covering less than the complete range of programs and policies under review, to the committees and such Secretaries as deemed appropriate by the Committee." RULES Pub. L. 99-198, title XV, Sec. 1583, Dec. 23, 1985, 99 Stat. 1595, provided that: "Not later than April 1, 1987, the Secretary shall issue rules to carry out the amendments made by this title [amending sections 612c, 1431e, 2012 to 2023, and 2025 to 2029 of this title, section 49b of Title 29, Labor, and section 503 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 612c of this title]." IMPLEMENTATION OF 1977 AMENDMENT; SAVINGS PROVISION; AVAILABILITY OF APPROPRIATED FUNDS; REPORT Pub. L. 95-113, title XIII, Sec. 1303, Sept. 29, 1997, 91 Stat. 979, as amended by Pub. L. 97-375, title I, Sec. 103(a), Dec. 21, 1982, 96 Stat. 1819, provided that: "(a) The Secretary of Agriculture shall implement the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, this chapter] as expeditiously as possible consistent with the efficient and effective administration of the food stamp program. The provisions of the Food Stamp Act of 1964, as amended [this chapter prior to amendment by Pub. L. 95-113], which are relevant to current regulations of the Secretary governing the food stamp program, shall remain in effect until such regulations are revoked, superseded, amended, or modified by regulations issued pursuant to the Food Stamp Act of 1977. Coupons issued pursuant to the Food Stamp Act of 1964, as amended, and in general use as of the effective date of the Food Stamp Act of 1977 [Oct. 1, 1977], shall continue to be usable to purchase food, and all other liabilities of the Secretary, States, and applicant or participating households, under the Food Stamp Act of 1964, as amended, shall continue in force until finally resolved or terminated by administrative or judicial action, or otherwise. "(b) Pending proceedings under the Food Stamp Act of 1964, as amended, shall not be abated by reason of any provision of the Food Stamp Act of 1977, but shall be disposed of pursuant to the applicable provisions of the Food Stamp Act of 1964, as amended, in effect prior to the effective date of the Food Stamp Act of 1977 [Oct. 1, 1977]. "(c) Appropriations made available to carry out the Food Stamp Act of 1964, as amended, shall be available to carry out the provisions of the Food Stamp Act of 1977. "(d) [Repealed. Pub. L. 97-375, title I, Sec. 103(a), Dec. 1, 1982, 96 Stat. 1819.]" [References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110-246, set out as a note under section 2012 of this title.] -End- -CITE- 7 USC Sec. 2012 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2012. Definitions -STATUTE- As used in this chapter, the term: (a) "Access device" means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter. (b) "Allotment" means the total value of benefits a household is authorized to receive during each month. (c) "Allowable medical expenses" means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness. (d) Benefit. - The term "benefit" means the value of supplemental nutrition assistance provided to a household by means of - (1) an electronic benefit transfer under section 2016(i) of this title; or (2) other means of providing assistance, as determined by the Secretary. (e) Benefit Issuer. - The term "benefit issuer" means any office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated functional responsibility in connection with, the issuance of benefits to households. (f) "Certification period" means the period for which households shall be eligible to receive benefits. The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months. The limits specified in this subsection may be extended until the end of any transitional benefit period established under section 2020(s) of this title. (g) "Coupon" means any coupon, stamp, type of certificate, authorization card,(!1) cash or check issued in lieu of a coupon,.(!2) (h) "Drug addiction or alcoholic treatment and rehabilitation program" means any such program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics. (i) EBT Card. - The term "EBT card" means an electronic benefit transfer card issued under section 2016(i) of this title. (j) "Elderly or disabled member" means a member of a household who - (1) is sixty years of age or older; (2)(A) receives supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or Federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93-66 (42 U.S.C. 1382 note), or (B) receives Federally or State administered supplemental assistance of the type described in section 1616(a) of the Social Security Act (42 U.S.C. 1382e(a)), interim assistance pending receipt of supplemental security income, disability-related medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or disability-based State general assistance benefits, if the Secretary determines that such benefits are conditioned on meeting disability or blindness criteria at least as stringent as those used under title XVI of the Social Security Act; (3) receives disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] or receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); (4) is a veteran who - (A) has a service-connected or non-service-connected disability which is rated as total under title 38; or (B) is considered in need of regular aid and attendance or permanently housebound under such title; (5) is a surviving spouse of a veteran and - (A) is considered in need of regular aid and attendance or permanently housebound under title 38; or (B) is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under title 38, and has a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); (6) is a child of a veteran and - (A) is considered permanently incapable of self-support under section 1314 of title 38; or (B) is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under title 38, and has a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); or (7) is an individual receiving an annuity under section 2(a)(1)(iv) or 2(a)(1)(v) of the Railroad Retirement Act of 1974 (45 U.S.C. 231a(a)(1)(iv) or 231a(a)(1)(v)), if the individual's service as an employee under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], after December 31, 1936, had been included in the term "employment" as defined in the Social Security Act [42 U.S.C. 301 et seq.], and if an application for disability benefits had been filed. (k) "Food" means (1) any food or food product for home consumption except alcoholic beverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection, (2) seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, (3) in the case of those persons who are sixty years of age or over or who receive supplemental security income benefits or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and their spouses, meals prepared by and served in senior citizens' centers, apartment buildings occupied primarily by such persons, public or private nonprofit establishments (eating or otherwise) that feed such persons, private establishments that contract with the appropriate agency of the State to offer meals for such persons at concessional prices, and meals prepared for and served to residents of federally subsidized housing for the elderly, (4) in the case of persons sixty years of age or over and persons who are physically or mentally handicapped or otherwise so disabled that they are unable adequately to prepare all of their meals, meals prepared for and delivered to them (and their spouses) at their home by a public or private nonprofit organization or by a private establishment that contracts with the appropriate State agency to perform such services at concessional prices, (5) in the case of narcotics addicts or alcoholics, and their children, served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, (6) in the case of certain eligible households living in Alaska, equipment for procuring food by hunting and fishing, such as nets, hooks, rods, harpoons, and knives (but not equipment for purposes of transportation, clothing, or shelter, and not firearms, ammunition, and explosives) if the Secretary determines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such households depend to a substantial extent upon hunting and fishing for subsistence, (7) in the case of disabled or blind recipients of benefits under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], or are (!3) individuals described in paragraphs (2) through (7) of subsection (j) of this section, who are residents in a public or private nonprofit group living arrangement that serves no more than sixteen residents and is certified by the appropriate State agency or agencies under regulations issued under section 1616(e) of the Social Security Act [42 U.S.C. 1382e(e)] or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section, meals prepared and served under such arrangement, (8) in the case of women and children temporarily residing in public or private nonprofit shelters for battered women and children, meals prepared and served, by such shelters, and (9) in the case of households that do not reside in permanent dwellings and households that have no fixed mailing addresses, meals prepared for and served by a public or private nonprofit establishment (approved by an appropriate State or local agency) that feeds such individuals and by private establishments that contract with the appropriate agency of the State to offer meals for such individuals at concessional prices. (l) "Supplemental nutrition assistance program" means the program operated pursuant to the provisions of this chapter. (m) "Homeless individual" means - (1) an individual who lacks a fixed and regular nighttime residence; or (2) an individual who has a primary nighttime residence that is - (A) a supervised publicly or privately operated shelter (including a welfare hotel or congregate shelter) designed to provide temporary living accommodations; (B) an institution that provides a temporary residence for individuals intended to be institutionalized; (C) a temporary accommodation for not more than 90 days in the residence of another individual; or (D) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (n)(1) "Household" means - (A) an individual who lives alone or who, while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others; or (B) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption. (2) Spouses who live together, parents and their children 21 years of age or younger who live together, and children (excluding foster children) under 18 years of age who live with and are under the parental control of a person other than their parent together with the person exercising parental control shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so. (3) Notwithstanding paragraphs (1) and (2), an individual who lives with others, who is sixty years of age or older, and who is unable to purchase food and prepare meals because such individual suffers, as certified by a licensed physician, from a disability which would be considered a permanent disability under section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with any of the others who is the spouse of such individual, an individual household, without regard to the purchase of food and preparation of meals, if the income (as determined under section 2014(d) of this title) of the others, excluding the spouse, does not exceed the poverty line, as described in section 2014(c)(1) of this title, by more than 65 per centum. (4) In no event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house, or else live with others and pay compensation to the others for meals. (5) For the purposes of this subsection, the following persons shall not be considered to be residents of institutions and shall be considered to be individual households: (A) Residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]. (B) Individuals described in paragraphs (2) through (7) of subsection (j) of this section, who are residents in a public or private nonprofit group living arrangement that serves no more than sixteen residents and is certified by the appropriate State agency or agencies under regulations issued under section 1616(e) of the Social Security Act [42 U.S.C. 1382e(e)] or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under that section. (C) Temporary residents of public or private nonprofit shelters for battered women and children. (D) Residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for benefits. (E) Narcotics addicts or alcoholics, together with their children, who live under the supervision of a private nonprofit institution, or a publicly operated community mental health center, for the purpose of regular participation in a drug or alcoholic treatment program. (o) "Reservation" means the geographically defined area or areas over which a tribal organization exercises governmental jurisdiction. (p) "Retail food store" means - (1) an establishment or house-to-house trade route that sells food for home preparation and consumption and - (A) offers for sale, on a continuous basis, a variety of foods in each of the 4 categories of staple foods specified in subsection (r)(1) of this section, including perishable foods in at least 2 of the categories; or (B) has over 50 percent of the total sales of the establishment or route in staple foods, as determined by visual inspection, sales records, purchase records, counting of stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry; (2) an establishment, organization, program, or group living arrangement referred to in paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k); (3) a store purveying the hunting and fishing equipment described in subsection (k)(6); and (4) any private nonprofit cooperative food purchasing venture, including those in which the members pay for food purchased prior to the receipt of such food. (q) "Secretary" means the Secretary of Agriculture. (r)(1) Except as provided in paragraph (2), "staple foods" means foods in the following categories: (A) Meat, poultry, or fish. (B) Bread or cereals. (C) Vegetables or fruits. (D) Dairy products. (2) "Staple foods" do not include accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices. (s) "State" means the fifty States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this chapter for participation as a State agency. (t) "State agency" means (1) the agency of State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within such State, and in those States where such assistance programs are operated on a decentralized basis, the term shall include the counterpart local agencies administering such programs, and (2) the tribal organization of an Indian tribe determined by the Secretary to be capable of effectively administering a food distribution program under section 2013(b) of this title or a supplemental nutrition assistance program under section 2020(d) of this title. (u) "Thrifty food plan" means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty, a child six through eight, and a child nine through eleven years of age, determined in accordance with the Secretary's calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition, except that the Secretary shall - (1) make household-size adjustments (based on the unrounded cost of such diet) taking into account economies of scale; (2) make cost adjustments in the thrifty food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska; (3) make cost adjustments in the separate thrifty food plans for Guam, and the Virgin Islands of the United States to reflect the cost of food in those States, but not to exceed the cost of food in the fifty States and the District of Columbia; and (4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in effect on September 30, 1996, and except that on October 1, 2003, in the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect on September 30, 2002. (v) "Tribal organization" means the recognized governing body of an Indian tribe (including the tribally recognized intertribal organization of such tribes), as the term "Indian tribe" is defined in the Indian Self-Determination Act (25 U.S.C. 450b(b)), as well as any Indian tribe, band, or community holding a treaty with a State government. -SOURCE- (Pub. L. 88-525, Sec. 3, Aug. 31, 1964, 78 Stat. 703; Pub. L. 91- 671, Sec. 2, Jan. 11, 1971, 84 Stat. 2048; Pub. L. 92-603, title IV, Sec. 411(a), (b), Oct. 30, 1972, 86 Stat. 1491; Pub. L. 93-86, Sec. 3(a)-(c), (l), (o), (p), Aug. 10, 1973, 87 Stat. 246, 248, 249; Pub. L. 93-125, Sec. 1(h), Oct. 18, 1973, 87 Stat. 450; Pub. L. 94-339, Sec. 4, July 5, 1976, 90 Stat. 801; Pub. L. 95-113, title XIII, Secs. 1301, 1302(a)(1), Sept. 29, 1977, 91 Stat. 958, 979; Pub. L. 96-58, Secs. 3, 7, Aug. 14, 1979, 93 Stat. 390, 392; Pub. L. 96-181, Sec. 15(b), Jan. 2, 1980, 93 Stat. 1316; Pub. L. 96- 249, title I, Secs. 101(a), 111, 135, May 26, 1980, 94 Stat. 357, 360, 369; Pub. L. 97-35, title I, Secs. 101-103, 108(a), 116(a)(1), Aug. 13, 1981, 95 Stat. 358, 361, 364; Pub. L. 97-98, title XII, Secs. 1302-1304, Dec. 22, 1981, 95 Stat. 1282; Pub. L. 97-253, title I, Secs. 142, 143(a), 144, 145(a), (b), Sept. 8, 1982, 96 Stat. 772-774; Pub. L. 98-204, Sec. 3, Dec. 2, 1983, 97 Stat. 1385; Pub. L. 99-198, title XV, Secs. 1501(a), 1502-1504, Dec. 23, 1985, 99 Stat. 1566; Pub. L. 99-570, title XI, Sec. 11002(a)-(c), Oct. 27, 1986, 100 Stat. 3207-167, 3207-168; Pub. L. 100-77, title VIII, Secs. 801, 802(a), July 22, 1987, 101 Stat. 533, 534; Pub. L. 100- 435, title I, Sec. 120, title III, Sec. 350, Sept. 19, 1988, 102 Stat. 1655, 1664; Pub. L. 101-624, title XVII, Secs. 1712, 1713(a), 1747(b), Nov. 28, 1990, 104 Stat. 3783, 3796; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-237, title IX, Secs. 901, 941(1), Dec. 13, 1991, 105 Stat. 1884, 1891; Pub. L. 102- 351, Sec. 1, Aug. 26, 1992, 106 Stat. 937; Pub. L. 103-66, title XIII, Secs. 13931, 13932, Aug. 10, 1993, 107 Stat. 676; Pub. L. 103- 225, title I, Sec. 101(b)(1), title II, Sec. 201, Mar. 25, 1994, 108 Stat. 107, 108; Pub. L. 103-354, title III, Sec. 303(a), Oct. 13, 1994, 108 Stat. 3239; Pub. L. 104-193, title VIII, Secs. 801- 805, Aug. 22, 1996, 110 Stat. 2308, 2309; Pub. L. 107-171, title IV, Secs. 4112(b)(1), 4115(b)(1), May 13, 2002, 116 Stat. 312, 315; Pub. L. 108-199, div. A, title VII, Sec. 771(a), Jan. 23, 2004, 118 Stat. 40; Pub. L. 110-234, title IV, Secs. 4001(b), 4115(b)(1), May 22, 2008, 122 Stat. 1092, 1105; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4115(b)(1), June 18, 2008, 122 Stat. 1664, 1853, 1866.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (c), (j), (k), and (n)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. Titles I, II, X, XIV, XVI, XVIII, and XIX of the Social Security Act are classified generally to subchapters I (Sec. 301 et seq.), II (Sec. 401 et seq.), X (Sec. 1201 et seq.), XIV (Sec. 1351 et seq.), XVI (Sec. 1381 et seq.), XVIII (Sec. 1395 et seq.), and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Public Health Service Act, referred to in subsec. (h), is act July 1, 1944, ch. 373, 58 Stat. 682. Part B of title XIX of the Act is classified generally to part B (Sec. 300x et seq.) of subchapter XVII of chapter 6A 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 201 of Title 42 and Tables. The Railroad Retirement Act of 1974, referred to in subsec. (j)(7), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables. The Indian Self-Determination Act (25 U.S.C. 450b(b)), referred to in subsec. (v), probably means the Indian Self-Determination and Education Assistance Act, Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25, Indians. Section 450b of Title 25 was amended generally by Pub. L. 100-472, title I, Sec. 103, Oct. 5, 1988, 102 Stat. 2286, and, as so amended, subsec. (b) of such section no longer defines the term "Indian tribe". However, such term is defined elsewhere in that section. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. -COD- 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. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 4115(b)(1)(M), redesignated subsecs. (a) to (v) as (b), (d), (f), (g), (e), (h), (k), (l), (n), (o), (p), (q), (s), (t), (u), (v), (c), (j), (m), (a), (r), and (i), respectively. Subsec. (a). Pub. L. 110-246, Sec. 4115(b)(1)(A), substituted "benefits" for "coupons". Subsec. (b). Pub. L. 110-246, Sec. 4115(b)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: " 'Authorization card' means the document issued by the State agency to an eligible household which shows the allotment the household is entitled to be issued." Subsec. (c). Pub. L. 110-246, Sec. 4115(b)(1)(C), substituted "benefits" for "authorization cards" in first sentence. Subsec. (d). Pub. L. 110-246, Sec. 4115(b)(1)(D), struck out "or access device, including an electronic benefit transfer card or personal identification number, issued pursuant to the provisions of this chapter" before period at end. Subsec. (e). Pub. L. 110-246, Sec. 4115(b)(1)(E), inserted heading and substituted "The term 'benefit issuer' means" for " 'Coupon issuer' means" and "benefits" for "coupons". Subsec. (g)(7). Pub. L. 110-246, Sec. 4115(b)(1)(F), substituted "subsection (j)" for "subsection (r)". Subsec. (h). Pub. L. 110-246, Sec. 4001(b), which directed the substitution of "supplemental nutrition assistance program" for "food stamp program" wherever appearing, was executed by substituting "Supplemental nutrition assistance program" for "Food stamp program", to reflect the probable intent of Congress. Subsec. (i)(5)(B). Pub. L. 110-246, Sec. 4115(b)(1)(G)(i), substituted "subsection (j)" for "subsection (r)". Subsec. (i)(5)(D). Pub. L. 110-246, Sec. 4115(b)(1)(G)(ii), substituted "benefits" for "coupons". Subsec. (j). Pub. L. 110-246, Sec. 4115(b)(1)(H), struck out "(as that term is defined in subsection (p) of this section)" after "tribal organization". Subsec. (k)(1)(A). Pub. L. 110-246, Sec. 4115(b)(1)(I)(i), substituted "subsection (r)(1)" for "subsection (u)(1)". Subsec. (k)(2). Pub. L. 110-246, Sec. 4115(b)(1)(I)(ii), substituted "paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k)" for "subsections (g)(3), (4), (5), (7), (8), and (9) of this section". Subsec. (k)(3). Pub. L. 110-246, Sec. 4115(b)(1)(I)(iii), substituted "subsection (k)(6)" for "subsection (g)(6) of this section". Subsec. (n). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (t). Pub. L. 110-246, Sec. 4115(b)(1)(J), inserted ", including point of sale devices," after "other means of access". Subsec. (u)(1). Pub. L. 110-246, Sec. 4115(b)(1)(K), struck out "(as defined in subsection (g) of this section)" after "foods" in introductory provisions. Subsec. (v). Pub. L. 110-246, Sec. 4115(b)(1)(L), added subsec. (v). 2004 - Subsec. (o)(4). Pub. L. 108-199 inserted before period at end ", and except that on October 1, 2003, in the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect on September 30, 2002". 2002 - Subsec. (c). Pub. L. 107-171, Sec. 4115(b)(1), inserted at end "The limits specified in this subsection may be extended until the end of any transitional benefit period established under section 2020(s) of this title." Subsec. (i)(1). Pub. L. 107-171, Sec. 4112(b)(1)(A), (B), designated first sentence as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively. Subsec. (i)(2). Pub. L. 107-171, Sec. 4112(b)(1)(C), designated second sentence as par. (2). Former par. (2) redesignated subpar. (B) of par. (1). Subsec. (i)(3). Pub. L. 107-171, Sec. 4112(b)(1)(D), (E), designated third sentence as par. (3) and substituted "Notwithstanding paragraphs (1) and (2)" for "Notwithstanding the preceding sentences". Subsec. (i)(4). Pub. L. 107-171, Sec. 4112(b)(1)(F), designated fourth sentence as par. (4). Subsec. (i)(5). Pub. L. 107-171, Sec. 4112(b)(1)(G), (H), designated fifth sentence as par. (5), substituted "For the purposes of this subsection, the following persons shall not be considered to be residents of institutions and shall be considered to be individual households:" for "For the purposes of this subsection,", restructured the remainder of that sentence into five sentences and designated them as subpars. (A) to (E) respectively, and struck out "shall not be considered residents of institutions and shall be considered individual households" at end. 1996 - Subsec. (c). Pub. L. 104-193, Sec. 801, substituted second and third sentences containing provisions relating to limits on certification period and requirement of yearly contact with household for provisions setting limits to certification period for households required to submit periodic reports, households whose members all receive federal assistance grant, households of unemployable, elderly or primarily self-employed individuals, and all other households, and allowing waivers. Subsec. (d). Pub. L. 104-193, Sec. 802, substituted "type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number," for "or type of certificate". Subsec. (i). Pub. L. 104-193, Sec. 803, in second sentence, struck out "(who are not themselves parents living with their children or married and living with their spouses)" after "age or younger". Subsec. (o). Pub. L. 104-193, Sec. 804, in second sentence, substituted "the Secretary shall - " for "the Secretary shall", realigned margins of pars. (1) to (3), substituted semicolon for comma at end of pars. (1) and (2) and "; and" for comma at end of par. (3), added par. (4), and struck out former pars. (4) to (11) which authorized adjustment of cost of thrifty food plan diet to reflect changes in cost of food constituting diet for period from Jan. 1, 1980, to Oct. 1, 1990, and each Oct. 1 thereafter, and prohibited Secretary from reducing cost of such diet on Oct. 1, 1992, and, in case of households residing in Alaska, on Oct. 1, 1994. Subsec. (s)(2)(C). Pub. L. 104-193, Sec. 805, inserted "for not more than 90 days" after "temporary accommodation". 1994 - Subsec. (c). Pub. L. 103-225, Sec. 101(b)(1), substituted "Except as provided in section 2015(c)(1)(C) of this title, for" for "For". Subsec. (k). Pub. L. 103-225, Sec. 201(1), realigned margins of pars. (1) to (4), substituted semicolon for comma at end of pars. (2) and (3), and substituted "means - " for "means" and par. (1) for former par. (1) which read as follows: "an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume, as determined by visual inspection, sales records, purchase records, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry, consists of staple food items for home preparation and consumption, such as meat, poultry, fish, bread, cereals, vegetables, fruits, dairy products, and the like, but not including accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices,". Subsec. (o)(11). Pub. L. 103-354 inserted "and (in the case of households residing in Alaska) on October 1, 1994," after "1992,". Subsec. (u). Pub. L. 103-225, Sec. 201(2), added subsec. (u). 1993 - Subsec. (g)(5). Pub. L. 103-66, Sec. 13932(2), inserted ", and their children," after "or alcoholics". Subsec. (i). Pub. L. 103-66, Sec. 13932(1), in last sentence inserted ", together with their children," after "narcotics addicts or alcoholics". Pub. L. 103-66, Sec. 13931, in first sentence, substituted "or (2) a group of individuals" for "(2) a group of individuals" and substituted a period for ", " after end of cl. (2), inserted "Spouses who live together, parents and their children 21 years of age or younger (who are not themselves parents living with their children or married and living with their spouses) who live together, and children (excluding foster children) under 18 years of age who live with and are under the parental control of a person other than their parent together with the person exercising parental control" before "shall be treated as a group of individuals" to create new second sentence and struck out ", unless one of the parents, or siblings, is an elderly or disabled member" after "if they do not do so", and in next sentence substituted "Notwithstanding the preceding sentences" for "Notwithstanding clause (1) of the preceding sentence". 1992 - Subsec. (o)(11). Pub. L. 102-351 inserted before period at end ", except that on October 1, 1992, the Secretary may not reduce the cost of such diet". 1991 - Subsecs. (g)(7), (i). Pub. L. 102-237, Sec. 901, inserted ", or are individuals described in paragraphs (2) through (7) of subsection (r) of this section," after "title I, II, X, XIV, or XVI of the Social Security Act". Subsec. (j). Pub. L. 102-237, Sec. 941(1)(A), made technical amendment to reference to subsection (p) of this section involving corresponding provision of original act. Subsec. (o)(6). Pub. L. 102-237, Sec. 941(1)(B), substituted "percent" for "per centun" [sic]. Subsec. (r)(6)(A). Pub. L. 102-83 substituted "section 1314 of title 38" for "section 414 of title 38". Subsecs. (t), (u). Pub. L. 102-237, Sec. 941(1)(C), redesignated subsec. (u) as (t). 1990 - Subsec. (g)(3). Pub. L. 101-624, Sec. 1712(a)(1), substituted "or disability or blindness payments under title I, II, X, XIV, or XVI" for "under title XVI". Subsec. (g)(7). Pub. L. 101-624, Sec. 1712(a)(2), substituted "title I, II, X, XIV, or XVI" for "title II or title XVI", and inserted "or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section". Subsec. (g)(9). Pub. L. 101-624, Sec. 1713(a), substituted "individuals and by private establishments that contract with the appropriate agency of the State to offer meals for such individuals at concessional prices" for "individuals and by a public or private nonprofit shelter (approved by an appropriate State or local agency) in which such households temporarily reside (except that such establishments and shelters may only request voluntary use of food stamps by such individuals and may not request such households to pay more than the average cost of the food contained in a meal served by the establishment or shelter)." Subsec. (i). Pub. L. 101-624, Sec. 1712(b), substituted "title I, II, X, XIV, or XVI" for "title II or title XVI", and inserted "or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section". Subsec. (u). Pub. L. 101-624, Sec. 1747(b), added subsec. (u). 1988 - Subsec. (o). Pub. L. 100-435, Sec. 120, inserted "through October 1, 1987" in cl. (8) and substituted cls. (9) to (11) for proviso that periods upon which adjustments are based would be subject to revision by Act of Congress. Subsec. (r)(2). Pub. L. 100-435, Sec. 350, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "receives supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), federally or State administered supplemental benefits of the type described in section 1616(a) of the Social Security Act if the Secretary determines that such benefits are conditioned on meeting the disability or blindness criteria used under title XVI of the Social Security Act, or federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93-66 (42 U.S.C. 1382 note);". 1987 - Subsec. (i). Pub. L. 100-77, Sec. 802(a), substituted "(2)" for "or (2)", inserted cl. (3), and inserted "(other than as provided in clause (3))" after "except that". Subsec. (s). Pub. L. 100-77, Sec. 801, added subsec. (s). 1986 - Subsec. (g). Pub. L. 99-570, Sec. 11002(a), substituted "(8), and (9)" for "and (8)" in cl. (1) and added cl. (9). Subsec. (i). Pub. L. 99-570, Sec. 11002(b), inserted "residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for coupons,". Subsec. (k). Pub. L. 99-570, Sec. 11002(c), substituted "(8), and (9)" for "and (8)". 1985 - Subsec. (f). Pub. L. 99-198, Sec. 1501(a)(1), substituted ", or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide" for "which is certified by the State agency or agencies designated by the Governor as responsible for the administration of the State's programs for alcoholics and drug addicts pursuant to Public Law 91-616 (Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970) and Public Law 92-255 (Drug Abuse Prevention, Treatment, and Rehabilitation Act) as providing". Subsec. (i). Pub. L. 99-198, Sec. 1501(a)(2), inserted ", or a publicly operated community mental health center," after "private nonprofit institution" in last sentence. Subsec. (k). Pub. L. 99-198, Sec. 1502, inserted ", as determined by visual inspection, sales records, purchase records, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry," in cl. (1). Subsec. (o). Pub. L. 99-198, Sec. 1503, substituted "fifty" for "fifty-four". Subsec. (r)(2). Pub. L. 99-198, Sec. 1504(1), inserted ", federally or State administered supplemental benefits of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] if the Secretary determines that such benefits are conditioned on meeting the disability or blindness criteria used under title XVI of the Social Security Act, or federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93-66 (42 U.S.C. 1382 note)". Subsec. (r)(3). Pub. L. 99-198, Sec. 1504(2), inserted "or receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i))". Subsec. (r)(4)(A). Pub. L. 99-198, Sec. 1504(3), inserted "or non- service-connected" after "service-connected". Subsec. (r)(7). Pub. L. 99-198, Sec. 1504(4)-(6), added par. (7). 1983 - Subsec. (c). Pub. L. 98-204, Sec. 3(1), substituted "the foregoing limits on the certification period may, with the approval of the Secretary, be waived by a State agency for certain categories of households where such waiver will improve the administration of the program" for "the limit of twelve months may be waived by the Secretary to improve the administration of the program" in provisions preceding par. (1). Subsec. (c)(2). Pub. L. 98-204, Sec. 3(2), inserted provision that "The maximum limit of twelve months for such period under the foregoing proviso may be waived by the Secretary where such waiver will improve the administration of the program." 1982 - Subsec. (i). Pub. L. 97-253, Secs. 142, 145(b), substituted "except that parents and children, or siblings, who live together shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so, unless one of the parents, or siblings, is an elderly or disabled member" for "except that parents and children who live together shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so, unless one of the parents is sixty years of age or older, or receives supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act", and inserted provision that notwithstanding cl. (1) of the preceding sentence, an individual who lives with others, who is sixty years of age or older, and who is unable to purchase food and prepare meals because such individual suffers, as certified by a licensed physician, from a disability which would be considered a permanent disability under section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with any of the others who is the spouse of such individual, an individual household, without regard to the purchase of food and preparation of meals, if the income (as determined under section 2014(d) of this title) of the others, excluding the spouse, does not exceed the poverty line, as described in section 2014(c)(1) of this title, by more than 65 per centum. Subsec. (o)(1). Pub. L. 97-253, Sec. 143(a)(1), substituted "adjustments (based on the unrounded cost of such diet)" for "adjustments". Subsec. (o)(6). Pub. L. 97-253, Secs. 143(a)(2), 144, substituted provisions requiring the Secretary, on Oct. 1, 1982, to adjust the cost of the diet to reflect changes in the cost of the thrifty food plan for the twenty-one months ending June 30, 1982, reduce the cost of such diet by one per centum, and round the result to the nearest lower dollar increment for each household size for former provision requiring the Secretary, on Oct. 1, 1982, to adjust the cost of such diet to the nearest dollar increment to reflect the changes in the cost of the thrifty food plan for the twenty-one months ending on June 30, 1982. Subsec. (o)(7). Pub. L. 97-253, Secs. 143(a)(2), 144, substituted provisions requiring the Secretary, on Oct. 1, 1983, and Oct. 1, 1984, to adjust the cost of the diet to reflect changes in the cost of the thrifty food plan for the twelve months ending the preceding June 30, reduce the cost of such diet by one per centum, and round the result to the nearest lower dollar increment for each household size for former provision requiring the Secretary, on Oct. 1, 1983, and each Oct. 1 thereafter, to adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the twelve months ending the preceding June 30. Subsec. (o)(8). Pub. L. 97-253, Secs. 143(a)(2), 144, added and amended par. (8). Subsec. (r). Pub. L. 97-253, Sec. 145(a), added subsec. (r). 1981 - Subsec. (c). Pub. L. 97-35, Sec. 108(a), inserted provisions respecting waiver of twelve-month period for improvement of program. Subsec. (i). Pub. L. 97-98, Sec. 1302, inserted provision relating to supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act. Pub. L. 97-35, Secs. 101, 102, inserted provisions relating to treatment as a group of parents and children who live together, and restructured provisions respecting living with others and paying compensation for meals. Subsec. (m). Pub. L. 97-35, Sec. 116(a)(1), struck out reference to Puerto Rico. Subsec. (o). Pub. L. 97-98, Secs. 1303, 1304, substituted in cl. (2) "Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska" for "Alaska and Hawaii to reflect the cost of food in those States", in cl. (6) provision that on Oct. 1, 1982, the Secretary adjust the cost of such diet to reflect changes for the twenty-one months ending the preceding June 30, 1982, for provision that on Apr. 1, 1982, the Secretary adjust the cost of such diet to reflect changes for the fifteen months ending the preceding Dec. 31, in cl. (7) provision that on Oct. 1, 1983, and each Oct. 1 thereafter, the Secretary adjust the cost of such diet to reflect changes for the twelve months ending the preceding June 30, for provision that on July 1, 1983, the Secretary adjust the cost of such diet to reflect changes for the fifteen months ending the preceding Mar. 31, struck out cl. (8) which provided that on Oct. 1, 1984, the Secretary adjust the cost of such diet to reflect changes for the fifteen months ending the preceding June 30, and struck out cl. (9) which provided that on Oct. 1, 1985, and each Oct. 1 thereafter, the Secretary adjust the cost of such diet to reflect changes for the twelve months ending the preceding June 30, and, as of every Jan. 1 thereafter, for the nine months ending the preceding Sept. 30 and the subsequent three months ending Dec. 31 as projected by the Secretary in light of the best available data, and inserted provision that the periods upon which adjustments are based be subject to revision by Act of Congress. Pub. L. 97-35, Secs. 103, 116(a)(1) struck out applicability to Puerto Rico in clause (3), substituted provisions respecting adjustments on Apr. 1, 1982, for provisions respecting adjustments on Jan. 1, 1982, in cl. (6), and added cls. (7) to (9). 1980 - Subsec. (c). Pub. L. 96-249, Sec. 111, inserted provisions requiring that for those households that are required to submit periodic reports under section 2015(c)(1) of this title, the certification period be at least six months but no longer than twelve months. Subsec. (f). Pub. L. 96-181 substituted "Drug Abuse Prevention, Treatment, and Rehabilitation Act" for "Drug Abuse Office and Treatment Act of 1972". Subsec. (g). Pub. L. 96-249, Sec. 101(a)(1)-(3), substituted "(7), and (8)" for "and (7)" in cl. (1) and added cl. (8). Subsec. (i). Pub. L. 96-249, Sec. 101(a)(4), inserted "temporary residents of public or private nonprofit shelters for battered women and children," after "section 1616(e) of the Social Security Act,". Subsec. (k)(2). Pub. L. 96-249, Sec. 101(a)(5), substituted "(7), and (8)" for "and (7)". Subsec. (o). Pub. L. 96-249, Sec. 135, inserted "through January 1, 1980," before "adjust the cost" in cl. (4) and added cls. (5) and (6). 1979 - Subsec. (g). Pub. L. 96-58, Sec. 7(1)-(3), substituted "clauses (3), (4), (5), and (7)" for "clauses (3), (4), and (5)" and added cl. (7) relating to disabled or blind recipients of benefits who are residents in certain public or private nonprofit group living arrangements. Subsec. (i). Pub. L. 96-58, Sec. 7(4), (5), inserted provisions relating to disabled or blind recipients of benefits who are residents in certain public or private nonprofit group living arrangements and inserted provisions that all residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits, and narcotic addicts or alcoholics who live under the supervision of a private nonprofit institution for the purpose of regular participation in a drug or alcoholic treatment program be considered individual households. Subsec. (k). Pub. L. 96-58, Sec. 7(6), inserted reference to group living arrangements referred to in subsec. (g)(7) of this section in cl. (2). Subsec. (q). Pub. L. 96-58, Sec. 3, added subsec. (q). 1977 - Pub. L. 95-113 redefined terms "Secretary", "food", "coupon", "household", "retail food store", "State agency", "State", "food stamp program", and "drug addiction or alcoholic treatment and rehabilitation program" and changed designations of those terms, as thus redefined, from subsecs. (a), (b), (c), (e), (f), (h), (j), (k), and (n), respectively, to (l), (g), (d), (i), (k), (n), (m), (h), and (f), substituted definitions of "allotment", "authorization card", and "coupon issuer" for "coupon allotment", "authorization to purchase card", and "coupon vendor", respectively, and changed designations of those terms as thus substituted from subsecs. (d), (m), and (o), respectively, to (a), (b), and (e), struck out definitions of "wholesale food concern", "bank", and "elderly person" which had been set out, respectively, in subsecs. (g), (i), and (l), and inserted definitions of "certification period", "reservation", "thrifty food plan", and "tribal organization" in subsecs. (c), (j), (o), and (p), respectively. 1976 - Subsec. (o). Pub. L. 94-339 added subsec. (o). 1973 - Subsec. (b). Pub. L. 93-86, Sec. 3(l), substituted "home" for "human" and substituted provisions including in definition of "food" seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, for provisions excluding from such definition foods identified on the package as imported and imported meat and meat products. Subsec. (e). Pub. L. 93-125 substituted "foregoing" for "foreoging". Pub. L. 93-86, Sec. 3(a), (b), (p), inserted provision of cl. (3) relating to inclusion of narcotic addict or alcoholic within definition of "household" and provision relating to residents of federally subsidized housing for the elderly, and substituted provisions relating to the treatment of individuals receiving supplemental security income benefits under subchapter XVI of chapter 7 of title 42, for provisions relating to the treatment of persons eligible to receive supplemental security income benefits under subchapter XVI of chapter 7 of title 42. Subsec. (f). Pub. L. 93-86, Sec. 3(o), inserted references to nonprofit institution and section 2019(i) of this title. Subsec. (n). Pub. L. 93-86, Sec. 3(c), added subsec. (n). 1972 - Subsec. (e). Pub. L. 92-603, Sec. 411(a), inserted provision that persons eligible or would be eligible to receive supplemental security income benefits under sections 1381 to 1383c of Title 42, may not be considered as members of a household or elderly persons under this chapter. Subsec. (h). Pub. L. 92-603, Sec. 411(b), substituted provisions defining State agency as the agency designated by the Secretary for carrying out this chapter in such state, for provisions defining it as the agency having the responsibility for the administration of the federally aided public assistance program. 1971 - Subsec. (e). Pub. L. 91-671, Sec. 2(a), substituted in definition of "household", "related individuals (including legally adopted children and legally assigned foster children) or non- related individuals over age 60 who are not residents" for "related or non-related individuals, who are not residents", designated existing provisions as cl. (1), and added cl. (2). Subsec. (f). Pub. L. 91-671, Sec. 2(b), included in definition of "retail food store" a political subdivision or a private nonprofit organization that meets requirements of section 2019(h) of this title. Subsec. (j). Pub. L. 91-671, Sec. 2(c), included in definition of "State" Guam, Puerto Rico, and the Virgin Islands. Subsec. (l). Pub. L. 91-671, Sec. 2(d), added subsec. (l). Subsec. (m). Pub. L. 91-671, Sec. 2(e), added subsec. (m). -CHANGE- CHANGE OF NAME Pub. L. 110-234, title IV, Sec. 4002(c), May 22, 2008, 122 Stat. 1098, and Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(c), June 18, 2008, 122 Stat. 1664, 1859, provided that: "Any reference in any Federal, State, tribal, or local law (including regulations) to the 'food stamp program' established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall be considered to be a reference to the 'supplemental nutrition assistance program' established under that Act." [Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246, set out as a note under section 8701 of this title.] Pub. L. 110-234, title IV, Sec. 4115(d), May 22, 2008, 122 Stat. 1110, and Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4115(d), June 18, 2008, 122 Stat. 1664, 1871, provided that: "Any reference in any Federal, State, tribal, or local law (including regulations) to a 'coupon', 'authorization card', or other access device provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall be considered to be a reference to a 'benefit' provided under that Act." [Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246, set out as a note under section 8701 of this title.] -MISC2- 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) and 4115(b)(1) 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. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-199, div. A, title VII, Sec. 771(b), Jan. 23, 2004, 118 Stat. 40, provided that: "The amendment made by subsection (a) [amending this section] shall be effective beginning on September 30, 2003." EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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 1994 AMENDMENT Section 303(b) of Pub. L. 103-354 provided that: "The amendment made by subsection (a) [amending this section] shall be effective beginning on September 30, 1994." EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-66 effective, and to be implemented beginning on, Sept. 1, 1994, see section 13971(b)(4) 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 Section 1781 of title XVII of Pub. L. 101-624 provided that: "(a) In General. - Except as otherwise provided in subsection (b) and other provisions of this title, this title [see Short Title of 1990 Amendment note set out under section 2011 of this title] and the amendments made by this title shall become effective and implemented the 1st day of the month beginning 120 days after the publication of implementing regulations. Such regulations shall be promulgated not later than October 1, 1991. "(b) Special Effective Dates. - "(1) October 1, 1990. - The amendments made by sections 1721, 1730, 1750, 1754, 1760(1)(A), 1761, 1762, 1771(a), 1771(d), 1772(c), 1772(f), 1772(g), and 1776 [amending sections 2014, 2017, 2025 to 2028, 3175, and 3175e of this title and provisions set out as notes under section 612c of this title] shall be effective on October 1, 1990. "(2) Date of enactment. - The amendments made by sections 1718, 1729, 1731, 1739, 1742, 1746, 1747, 1748, 1749, 1751, 1753, 1755, 1756, 1757, 1758, 1759, 1760(1)(B) and (2), 1763, 1771(b), 1771(c), 1772(a), 1772(b), 1772(d), 1772(h), 1773, 1774(a)(1), 1774(b), 1774(c), 1775(a), 1775(b), 1777, 1778, and 1779 [enacting section 2032 of this title, amending this section, sections 1431, 1431e, 2014, 2016, 2020, 2022, and 2024 to 2027 of this title and section 9904 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 2011, 2020, and 2025 of this title and section 1751 of Title 42, and amending provisions set out as notes under section 612c of this title] shall become effective on the date of enactment of this Act [Nov. 28, 1990]. "(3) April 1, 1991. - The amendments made by sections 1716, 1722, and 1736(2) [amending sections 2014 and 2020 of this title] shall become effective and implemented the 1st day of the month beginning 120 days after the promulgation of implementing regulations. Such regulations shall be promulgated not later than April 1, 1991. "(4) Categorical eligibility. - The amendment made by section 1714(2) [amending section 2014 of this title] shall become effective and implemented the 1st day of the month beginning 120 days after the promulgation of implementing regulations. Such regulations shall be promulgated - "(A) in the case of a State general assistance program, not later than October 1, 1991; and "(B) in the case of a local general assistance program, not later than April 1, 1992." EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-435, title VII, Sec. 701, Sept. 19, 1988, 102 Stat. 1677, as amended by Pub. L. 100-619, Sec. 1, Nov. 5, 1988, 102 Stat. 3198; Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (B), (2)(A), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (B), (2)(A), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "(a) In General. - Except as otherwise provided for in section 503 [set out as a note under section 1766 of Title 42, The Public Health and Welfare] and in subsection (b) of this section, this Act and the amendments made by this Act [amending sections 2012, 2014 to 2017, 2020 to 2023, 2025, and 2026 of this title, section 713a- 14 of Title 15, Commerce and Trade, and sections 1761, 1766, 1773, and 1786 of Title 42, enacting provisions set out as notes under sections 612c and 2011 of this title and sections 1766 and 1786 of Title 42, and amending provisions set out as notes under sections 612c, 1731, and 2012 of this title] shall become effective and be implemented on October 1, 1988. "(b) Special Rules. - "(1) The amendments made by sections 101, 103, 301, 321(c), 343, and 401 [amending sections 2014 and 2025 of this title and amending provisions set out as a note under section 612c of this title] shall become effective and be implemented on the date of enactment of this Act [Sept. 19, 1988]. "(2) The amendments made by section 402 [amending section 2014 of this title] shall become effective and be implemented on January 1, 1989. "(3)(A) The amendments made by section 203(a) [amending section 2017 of this title] shall become effective on January 1, 1989, and the States shall implement such section by January 1, 1990. "(B) The amendments made by section 203(b) [amending section 2016 of this title] shall become effective on January 1, 1989, except with regards to those States not implementing section 203(a). "(4) The amendments made by sections 204, 210, 211, subsections (a)(1), (c), and (e) of section 404, sections 310 through 343, and sections 345 through 352 [amending sections 2012, 2014, 2015, 2020, and 2025 of this title and sections 1766 and 1773 of Title 42] shall become effective and implemented on July 1, 1989. "(5) The amendments made by title VI [amending sections 2022, 2023, and 2025 of this title] shall be effective as follows: "(A) Except as provided in subparagraph (D), the provisions of section 16(c) of the Food and Nutrition Act of 2008, as amended by section 604 [section 2025(c) of this title], shall become effective on October 1, 1985, with respect to claims under section 16(c) for quality control review periods after such date, except that - "(i) the provisions of section 16(c)(1)(A), as amended, shall become effective on October 1, 1988, with respect to payment error rates for quality control review periods after such date; and "(ii) the provisions of section 16(c)(3), as amended, shall become effective on October 1, 1988, with respect to payment error rates for quality control review periods after such date. "(B) The amendments made by sections 601 and 602 [amending section 2022 of this title] shall become effective on October 1, 1985, with respect to claims under section 16(c) for quality control review periods after such date. "(C) Except as provided in subparagraph (D), the amendments made to section 14 of the Food and Nutrition Act of 2008 [section 2023 of this title] by section 603 shall become effective on October 1, 1985, with respect to claims under section 16(c) for quality control review periods after such date. "(D)(i) The provisions of sections 13, 14, and 16 of the Food and Nutrition Act of 2008 [sections 2022, 2023, and 2025 of this title] that relate to claims against State agencies and that were in effect for any quality control review period or periods through fiscal year 1985 shall remain in effect for claims arising with respect to such period or periods. "(ii) The provisions of sections 14 and 16(c) of the Food and Nutrition Act of 2008 that relate to enhanced administrative funding for State agencies and that were in effect for any quality control review period or periods through fiscal year 1988 shall remain in effect for such funding with respect to such period or periods. "(c) Sequestration. - "(1) In general. - Notwithstanding any other provision of law, if a final order is issued for fiscal year 1989 under section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(b)), the amount made available to carry out the supplemental nutrition assistance program under section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) shall be reduced by an amount equal to $110,000,000 multiplied by the amount of the percentage reduction for domestic programs required under such order. The reduction required by the preceding sentence shall be achieved by reducing the amount of the adjustment to the cost of the thrifty food plan for fiscal year 1989 under section 3(o)(9) of the Food and Nutrition Act of 2008 (as added by section 120 of this Act) [section 2012(o)(9) of this title]. "(2) Effective dates if sequestration occurs. - Notwithstanding subsections (a) and (b), if a final order is issued under section 252(b) of the Emergency Deficit Control Act of 1985 (2 U.S.C. 902(b)) for fiscal year 1989 to make reductions and sequestrations specified in the report required under section 251(a)(3)(A) of such Act [2 U.S.C. 901(a)(3)(A)], sections 111, 201, 204, 310, 311, 321, 322, 323, 341, 342, 350, 351, 352, 402, 403, 404, 502, 504, and 505 [amending sections 2012, 2014, 2015, 2020, 2025, and 2026 of this title and enacting provisions set out as notes under section 612c of this title] shall become effective and be implemented on October 1, 1989." EFFECTIVE DATE OF 1987 AMENDMENT Section 802(b) of Pub. L. 100-77 provided that: "The amendments made by this section [amending this section] shall become effective on October 1, 1987." EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Section 11002(f) of Pub. L. 99-570, as amended by Pub. L. 100- 435, title II, Sec. 205, Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101-624, title XVII, Sec. 1713(b), Nov. 28, 1990, 104 Stat. 3783; Pub. L. 102-237, title IX, Sec. 913, Dec. 13, 1991, 105 Stat. 1887, provided that: "(1) The amendments made by this section [amending this section and sections 2018 and 2019 of this title] shall become effective, and be implemented by issuance of final regulations, not later than April 1, 1987. "(2) Not later than September 30, 1988, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that evaluates the program established by the amendments made by this section, including any proposed legislative recommendations. "(3) The amendments made by this section, except those amendments made by subsections (a), (b), and (c) [amending this section], shall cease to be effective after September 30, 1990." [Amendment by Pub. L. 102-237 to section 11002(f) of Pub. L. 99- 570, set out above, effective Oct. 1, 1990, and not applicable with respect to any period occurring before such date, see section 1101(d)(5) of Pub. L. 102-237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.] [Section 1713(b) of Pub. L. 101-624 provided that the amendment made by that section is effective Sept. 29, 1990.] EFFECTIVE DATE OF 1982 AMENDMENT Section 193 of subtitle E (Secs. 140-193) of title I of Pub. L. 97-253 provided that: "(a) Except as provided in subsection (b), this subtitle [amending this section and sections 2014, 2015, 2016, 2017, 2018, 2020, 2021, 2022, 2023, 2025, 2026, 2027, 2028, and 2029 of this title and enacting provisions set out as notes under this section and sections 1624, 2011, and 2028 of this title] and the amendments made by this subtitle shall take effect on the date of the enactment of this subtitle [Sept. 8, 1982]. "(b) Sections 180 and 188 [amending sections 2020, 2025, 2027, and 2029 of this title] shall take effect on October 1, 1982." EFFECTIVE DATE OF 1981 AMENDMENTS Section 192 of Pub. L. 97-253 provided that: "(a) Notwithstanding section 117 of the Omnibus Budget Reconciliation Act of 1981 (7 U.S.C. 2012 note) [section 117 of Pub. L. 97-35, set out below], the amendments made by sections 101 through 114 of such Act [amending this section and sections 2014, 2015, 2017, 2020, 2022, and 2025 of this title], other than sections 107(b) and 108(c) of such Act [amending sections 2014 and 2015 of this title], shall take effect on the earlier of the date of the enactment of this subtitle [Sept. 8, 1982] or the date on which such amendments became effective pursuant to section 117 of such Act. "(b) Notwithstanding section 1338 of the Agriculture and Food Act of 1981 (7 U.S.C. 2012 note) [section 1338 of Pub. L. 97-98, set out below], the amendments made by sections 1302 through 1333 of such Act [enacting section 2029 of this title and amending this section and sections 2014 to 2016, 2018 to 2020, and 2023 to 2027 of this title] shall take effect on the earlier of the date of the enactment of this subtitle [Sept. 8, 1982] or the date on which such amendments became effective pursuant to section 1338 of such Act." Section 1338 of title XIII of Pub. L. 97-98 provided that: "Except as otherwise specifically provided, the amendments made by this title [enacting sections 2029 and 2270 of this title, amending this section and sections 2014 to 2016, 2018 to 2020, and 2023 to 2027 of this title, and enacting provisions set out as a note under section 2011 of this title] shall be effective upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation." Section 116(a) of Pub. L. 97-35 provided that the amendment made by that section is effective July 1, 1982. Section 117 of Pub. L. 97-35 provided that: "Except as otherwise specifically provided, the amendments made by sections 101 through 116 of this Act [amending this section and sections 2014, 2015, 2017, 2020, 2022, and 2025 of this title] shall be effective and implemented upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation." EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96-58, Sec. 10, Aug. 14, 1979, 93 Stat. 392, provided that: "(a) The provisions of sections 2 and 3 of this Act [amending this section and sections 2014 of this section] shall be implemented in all States by January 1, 1980, and shall not affect the rights or liabilities of the Secretary, States, and applicant or participant households, under the Food Stamp Act of 1977 [this chapter] in effect on July 1, 1979 [now the Food and Nutrition Act of 2008], until implemented. "(b) Notwithstanding any other provision of law, the Secretary of Agriculture shall issue final regulations implementing the provisions of sections 4 through 6 of this Act [amending sections 2015 and 2025 of this title] within one hundred and fifty days after the date of enactment of this Act [Aug. 14, 1979]. "(c) The provisions of sections 7 and 8 of this Act [amending this section and section 2019 of this title] shall be implemented in all States by July 1, 1980, and shall not affect the rights or liabilities of the Secretary, States, and applicant or participating households, under the Food Stamp Act of 1977 [this chapter] in effect on July 1, 1979 [now the Food and Nutrition Act of 2008], until implemented." EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. Section 1302(b) of Pub. L. 95-113 provided that: "The amendments made by this section [repealing section 3(b) of Pub. L. 93-86 as described in the Repeals note below and amending section 1431 of this title and provisions set out as notes under sections 612c of this title and 1382e of Title 42, The Public Health and Welfare] shall be effective October 1, 1977." EFFECTIVE DATE OF 1974 AMENDMENT Amendment of section 8(a) of Pub. L. 93-233 by section 1(a), (b) of Pub. L. 93-335, effective July 1, 1974, see section 1(c) of Pub. L. 93-335, set out as a note under section 1382 of Title 42, The Public Health and Welfare. See Repeals note below. EFFECTIVE DATE OF 1972 AMENDMENT Section 411(a) of Pub. L. 92-603 provided that the amendment made by that section is effective January 1, 1974. Section 411(h) of Pub. L. 92-603 provided that: "Except as otherwise provided in this section, the amendments made by this section [amending this section and sections 2019 and 2023 of this title] shall take effect on January 1, 1973". REPEALS Section 3(b) of Pub. L. 93-86, cited as a credit to this section, was repealed, effective Oct. 1, 1977, by section 1302(a)(1) of Pub. L. 95-113. Section 3(b) of Pub. L. 93-86 had amended the definition of "household" in 1973 to exclude individuals receiving supplementary security income benefits under title XVI of the Social Security Act in certain months. For the period beginning Jan. 1, 1974, and ending September 30, 1978, Pub. L. 93-233, Sec. 8(a), Dec. 30, 1973, 87 Stat. 956, as amended by Pub. L. 93-335, Sec. 1(a), (b), July 8, 1974, 88 Stat. 291; Pub. L. 94-44, Sec. 3, June 28, 1975, 89 Stat. 235; Pub. L. 94-365, Sec. 2, July 14, 1976, 90 Stat. 990; Pub. L. 95-59, Sec. 3, June 30, 1977, 91 Stat. 255, provided that the amendment by section 3(b) of Pub. 93-86 should not be effective and that the definition of "household" should read as it did before such amendment but with the addition of a new sentence to exclude individuals receiving certain Federal or State supplementary payments under certain circumstances. CONTINUED ELIGIBILITY Pub. L. 103-225, title II, Sec. 205, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110-234, title IV, Secs. 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), May 22, 2008, 122 Stat. 1095, 1096, 1109; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1871, provided that: "An establishment or house-to-house trade route that is otherwise authorized to accept and redeem coupons under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the day before the date of enactment of this Act [Mar. 25, 1994] shall be considered to meet the definition of 'retail food store' in section 3(p) of that Act [7 U.S.C. 2012(p)] until the earlier of - "(1) the periodic reauthorization of the establishment or route; or "(2) such time as the eligibility of the establishment or route for continued participation in the supplemental nutrition assistance program is evaluated for any reason." REPORT ON IMPACT ON RETAIL FOOD STORES Pub. L. 103-225, title II, Sec. 206, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (B), (2)(B), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (B), (2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "Not later than 18 months after the date of enactment of this Act [Mar. 25, 1994], the Secretary of Agriculture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the impact of the amendments made by sections 201 and 202 [amending this section and section 2018 of this title] on the involvement of retail food stores in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), including a description of - "(1) the numbers and types of stores that were newly authorized to participate in the supplemental nutrition assistance program after implementation of the amendments; "(2) the numbers and types of stores that were withdrawn from the supplemental nutrition assistance program after implementation of the amendments; "(3) the procedures used by the Secretary, and the adequacy of the procedures used, to determine the eligibility of stores to participate in the supplemental nutrition assistance program and to authorize and reauthorize the stores to participate in the supplemental nutrition assistance program; "(4) the adequacy of the guidance provided by the Secretary to retail food stores concerning - "(A) the definitions of 'retail food store', 'staple foods', 'eligible foods', and 'perishable foods' for purposes of the supplemental nutrition assistance program; and "(B) eligibility criteria for stores to participate in the supplemental nutrition assistance program; and "(5) an assessment of whether the amendment to the definition of 'retail food store' under section 3(k) of such Act [subsec. (k) of this section] (as amended by section 201(1)) has had an adverse effect on the integrity of the supplemental nutrition assistance program." CONTINUING ELIGIBILITY OF CERTAIN RETAIL FOOD STORES Pub. L. 103-205, Sec. 2, Dec. 17, 1993, 107 Stat. 2418, as amended by Pub. L. 110-234, title IV, Secs. 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), May 22, 2008, 122 Stat. 1095-1097, 1109; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870, 1871, provided that: "Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act [Dec. 17, 1993] and ending on March 15, 1994, an establishment or house-to-house trade route that is otherwise authorized to accept and redeem benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the date of enactment of this Act may not be disqualified from participation in the supplemental nutrition assistance program solely because the establishment or trade route does not meet the definition of 'retail food store' under section 3(p)(1) of such Act (7 U.S.C. 2012(k)[(p)](1))." PUBLICLY OPERATED COMMUNITY HEALTH CENTERS Pub. L. 98-107, Sec. 101(b), Oct. 1, 1983, 97 Stat. 734, provided in part: "That notwithstanding any other provision of law or this joint resolution, the provisions of subsections (f) and (i) of section 3 and section 10 of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008], as amended [7 U.S.C. 2012(f), (i) and 2019], concerning private, nonprofit drug addiction or alcoholic treatment and rehabilitation programs, shall also be applicable to publicly operated community health centers". [Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104-299, set out as a note under section 254b of Title 42, The Public Health and Welfare.] ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RECIPIENTS FOR FOOD STAMPS DURING PRESCRIBED PERIOD BEGINNING JANUARY 1, 1974 Provisions respecting eligibility of supplemental security income recipients for food stamps during prescribed period beginning Jan. 1, 1974, see section 8(c) of Pub. L. 93-233, Dec. 31, 1974, 87 Stat. 957, set out as a note under section 1382e of Title 42, The Public Health and Welfare. -FOOTNOTE- (!1) So in original. The word "or" probably should appear. (!2) So in original. The comma probably should not appear. (!3) So in original. The word "are" probably should not appear. -End- -CITE- 7 USC Sec. 2012a 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2012a. Publicly operated community health centers -STATUTE- Notwithstanding any other provision of law, the provisions of subsections (f) and (i) (!1) of section 2012 of this title and section 2019 of this title, concerning private, nonprofit drug addiction or alcohol treatment and rehabilitation programs, shall henceforth also be applicable to publicly operated community health centers. -SOURCE- (Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 297.) -REFTEXT- REFERENCES IN TEXT Subsections (f) and (i) of section 2012 of this title, referred to in text, were redesignated subsecs. (h) and (n), respectively, by Pub. L. 110-246, title IV, Sec. 4115(b)(1)(M), June 18, 2008, 122 Stat. 1867. -COD- CODIFICATION Section was enacted as part of the Supplemental Appropriations Act, 1985, and not as part of the Food and Nutrition Act of 2008 which comprises this chapter. -MISC1- REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104-299, set out as a note under section 254b of Title 42, The Public Health and Welfare. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 7 USC Sec. 2013 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2013. Establishment of supplemental nutrition assistance program -STATUTE- (a) In general Subject to the availability of funds appropriated under section 2027 of this title, the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment and, through an approved State plan, nutrition education, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The benefits so received by such households shall be used only to purchase food from retail food stores which have been approved for participation in the supplemental nutrition assistance program. benefits (!1) issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (b) Food distribution program on Indian reservations (1) In general Distribution of commodities, with or without the supplemental nutrition assistance program, shall be made whenever a request for concurrent or separate food program operations, respectively, is made by a tribal organization. (2) Administration (A) In general Subject to subparagraphs (B) and (C), in the event of distribution on all or part of an Indian reservation, the appropriate agency of the State government in the area involved shall be responsible for the distribution. (B) Administration by tribal organization If the Secretary determines that a tribal organization is capable of effectively and efficiently administering a distribution described in paragraph (1), then the tribal organization shall administer the distribution. (C) Prohibition The Secretary shall not approve any plan for a distribution described in paragraph (1) that permits any household on any Indian reservation to participate simultaneously in the supplemental nutrition assistance program and the program established under this subsection. (3) Disqualified participants An individual who is disqualified from participation in the food distribution program on Indian reservations under this subsection is not eligible to participate in the supplemental nutrition assistance program under this chapter for a period of time to be determined by the Secretary. (4) Administrative costs The Secretary is authorized to pay such amounts for administrative costs and distribution costs on Indian reservations as the Secretary finds necessary for effective administration of such distribution by a State agency or tribal organization. (5) Bison meat Subject to the availability of appropriations to carry out this paragraph, the Secretary may purchase bison meat for recipients of food distributed under this subsection, including bison meat from - (A) Native American bison producers; and (B) producer-owned cooperatives of bison ranchers. (6) Traditional and locally-grown food fund (A) In general Subject to the availability of appropriations, the Secretary shall establish a fund for use in purchasing traditional and locally-grown foods for recipients of food distributed under this subsection. (B) Native American producers Where practicable, of the food provided under subparagraph (A), at least 50 percent shall be produced by Native American farmers, ranchers, and producers. (C) Definition of traditional and locally grown The Secretary shall determine the definition of the term "traditional and locally-grown" with respect to food distributed under this paragraph. (D) Survey In carrying out this paragraph, the Secretary shall - (i) survey participants of the food distribution program on Indian reservations established under this subsection to determine which traditional foods are most desired by those participants; and (ii) purchase or offer to purchase those traditional foods that may be procured cost-effectively. (E) Report Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities carried out under this paragraph during the preceding calendar year. (F) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2008 through 2012. (c) Regulations; transmittal of copy of regulations to Congressional committees prior to issuance The Secretary shall issue such regulations consistent with this chapter as the Secretary deems necessary or appropriate for the effective and efficient administration of the supplemental nutrition assistance program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5. In addition, prior to issuing any regulation, the Secretary shall provide the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a copy of the regulation with a detailed statement justifying it. -SOURCE- (Pub. L. 88-525, Sec. 4, Aug. 31, 1964, 78 Stat. 704; Pub. L. 91- 671, Sec. 3, Jan. 11, 1971, 84 Stat. 2049; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 961; Pub. L. 99-198, title XV, Secs. 1505(a), 1506, Dec. 23, 1985, 99 Stat. 1567; Pub. L. 110-234, title IV, Secs. 4001(b), 4002(a)(1), 4111(a), 4115(b)(2), 4211(a), May 22, 2008, 122 Stat. 1092, 1102, 1106, 1122; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4002(a)(1), 4111(a), 4115(b)(2), 4211(a), June 18, 2008, 122 Stat. 1664, 1853, 1863, 1867, 1884.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this paragraph, referred to in subsec. (b)(6)(E), is the date of enactment of Pub. L. 110-246, which was approved June 18, 2008. -COD- 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. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 4002(a)(1), substituted "supplemental nutrition assistance program" for "food stamp program" in section catchline. Subsec. (a). Pub. L. 110-246, Sec. 4115(b)(2), substituted "benefits" for "coupons" in two places and "benefits issued" for "Coupons issued". Pub. L. 110-246, Sec. 4111(a), inserted "and, through an approved State plan, nutrition education" after "an allotment" in first sentence. Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (b). Pub. L. 110-246, Sec. 4211(a), added subsec. (b) and struck out former subsec. (b) which read as follows: "Distribution of commodities, with or without the food stamp program, shall be made whenever a request for concurrent or separate food program operations, respectively, is made by a tribal organization. In the event of distribution on all or part of an Indian reservation, the appropriate agency of the State government in the area involved shall be responsible for such distribution, except that, if the Secretary determines that the tribal organization is capable of effectively and efficiently administering such distribution, then such tribal organizations shall administer such distribution: Provided, That the Secretary shall not approve any plan for such distribution which permits any household on any Indian reservation to participate simultaneously in the food stamp program and the distribution of federally donated foods. The Secretary is authorized to pay such amounts for administrative costs of such distribution on Indian reservations as the Secretary finds necessary for effective administration of such distribution by a State agency or tribal organization." Subsec. (c). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". 1985 - Subsec. (a). Pub. L. 99-198, Sec. 1505(a), inserted ", except that a State may not participate in the food stamp program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with coupons issued under this chapter" at end of first sentence. Subsec. (b). Pub. L. 99-198, Sec. 1506, struck out first sentence which directed that in jurisdictions where the food stamp program is in operation, there shall be no distribution of federally donated foods to households under the authority of any law, except that distribution may be made (1) on a temporary basis under programs authorized by law to meet disaster relief needs, or (2) for the purpose of the commodity supplemental food program, and struck out "also" after "shall" in second sentence. 1977 - Subsec. (a). Pub. L. 95-113 made establishment of food stamp program subject to availability of funds appropriated under section 2027 of this title. Subsec. (b). Pub. L. 95-113 inserted provisions relating to requests by tribal organizations. Subsec. (c). Pub. L. 95-113 inserted provisions relating to transmittal of regulations and accompanying statement of justification to Congressional committees. 1971 - Subsec. (a). Pub. L. 91-671 substituted "the State agency" and "the charge to be paid for such allotment by eligible households" for "an appropriate State agency" and "their normal expenditures for food", respectively, and struck out "more nearly" before "to obtain". Subsec. (b). Pub. L. 91-671 substituted "operation" for "effect", "federally donated foods" for "federally owned foods" where first appearing, and exception provision for distributions to households: during temporary emergency situations, for period of time necessary to effect transition to a food stamp program as a replacement of distribution of federally donated foods, or on request of the State agency without simultaneous participation in both the food stamp program and distribution of federally donated foods for prior exception during emergency situations caused by a national or other disaster. 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)(1), 4111(a), 4115(b)(2), and 4211(a) 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. EFFECTIVE DATE OF 1985 AMENDMENT Section 1505(b) of Pub. L. 99-198 provided that: "(1) Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall take effect with respect to a State beginning on the first day of the fiscal year that commences in the calendar year during which the first regular session of the legislature of such State is convened following the date of enactment of this Act [Dec. 23, 1985]. "(2) Upon a showing by a State, to the satisfaction of the Secretary, that the application of paragraph (1), without regard to this paragraph, would have an adverse and disruptive effect on the administration of the food stamp program in such State or would provide inadequate time for retail stores to implement changes in sales tax policy required as a result of the amendment made by subsection (a) [amending this section], the Secretary may delay the effective date of subsection (a) with respect to such State to a date not later than October 1, 1987." EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 7 USC Sec. 2014 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2014. Eligible households -STATUTE- (a) Income and other financial resources as substantial limiting factors in obtaining more nutritious diet; recipients under Social Security Act Participation in the supplemental nutrition assistance program shall be limited to those households whose incomes and other financial resources, held singly or in joint ownership, are determined to be a substantial limiting factor in permitting them to obtain a more nutritious diet. Notwithstanding any other provisions of this chapter except sections 2015(b), 2015(d)(2), and 2015(g) of this title and section 2012(n)(4) of this title, households in which each member receives benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], or aid to the aged, blind, or disabled under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., or 1381 et seq.], shall be eligible to participate in the supplemental nutrition assistance program. Except for sections 2015, 2025(e)(1), and section 2012(i)(4) of this title, households in which each member receives benefits under a State or local general assistance program that complies with standards established by the Secretary for ensuring that the program is based on income criteria comparable to or more restrictive than those under subsection (c)(2) of this section, and not limited to one-time emergency payments that cannot be provided for more than one consecutive month, shall be eligible to participate in the supplemental nutrition assistance program. Assistance under this program shall be furnished to all eligible households who make application for such participation. (b) Eligibility standards Except as otherwise provided in this chapter, the Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, and the Virgin Islands of the United States established in accordance with subsections (c) and (e) of this section) for participation by households in the supplemental nutrition assistance program in accordance with the provisions of this section. No plan of operation submitted by a State agency shall be approved unless the standards of eligibility meet those established by the Secretary, and no State agency shall impose any other standards of eligibility as a condition for participating in the program. (c) Gross income standard The income standards of eligibility shall be adjusted each October 1 and shall provide that a household shall be ineligible to participate in the supplemental nutrition assistance program if - (1) the household's income (after the exclusions and deductions provided for in subsections (d) and (e) of this section) exceeds the poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), for the forty-eight contiguous States and the District of Columbia, Alaska, Hawaii, the Virgin Islands of the United States, and Guam, respectively; and (2) in the case of a household that does not include an elderly or disabled member, the household's income (after the exclusions provided for in subsection (d) of this section but before the deductions provided for in subsection (e) of this section) exceeds such poverty line by more than 30 per centum. In no event shall the standards of eligibility for the Virgin Islands of the United States or Guam exceed those in the forty- eight contiguous States. (d) Exclusions from income Household income for purposes of the supplemental nutrition assistance program shall include all income from whatever source excluding only - (1) any gain or benefit which is not in the form of money payable directly to a household (notwithstanding its conversion in whole or in part to direct payments to households pursuant to any demonstration project carried out or authorized under Federal law including demonstration projects created by the waiver of provisions of Federal law); (2) any income in the certification period which is received too infrequently or irregularly to be reasonably anticipated, but not in excess of $30 in a quarter, subject to modification by the Secretary in light of subsection (f) of this section; (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits, and the like - (A) awarded to a household member enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof; (B) to the extent that they do not exceed the amount used for or made available as an allowance determined by such school, institution, program, or other grantor, for tuition and mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study involved), books, supplies, transportation, and other miscellaneous personal expenses (other than living expenses), of the student incidental to attending such school, institution, or program; and (C) to the extent loans include any origination fees and insurance premiums; (4) all loans other than educational loans on which repayment is deferred; (5) reimbursements which do not exceed expenses actually incurred and which do not represent a gain or benefit to the household and any allowance a State agency provides no more frequently than annually to families with children on the occasion of those children's entering or returning to school or child care for the purpose of obtaining school clothes (except that no such allowance shall be excluded if the State agency reduces monthly assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in the month for which the allowance is provided): Provided, That no portion of benefits provided under title IV-A of the Social Security Act [42 U.S.C. 601 et seq.], to the extent it is attributable to an adjustment for work-related or child care expenses (except for payments or reimbursements for such expenses made under an employment, education, or training program initiated under such title after September 19, 1988), and no portion of any educational loan on which payment is deferred, grant, scholarship, fellowship, veterans' benefits, and the like that are provided for living expenses, shall be considered such reimbursement; (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, and child support payments made by a household member to or for an individual who is not a member of the household if the household member is legally obligated to make the payments; (7) income earned by a child who is a member of the household, who is an elementary or secondary school student, and who is 17 years of age or younger; (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, cash donations based on need that are received from one or more private nonprofit charitable organizations, but not in excess of $300 in the aggregate in a quarter, retroactive lump-sum social security or railroad retirement pension payments and retroactive lump-sum insurance settlements: Provided, That such payments shall be counted as resources, unless specifically excluded by other laws; (9) the cost of producing self-employed income, but household income that otherwise is included under this subsection shall be reduced by the extent that the cost of producing self-employment income exceeds the income derived from self-employment as a farmer; (10) any income that any other Federal law specifically excludes from consideration as income for purposes of determining eligibility for the supplemental nutrition assistance program except as otherwise provided in subsection (k) of this section; (11)(A) any payments or allowances made for the purpose of providing energy assistance under any Federal law (other than part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); or (B) a 1-time payment or allowance made under a Federal or State law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device; (12) through September 30 of any fiscal year, any increase in income attributable to a cost-of-living adjustment made on or after July 1 of such fiscal year under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], section 3(a)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)(1)), or section 5312 of title 38, if the household was certified as eligible to participate in the supplemental nutrition assistance program or received an allotment in the month immediately preceding the first month in which the adjustment was effective; (13) any payment made to the household under section 3507 of title 26 (relating to advance payment of earned income credit); (14) any payment made to the household under section 2015(d)(4)(I) of this title for work related expenses or for dependent care; (15) any amounts necessary for the fulfillment of a plan for achieving self-support of a household member as provided under subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)); (16) at the option of the State agency, any educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits, and the like (other than loans, grants, scholarships, fellowships, veterans' educational benefits, and the like excluded under paragraph (3)), to the extent that they are required to be excluded under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (17) at the option of the State agency, any State complementary assistance program payments that are excluded for the purpose of determining eligibility for medical assistance under section 1931 of the Social Security Act (42 U.S.C. 1396u-1); (18) at the option of the State agency, any types of income that the State agency does not consider when determining eligibility for (A) cash assistance under a program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or the amount of such assistance, or (B) medical assistance under section 1931 of the Social Security Act (42 U.S.C. 1396u- 1), except that this paragraph does not authorize a State agency to exclude wages or salaries, benefits under title I, II, IV, X, XIV, or XVI of the Social Security Act (42 U.S.C. 301 et seq. [, 401 et seq., 601 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]), regular payments from a government source (such as unemployment benefits and general assistance), worker's compensation, child support payments made to a household member by an individual who is legally obligated to make the payments, or such other types of income the consideration of which the Secretary determines by regulation to be essential to equitable determinations of eligibility and benefit levels; and (19) any additional payment under chapter 5 of title 37, or otherwise designated by the Secretary to be appropriate for exclusion under this paragraph, that is received by or from a member of the United States Armed Forces deployed to a designated combat zone, if the additional pay - (A) is the result of deployment to or service in a combat zone; and (B) was not received immediately prior to serving in a combat zone. (e) Deductions from income (1) Standard deduction (A) In general (i) Deduction The Secretary shall allow a standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, and the Virgin Islands of the United States in an amount that is - (I) equal to 8.31 percent of the income standard of eligibility established under subsection (c)(1) of this section; but (II) not more than 8.31 percent of the income standard of eligibility established under subsection (c)(1) of this section for a household of 6 members. (ii) Minimum amount Notwithstanding clause (i), the standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, and the Virgin Islands of the United States shall be not less than - (I) for fiscal year 2009, $144, $246, $203, and $127, respectively; and (II) for fiscal year 2010 and each fiscal year thereafter, an amount that is equal to the amount from the previous fiscal year adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food. (B) Guam (i) In general The Secretary shall allow a standard deduction for each household in Guam in an amount that is - (I) equal to 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) of this section for the 48 contiguous States and the District of Columbia; but (II) not more than 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) of this section for the 48 contiguous States and the District of Columbia for a household of 6 members. (ii) Minimum amount Notwithstanding clause (i), the standard deduction for each household in Guam shall be not less than - (I) for fiscal year 2009, $289; and (II) for fiscal year 2010 and each fiscal year thereafter, an amount that is equal to the amount from the previous fiscal year adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food. (C) Requirement Each adjustment under subparagraphs (A)(ii)(II) and (B)(ii)(II) shall be based on the unrounded amount for the prior 12-month period. (2) Earned income deduction (A) "Earned income" defined In this paragraph, the term "earned income" does not include - (i) income excluded by subsection (d) of this section; or (ii) any portion of income earned under a work supplementation or support program, as defined under section 2025(b) of this title, that is attributable to public assistance. (B) Deduction Except as provided in subparagraph (C), a household with earned income shall be allowed a deduction of 20 percent of all earned income to compensate for taxes, other mandatory deductions from salary, and work expenses. (C) Exception The deduction described in subparagraph (B) shall not be allowed with respect to determining an overissuance due to the failure of a household to report earned income in a timely manner. (3) Dependent care deduction (A) In general A household shall be entitled, with respect to expenses (other than excluded expenses described in subparagraph (B)) for dependent care, to a dependent care deduction for the actual cost of payments necessary for the care of a dependent if the care enables a household member to accept or continue employment, or training or education that is preparatory for employment. (B) Excluded expenses The excluded expenses referred to in subparagraph (A) are - (i) expenses paid on behalf of the household by a third party; (ii) amounts made available and excluded, for the expenses referred to in subparagraph (A), under subsection (d)(3) of this section; and (iii) expenses that are paid under section 2015(d)(4) of this title. (4) Deduction for child support payments (A) In general In lieu of providing an exclusion for legally obligated child support payments made by a household member under subsection (d)(6) of this section, a State agency may elect to provide a deduction for the amount of the payments. (B) Order of determining deductions A deduction under this paragraph shall be determined before the computation of the excess shelter expense deduction under paragraph (6). (5) Excess medical expense deduction (A) In general A household containing an elderly or disabled member shall be entitled, with respect to expenses other than expenses paid on behalf of the household by a third party, to an excess medical expense deduction for the portion of the actual costs of allowable medical expenses, incurred by the elderly or disabled member, exclusive of special diets, that exceeds $35 per month. (B) Method of claiming deduction (i) In general A State agency shall offer an eligible household under subparagraph (A) a method of claiming a deduction for recurring medical expenses that are initially verified under the excess medical expense deduction in lieu of submitting information on, or verification of, actual expenses on a monthly basis. (ii) Method The method described in clause (i) shall - (I) be designed to minimize the burden for the eligible elderly or disabled household member choosing to deduct the recurrent medical expenses of the member pursuant to the method; (II) rely on reasonable estimates of the expected medical expenses of the member for the certification period (including changes that can be reasonably anticipated based on available information about the medical condition of the member, public or private medical insurance coverage, and the current verified medical expenses incurred by the member); and (III) not require further reporting or verification of a change in medical expenses if such a change has been anticipated for the certification period. (6) Excess shelter expense deduction (A) In general A household shall be entitled, with respect to expenses other than expenses paid on behalf of the household by a third party, to an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 percent of monthly household income after all other applicable deductions have been allowed. (B) Maximum amount of deduction In the case of a household that does not contain an elderly or disabled individual, in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of the United States, the excess shelter expense deduction shall not exceed - (i) for the period beginning on August 22, 1996, and ending on December 31, 1996, $247, $429, $353, $300, and $182 per month, respectively; (ii) for the period beginning on January 1, 1997, and ending on September 30, 1998, $250, $434, $357, $304, and $184 per month, respectively; (iii) for fiscal year 1999, $275, $478, $393, $334, and $203 per month, respectively; (iv) for fiscal year 2000, $280, $483, $398, $339, and $208 per month, respectively; (v) for fiscal year 2001, $340, $543, $458, $399, and $268 per month, respectively; and (vi) for fiscal year 2002 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (C) Standard utility allowance (i) In general In computing the excess shelter expense deduction, a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary, except that a State agency may use an allowance that does not fluctuate within a year to reflect seasonal variations. (ii) Restrictions on heating and cooling expenses An allowance for a heating or cooling expense may not be used in the case of a household that - (I) does not incur a heating or cooling expense, as the case may be; (II) does incur a heating or cooling expense but is located in a public housing unit that has central utility meters and charges households, with regard to the expense, only for excess utility costs; or (III) shares the expense with, and lives with, another individual not participating in the supplemental nutrition assistance program, another household participating in the supplemental nutrition assistance program, or both, unless the allowance is prorated between the household and the other individual, household, or both. (iii) Mandatory allowance (I) In general A State agency may make the use of a standard utility allowance mandatory for all households with qualifying utility costs if - (aa) the State agency has developed 1 or more standards that include the cost of heating and cooling and 1 or more standards that do not include the cost of heating and cooling; and (bb) the Secretary finds (without regard to subclause (III)) that the standards will not result in an increased cost to the Secretary. (II) Household election A State agency that has not made the use of a standard utility allowance mandatory under subclause (I) shall allow a household to switch, at the end of a certification period, between the standard utility allowance and a deduction based on the actual utility costs of the household. (III) Inapplicability of certain restrictions Clauses (ii)(II) and (ii)(III) shall not apply in the case of a State agency that has made the use of a standard utility allowance mandatory under subclause (I). (iv) Availability of allowance to recipients of energy assistance (I) In general Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating or cooling costs, the standard utility allowance shall be made available to households receiving a payment, or on behalf of which a payment is made, under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy assistance program, if the household still incurs out-of-pocket heating or cooling expenses in excess of any assistance paid on behalf of the household to an energy provider. (II) Separate allowance A State agency may use a separate standard utility allowance for households on behalf of which a payment described in subclause (I) is made, but may not be required to do so. (III) States not electing to use separate allowance A State agency that does not elect to use a separate allowance but makes a single standard utility allowance available to households incurring heating or cooling expenses (other than a household described in subclause (I) or (II) of clause (ii)) may not be required to reduce the allowance due to the provision (directly or indirectly) of assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (IV) Proration of assistance For the purpose of the supplemental nutrition assistance program, assistance provided under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to be prorated over the entire heating or cooling season for which the assistance was provided. (D) Homeless households (i) Alternative deduction In lieu of the deduction provided under subparagraph (A), a State agency may elect to allow a household in which all members are homeless individuals, but that is not receiving free shelter throughout the month, to receive a deduction of $143 per month. (ii) Ineligibility The State agency may make a household with extremely low shelter costs ineligible for the alternative deduction under clause (i). (f) Calculation of household income; prospective or retrospective accounting basis; consistency (1)(A) Household income for those households that, by contract for other than an hourly or piecework basis or by self-employment, derive their annual income in a period of time shorter than one year shall be calculated by averaging such income over a twelve- month period. Notwithstanding the preceding sentence, household income resulting from the self-employment of a member in a farming operation, who derives income from such farming operation and who has irregular expenses to produce such income, may, at the option of the household, be calculated by averaging such income and expenses over a 12-month period. Notwithstanding the first sentence, if the averaged amount does not accurately reflect the household's actual monthly circumstances because the household has experienced a substantial increase or decrease in business earnings, the State agency shall calculate the self-employment income based on anticipated earnings. (B) Household income for those households that receive nonexcluded income of the type described in subsection (d)(3) of this section shall be calculated by averaging such income over the period for which it is received. (C) Simplified determination of deductions. - (i) In general. - Except as provided in clause (ii), for the purposes of subsection (e) of this section, a State agency may elect to disregard until the next recertification of eligibility under section 2020(e)(4) of this title 1 or more types of changes in the circumstances of a household that affect the amount of deductions the household may claim under subsection (e) of this section. (ii) Changes that may not be disregarded. - Under clause (i), a State agency may not disregard - (I) any reported change of residence; or (II) under standards prescribed by the Secretary, any change in earned income. (2)(A) Except as provided in subparagraphs (B), (C), and (D), households shall have their incomes calculated on a prospective basis, as provided in paragraph (3)(A), or, at the option of the State agency, on a retrospective basis, as provided in paragraph (3)(B). (B) In the case of the first month, or at the option of the State, the first and second months, during a continuous period in which a household is certified, the State agency shall determine eligibility and the amount of benefits on the basis of the household's income and other relevant circumstances in such first or second month. (C) Households specified in clauses (i), (ii), and (iii) of section 2015(c)(1)(A) of this title shall have their income calculated on a prospective basis, as provided in paragraph (3)(A). (D) Except as provided in subparagraph (B), households required to submit monthly reports of their income and household circumstances under section 2015(c)(1) of this title shall have their income calculated on a retrospective basis, as provided in paragraph (3)(B). (3)(A) Calculation of household income on a prospective basis is the calculation of income on the basis of the income reasonably anticipated to be received by the household during the period for which eligibility or benefits are being determined. Such calculation shall be made in accordance with regulations prescribed by the Secretary which shall provide for taking into account both the income reasonably anticipated to be received by the household during the period for which eligibility or benefits are being determined and the income received by the household during the preceding thirty days. (B) Calculation of household income on a retrospective basis is the calculation of income for the period for which eligibility or benefits are being determined on the basis of income received in a previous period. Such calculation shall be made in accordance with regulations prescribed by the Secretary which may provide for the determination of eligibility on a prospective basis in some or all cases in which benefits are calculated under this paragraph. Such regulations shall provide for supplementing the initial allotments of newly applying households in those cases in which the determination of income under this paragraph causes serious hardship. (4) In promulgating regulations under this subsection, the Secretary shall consult with the Secretary of Health and Human Services in order to assure that, to the extent feasible and consistent with the purposes of this chapter and the Social Security Act [42 U.S.C. 301 et seq.], the income of households receiving benefits under this chapter and title IV-A of the Social Security Act [42 U.S.C. 601 et seq.] is calculated on a comparable basis under this chapter and the Social Security Act. The Secretary is authorized, upon the request of a State agency, to waive any of the provisions of this subsection (except the provisions of paragraph (2)(A)) to the extent necessary to permit the State agency to calculate income for purposes of this chapter on the same basis that income is calculated under title IV-A of the Social Security Act in that State. (g) Allowable financial resources (1) Total amount (A) In general The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible household may own, and shall, in so doing, assure that a household otherwise eligible to participate in the supplemental nutrition assistance program will not be eligible to participate if its resources exceed $2,000 (as adjusted in accordance with subparagraph (B)), or, in the case of a household which consists of or includes an elderly or disabled member, if its resources exceed $3,000 (as adjusted in accordance with subparagraph (B)). (B) Adjustment for inflation (i) In general Beginning on October 1, 2008, and each October 1 thereafter, the amounts specified in subparagraph (A) shall be adjusted and rounded down to the nearest $250 increment to reflect changes for the 12-month period ending the preceding June in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (ii) Requirement Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period. (2) Included assets. - (A) In general. - Subject to the other provisions of this paragraph, the Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1982 (other than those relating to licensed vehicles and inaccessible resources). (B) Additional included assets. - The Secretary shall include in financial resources - (i) any boat, snowmobile, or airplane used for recreational purposes; (ii) any vacation home; (iii) any mobile home used primarily for vacation purposes; (iv) subject to subparagraphs (C) and (D), any licensed vehicle that is used for household transportation or to obtain or continue employment to the extent that the fair market value of the vehicle exceeds $4,650; and (v) any savings account, regardless of whether there is a penalty for early withdrawal. (C) Excluded vehicles. - A vehicle (and any other property, real or personal, to the extent the property is directly related to the maintenance or use of the vehicle) shall not be included in financial resources under this paragraph if the vehicle is - (i) used to produce earned income; (ii) necessary for the transportation of a physically disabled household member; or (iii) depended on by a household to carry fuel for heating or water for home use and provides the primary source of fuel or water, respectively, for the household. (D) Alternative vehicle allowance. - If the vehicle allowance standards that a State agency uses to determine eligibility for assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) would result in a lower attribution of resources to certain households than under subparagraph (B)(iv), in lieu of applying subparagraph (B)(iv), the State agency may elect to apply the State vehicle allowance standards to all households that would incur a lower attribution of resources under the State vehicle allowance standards. (3) The Secretary shall exclude from financial resources the value of a burial plot for each member of a household and nonliquid resources necessary to allow the household to carry out a plan for self-sufficiency approved by the State agency that constitutes adequate participation in an employment and training program under section 2015(d) of this title. The Secretary shall also exclude from financial resources any earned income tax credits received by any member of the household for a period of 12 months from receipt if such member was participating in the supplemental nutrition assistance program at the time the credits were received and participated in such program continuously during the 12-month period. (4) In the case of farm property (including land, equipment, and supplies) that is essential to the self-employment of a household member in a farming operation, the Secretary shall exclude from financial resources the value of such property until the expiration of the 1-year period beginning on the date such member ceases to be self-employed in farming. (5) The Secretary shall promulgate rules by which State agencies shall develop standards for identifying kinds of resources that, as a practical matter, the household is unlikely to be able to sell for any significant return because the household's interest is relatively slight or because the cost of selling the household's interest would be relatively great. Resources so identified shall be excluded as inaccessible resources. A resource shall be so identified if its sale or other disposition is unlikely to produce any significant amount of funds for the support of the household. The Secretary shall not require the State agency to require verification of the value of a resource to be excluded under this paragraph unless the State agency determines that the information provided by the household is questionable. (6) Exclusion of types of financial resources not considered under certain other federal programs. - (A) In general. - Subject to subparagraph (B), a State agency may, at the option of the State agency, exclude from financial resources under this subsection any types of financial resources that the State agency does not consider when determining eligibility for - (i) cash assistance under a program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (ii) medical assistance under section 1931 of the Social Security Act (42 U.S.C. 1396u-1). (B) Limitations. - Except to the extent that any of the types of resources specified in clauses (i) through (iv) are excluded under another paragraph of this subsection, subparagraph (A) does not authorize a State agency to exclude - (i) cash; (ii) licensed vehicles; (iii) amounts in any account in a financial institution that are readily available to the household; or (iv) any other similar type of resource the inclusion in financial resources of which the Secretary determines by regulation to be essential to equitable determinations of eligibility under the supplemental nutrition assistance program. (7) Exclusion of retirement accounts from allowable financial resources. - (A) Mandatory exclusions. - The Secretary shall exclude from financial resources under this subsection the value of - (i) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of title 26 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5; and (ii) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under title 26. (B) Discretionary exclusions. - The Secretary may exclude from financial resources under this subsection the value of any other retirement plans, contracts, or accounts (as determined by the Secretary). (8) Exclusion of education accounts from allowable financial resources. - (A) Mandatory exclusions. - The Secretary shall exclude from financial resources under this subsection the value of any funds in a qualified tuition program described in section 529 of title 26 or in a Coverdell education savings account under section 530 of that title. (B) Discretionary exclusions. - The Secretary may exclude from financial resources under this subsection the value of any other education programs, contracts, or accounts (as determined by the Secretary). (h) Temporary emergency standards of eligibility; Disaster Task Force; direct assistance to State and local officials (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by sections 5170a and 5192 of title 42, establish temporary emergency standards of eligibility for the duration of the emergency for households who are victims of a disaster which disrupts commercial channels of food distribution, if such households are in need of temporary food assistance and if commercial channels of food distribution have again become available to meet the temporary food needs of such households. Such standards as are prescribed for individual emergencies may be promulgated without regard to section 2013(c) of this title or the procedures set forth in section 553 of title 5. (2) The Secretary shall - (A) establish a Disaster Task Force to assist States in implementing and operating the disaster program and the regular supplemental nutrition assistance program in the disaster area; and (B) if the Secretary, in the Secretary's discretion, determines that it is cost-effective to send members of the Task Force to the disaster area, the Secretary shall send them to such area as soon as possible after the disaster occurs to provide direct assistance to State and local officials. (3)(A) The Secretary shall provide, by regulation, for emergency allotments to eligible households to replace food destroyed in a disaster. The regulations shall provide for replacement of the value of food actually lost up to a limit approved by the Secretary not greater than the applicable maximum monthly allotment for the household size. (B) The Secretary shall adjust issuance methods and reporting and other application requirements to be consistent with what is practicable under actual conditions in the affected area. In making this adjustment, the Secretary shall consider the availability of the State agency's offices and personnel, any conditions that make reliance on electronic benefit transfer systems described in section 2016(h) of this title impracticable, and any damage to or disruption of transportation and communication facilities. (i) Attribution of income and resources to sponsored aliens; coverage, computations, etc. (1) For purposes of determining eligibility for and the amount of benefits under this chapter for an individual who is an alien as described in section 2015(f)(2)(B) of this title, the income and resources of any person who as a sponsor of such individual's entry into the United States executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor's spouse if such spouse is living with the sponsor, shall be deemed to be the income and resources of such individual for a period of three years after the individual's entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. (2)(A) The amount of income of a sponsor, and the sponsor's spouse if living with the sponsor, which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: (i) the total yearly rate of earned and unearned income of such sponsor, and such sponsor's spouse if such spouse is living with the sponsor, shall be determined for such year under rules prescribed by the Secretary; (ii) the amount determined under clause (i) of this subparagraph shall be reduced by an amount equal to the income eligibility standard as determined under subsection (c) of this section for a household equal in size to the sponsor, the sponsor's spouse if living with the sponsor, and any persons dependent upon or receiving support from the sponsor or the sponsor's spouse if the spouse is living with the sponsor; and (iii) the monthly income attributed to such alien shall be one- twelfth of the amount calculated under clause (ii) of this subparagraph. (B) The amount of resources of a sponsor, and the sponsor's spouse if living with the sponsor, which shall be deemed to be the resources of an alien for any year shall be determined as follows: (i) the total amount of the resources of such sponsor and such sponsor's spouse if such spouse is living with the sponsor shall be determined under rules prescribed by the Secretary; (ii) the amount determined under clause (i) of this subparagraph shall be reduced by $1,500; and (iii) the resources determined under clause (ii) of this subparagraph shall be deemed to be resources of such alien in addition to any resources of such alien. (C)(i) Any individual who is an alien shall, during the period of three years after entry into the United States, in order to be an eligible individual or eligible spouse for purposes of this chapter, be required to provide to the State agency such information and documentation with respect to the alien's sponsor and sponsor's spouse as may be necessary in order for the State agency to make any determination required under this section, and to obtain any cooperation from such sponsor necessary for any such determination. Such alien shall also be required to provide such information and documentation which such alien or the sponsor provided in support of such alien's immigration application as the State agency may request. (ii) The Secretary shall enter into agreements with the Secretary of State and the Attorney General whereby any information available to such persons and required in order to make any determination under this section will be provided by such persons to the Secretary, and whereby such persons shall inform any sponsor of an alien, at the time such sponsor executes an affidavit of support or similar agreement, of the requirements imposed by this section. (D) Any sponsor of an alien, and such alien, shall be jointly and severably liable for an amount equal to any overpayment made to such alien during the period of three years after such alien's entry into the United States, on account of such sponsor's failure to provide correct information under the provisions of this section, except where such sponsor was without fault, or where good cause for such failure existed. Any such overpayment which is not repaid shall be recovered in accordance with the provisions of section 2022(b)(2) (!1) of this title. (E) The provisions of this subsection shall not apply with respect to any alien who is a member of the sponsor's household or to any alien who is under 18 years of age. (j) Resource exemption for otherwise exempt households Notwithstanding subsections (a) through (i) of this section, a State agency shall consider a household member who receives supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], aid to the aged, blind, or disabled under title I, II, X, XIV, or XVI of such Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], or who receives benefits under a State program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.) to have satisfied the resource limitations prescribed under subsection (g) of this section. (k) Assistance to third parties included; educational benefits; exceptions (1) For purposes of subsection (d)(1) of this section, except as provided in paragraph (2), assistance provided to a third party on behalf of a household by a State or local government shall be considered money payable directly to the household if the assistance is provided in lieu of - (A) a regular benefit payable to the household for living expenses 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) a benefit payable to the household for housing expenses under - (i) a State or local general assistance program; or (ii) another basic assistance program comparable to general assistance (as determined by the Secretary). (2) Paragraph (1) shall not apply to - (A) medical assistance; (B) child care assistance; (C) a payment or allowance described in subsection (d)(11) of this section; (D) assistance provided by a State or local housing authority; (E) emergency assistance for migrant or seasonal farmworker households during the period such households are in the job stream; (F) emergency and special assistance, to the extent excluded in regulations prescribed by the Secretary; or (G) assistance provided to a third party on behalf of a household under a State or local general assistance program, or another local basic assistance program comparable to general assistance (as determined by the Secretary), if, under State law, no assistance under the program may be provided directly to the household in the form of a cash payment. (3) For purposes of subsection (d)(1) of this section, educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits, and the like that are provided to a third party on behalf of a household for living expenses shall be treated as money payable directly to the household. (4) Third party energy assistance payments. - (A) Energy assistance payments. - For purposes of subsection (d)(1) of this section, a payment made under a State law (other than a law referred to in paragraph (2)(H)) (!1) to provide energy assistance to a household shall be considered money payable directly to the household. (B) Energy assistance expenses. - For purposes of subsection (e)(6) of this section, an expense paid on behalf of a household under a State law to provide energy assistance shall be considered an out-of-pocket expense incurred and paid by the household. (l) Earnings to participants of on-the-job training programs; exception Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998 [29 U.S.C. 2931(a)(2)], earnings to individuals participating in on-the-job training under title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] shall be considered earned income for purposes of the supplemental nutrition assistance program, except for dependents less than 19 years of age. (m) Simplified calculation of income for self-employed (1) In general Not later than 1 year after August 22, 1996, the Secretary shall establish a procedure by which a State may submit a method, designed to not increase Federal costs, for the approval of the Secretary, that the Secretary determines will produce a reasonable estimate of income excluded under subsection (d)(9) of this section in lieu of calculating the actual cost of producing self-employment income. (2) Inclusive of all types of income or limited types of income The method submitted by a State under paragraph (1) may allow a State to estimate income for all types of self-employment income or may be limited to 1 or more types of self-employment income. (3) Differences for different types of income The method submitted by a State under paragraph (1) may differ for different types of self-employment income. (n) State options to simplify determination of child support payments Regardless of whether a State agency elects to provide a deduction under subsection (e)(4) of this section, the Secretary shall establish simplified procedures to allow State agencies, at the option of the State agencies, to determine the amount of any legally obligated child support payments made, including procedures to allow the State agency to rely on information from the agency responsible for implementing the program under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) concerning payments made in prior months in lieu of obtaining current information from the households. -SOURCE- (Pub. L. 88-525, Sec. 5, Aug. 31, 1964, 78 Stat. 704; Pub. L. 91- 671, Sec. 4, Jan. 11, 1971, 84 Stat. 2049; Pub. L. 93-86, Sec. 3(d), (e), (g), (h), Aug. 10, 1973, 87 Stat. 246, 247; Pub. L. 95- 113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 962; Pub. L. 96-58, Sec. 2, Aug. 14, 1979, 93 Stat. 390; Pub. L. 96-223, title III, Sec. 313(c)(2), Apr. 2, 1980, 94 Stat. 299; Pub. L. 96-249, title I, Secs. 102-108, 112, 136-138, May 26, 1980, 94 Stat. 357- 359, 361, 369, 370; Pub. L. 97-35, title I, Secs. 104(a), 105-107, 115, 116(a)(1), title XXVI, Sec. 2611, Aug. 13, 1981, 95 Stat. 358- 361, 364, 902; Pub. L. 97-98, title XIII, Secs. 1305-1309, Dec. 22, 1981, 95 Stat. 1283, 1284; Pub. L. 97-253, title I, Secs. 143(b), 145(c), (d), 146-152(a), 153, 189(a), Sept. 8, 1982, 96 Stat. 773-776, 787; Pub. L. 98-204, Sec. 4, Dec. 2, 1983, 97 Stat. 1385; Pub. L. 99-198, title XV, Secs. 1507(a)(1), 1508-1513(a), 1514, 1515, Dec. 23, 1985, 99 Stat. 1567-1572; Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 638(a)], Oct. 18, 1986, 100 Stat. 1783, 1783- 34, and Pub. L. 99-591, Sec. 101(a) [title VI, Sec. 638(a)], Oct. 30, 1986, 100 Stat. 3341, 3341-34; Pub. L. 100-77, title VIII, Secs. 803(a), 804(a), 805(a), 806(a), 807(a), July 22, 1987, 101 Stat. 534, 535; Pub. L. 100-232, Sec. 2(a), Jan. 5, 1988, 101 Stat. 1566; Pub. L. 100-387, title V, Sec. 501(a), Aug. 11, 1988, 102 Stat. 960; Pub. L. 100-435, title II, Secs. 201, 202(a), title III, Secs. 340-343, 351, title IV, Secs. 402, 403, 404(f), Sept. 19, 1988, 102 Stat. 1655, 1656, 1663-1665, 1668; Pub. L. 100-707, title I, Sec. 109(d), Nov. 23, 1988, 102 Stat. 4708; Pub. L. 101-624, title XVII, Secs. 1714-1718(a), 1719-1722, 1726(b)(2), Nov. 28, 1990, 104 Stat. 3783-3787; Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-237, title IX, Secs. 902-906, 941(2), Dec. 13, 1991, 105 Stat. 1884, 1885, 1892; Pub. L. 102-265, Sec. 1(a), Mar. 26, 1992, 106 Stat. 90; Pub. L. 102-367, title VII, Sec. 702(b), Sept. 7, 1992, 106 Stat. 1113; Pub. L. 103-66, title XIII, Secs. 13911-13915, 13921, 13922(a), 13923, 13924, Aug. 10, 1993, 107 Stat. 673-675; Pub. L. 103-225, title I, Sec. 101(b)(2), Mar. 25, 1994, 108 Stat. 107; Pub. L. 104- 193, title I, Sec. 109(a), title VIII, Secs. 806-809(a), 810-812, Aug. 22, 1996, 110 Stat. 2169, 2309, 2313, 2314; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(2)(A), (f)(2)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-418, 2681-429; Pub. L. 106- 387, Sec. 1(a) [title VIII, Secs. 846(a), 847(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A-65, 1549A-66; Pub. L. 107-171, title IV, Secs. 4101-4108(a), 4112(b)(2), 4401(b)(2)(C), May 13, 2002, 116 Stat. 305-309, 313, 333; Pub. L. 110-234, title IV, Secs. 4001(b), 4002(a)(2), 4101-4104, 4115(b)(3), May 22, 2008, 122 Stat. 1092, 1098-1100, 1106; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4002(a)(2), 4101-4104, 4115(b)(3), June 18, 2008, 122 Stat. 1664, 1853, 1859-1861, 1867.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a), (d)(5), (11), (12), (16), (18), (f)(4), (g)(2)(D), (6)(A)(i), (j), (k)(1)(A), and (n), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles I, II, IV, X, XIV, XVI, and XIX of the Social Security Act are classified generally to subchapters I (Sec. 301 et seq.), II (Sec. 401 et seq.), IV (Sec. 601 et seq.), X (Sec. 1201 et seq.), XIV (Sec. 1351 et seq.), XVI (Sec. 1381 et seq.), and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Parts A and D of title IV of the Act are classified generally to parts A (Sec. 601 et seq.) and D (Sec. 651 et seq.) of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (e)(7)(C)(iv), is title XXVI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 893, as amended, which is classified generally to subchapter II (Sec. 8621 et seq.) of chapter 94 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of Title 42 and Tables. Section 2022(b) of this title, referred to in subsec. (i)(2)(D), was amended generally by Pub. L. 104-193, title VIII, Sec. 844(a)(1), Aug. 22, 1996, 110 Stat. 2332, and, as so amended, provisions formerly appearing in section 2022(b)(2) of this title now appear in section 2022(b)(1) of this title. Paragraph (2)(H), referred to in subsec. (k)(4)(A), meaning par. (2)(H) of subsec. (k), was redesignated par. (2)(G) by Pub. L. 104- 193, title VIII, Sec. 811(2), Aug. 22, 1996, 110 Stat. 2314. The Workforce Investment Act of 1998, referred to in subsec. (l), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables. -COD- 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. Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC1- AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-246, Sec. 4115(b)(3)(A), substituted "section 2012(n)(4)" for "section 2012(i)(4)". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsecs. (b), (c). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (d). Pub. L. 110-246, Sec. 4101, inserted heading, redesignated cls. (1) to (18) as pars. (1) to (18), respectively, and realigned margins, in pars. (1) to (16), substituted semicolon for comma at end, in par. (3), redesignated subcls. (A) to (C) as subpars. (A) to (C), respectively, and realigned margins, in subpars. (B) and (C), substituted semicolon for comma at end, in par. (11), redesignated subcls. (A) and (B) as subpars. (A) and (B), respectively, in subpar. (A), substituted semicolon for comma at end, realigned margin of subpar. (B), and added par. (19). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (e)(1)(A)(ii). Pub. L. 110-246, Sec. 4102(1), substituted "not less than - " and subcls. (I) and (II) for "not less than $134, $229, $189, and $118, respectively." Subsec. (e)(1)(B)(ii). Pub. L. 110-246, Sec. 4102(2), substituted "not less than - " and subcls. (I) and (II) for "not less than $269." Subsec. (e)(1)(C). Pub. L. 110-246, Sec. 4102(3), added subpar. (C). Subsec. (e)(3)(A). Pub. L. 110-246, Sec. 4103, struck out ", the maximum allowable level of which shall be $200 per month for each dependent child under 2 years of age and $175 per month for each other dependent," after "deduction". Subsec. (e)(6)(C). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (g). Pub. L. 110-246, Sec. 4104(a)(1), inserted subsec. heading. Subsec. (g)(1). Pub. L. 110-246, Sec. 4104(a), inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, inserted "(as adjusted in accordance with subparagraph (B))" after "$2,000" and after "$3,000", and added subpar. (B). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (g)(2)(B)(v). Pub. L. 110-246, Sec. 4104(b)(1), substituted "savings account" for "savings or retirement account (including an individual account)". Subsec. (g)(3), (6). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (g)(7), (8). Pub. L. 110-246, Sec. 4104(b)(2), (c), added pars. (7) and (8). Subsec. (h)(2)(A). Pub. L. 110-246, Sec. 4002(a)(2), substituted "Disaster Task Force" for "Food Stamp Disaster Task Force". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (h)(3)(B). Pub. L. 110-246, Sec. 4115(b)(3)(B), substituted "section 2016(h)" for "section 2016(i)" in second sentence. Subsec. (i)(2)(E). Pub. L. 110-246, Sec. 4115(b)(3)(C), struck out ", as defined in section 2012(i) of this title," after "household". Subsec. (l). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". 2002 - Subsec. (a). Pub. L. 107-171, Sec. 4112(b)(2), substituted "section 2012(i)(4) of this title" for "the third sentence of section 2012(i) of this title" in two places. Subsec. (d)(6). Pub. L. 107-171, Sec. 4101(a), inserted at end "and child support payments made by a household member to or for an individual who is not a member of the household if the household member is legally obligated to make the payments,". Subsec. (d)(16) to (18). Pub. L. 107-171, Sec. 4102, added cls. (16) to (18). Subsec. (e)(1). Pub. L. 107-171, Sec. 4103, added par. (1) and struck out heading and text of former par. (1). Text read as follows: "The Secretary shall allow a standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of the United States of $134, $229, $189, $269, and $118, respectively." Subsec. (e)(4). Pub. L. 107-171, Sec. 4101(b)(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "(A) In general. - A household shall be entitled to a deduction for child support payments made by a household member to or for an individual who is not a member of the household if the household member is legally obligated to make the payments. "(B) Methods for determining amount. - The Secretary may prescribe by regulation the methods, including calculation on a retrospective basis, that a State agency shall use to determine the amount of the deduction for child support payments." Subsec. (e)(5), (6). Pub. L. 107-171, Sec. 4105(b)(1), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out heading and text of former par. (5). Text read as follows: "Under rules prescribed by the Secretary, a State agency may develop a standard homeless shelter allowance, which shall not exceed $143 per month, for such expenses as may reasonably be expected to be incurred by households in which all members are homeless individuals but are not receiving free shelter throughout the month. A State agency that develops the allowance may use the allowance in determining eligibility and allotments for the households. The State agency may make a household with extremely low shelter costs ineligible for the allowance." Subsec. (e)(7). Pub. L. 107-171, Sec. 4105(b)(1)(B), redesignated par. (7) as (6). Former par. (6) redesignated (5). Subsec. (e)(7)(C)(iii)(I)(bb). Pub. L. 107-171, Sec. 4104(1), inserted "(without regard to subclause (III))" after "Secretary finds". Subsec. (e)(7)(C)(iii)(III). Pub. L. 107-171, Sec. 4104(2), added subcl. (III). Subsec. (e)(7)(D). Pub. L. 107-171, Sec. 4105(a), added subpar. (D). Subsec. (f)(1)(C). Pub. L. 107-171, Sec. 4106, added subpar. (C). Subsec. (g)(1). Pub. L. 107-171, Sec. 4107(1), substituted "an elderly or disabled member" for "a member who is 60 years of age or older". Subsec. (g)(6). Pub. L. 107-171, Sec. 4107(2), added par. (6). Subsec. (h)(3)(B). Pub. L. 107-171, Sec. 4108(a), inserted "issuance methods and" after "Secretary shall adjust" in first sentence and inserted ", any conditions that make reliance on electronic benefit transfer systems described in section 2016(i) of this title impracticable," after "personnel" in second sentence. Subsec. (i)(2)(E). Pub. L. 107-171, Sec. 4401(b)(2)(C), inserted ", or to any alien who is under 18 years of age" before period at end. Subsec. (k)(4)(B). Pub. L. 107-171, Sec. 4105(b)(2), substituted "subsection (e)(6) of this section" for "subsection (e)(7) of this section". Subsec. (n). Pub. L. 107-171, Sec. 4101(b)(2), added subsec. (n). 2000 - Subsec. (e)(7)(B)(iii) to (vi). Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 846(a)], added cls. (iii) to (vi) and struck out former cls. (iii) and (iv) which read as follows: "(iii) for fiscal years 1999 and 2000, $275, $478, $393, $334, and $203 per month, respectively; and "(iv) for fiscal year 2001 and each subsequent fiscal year, $300, $521, $429, $364, and $221 per month, respectively." Subsec. (g)(2)(B)(iv). Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 847(a)(1)], substituted "subparagraphs (C) and (D)" for "subparagraph (C)" and "to the extent that the fair market value of the vehicle exceeds $4,650; and" for "to the extent that the fair market value of the vehicle exceeds $4,600 through September 30, 1996, and $4,650 beginning October 1, 1996; and". Subsec. (g)(2)(D). Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 847(a)(2)], added subpar. (D). 1998 - Subsec. (l). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(2)(A)], substituted "Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training under title I of the Workforce Investment Act of 1998" for "Notwithstanding section 1552(b) of title 29 or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 1604(b)(1)(C) or 1644(c)(1)(A) of title 29 or in on-the-job training under title I of the Workforce Investment Act of 1998". Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(2)(A)], substituted "Notwithstanding section 1552(b) of title 29 or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 1604(b)(1)(C) or 1644(c)(1)(A) of title 29 or in on-the-job training under title I of the Workforce Investment Act of 1998" for "Notwithstanding section 1552(b) of title 29, earnings to individuals participating in on-the-job training programs under section 1604(b)(1)(C) or section 1644(c)(1)(A) of title 29". 1996 - Subsec. (a). Pub. L. 104-193, Sec. 109(a)(1), substituted "program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)" for "plan approved under part A of title IV of the Social Security Act". Subsec. (b). Pub. L. 104-193, Sec. 806, inserted heading and substituted "Except as otherwise provided in this chapter, the Secretary" for "The Secretary". Subsec. (d)(5). Pub. L. 104-193, Sec. 109(a)(2)(A), substituted "assistance under a State program funded" for "assistance to families with dependent children". Subsec. (d)(7). Pub. L. 104-193, Sec. 807, substituted "17" for "21". Subsec. (d)(11). Pub. L. 104-193, Sec. 808(a), added cl. (11) and struck out former cl. (11) which read as follows: "any payments or allowances made for the purpose of providing energy assistance (A) under any Federal law, or (B) under any State or local laws, designated by the State or local legislative body authorizing such payments or allowances as energy assistance, and determined by the Secretary to be calculated as if provided by the State or local government involved on a seasonal basis for an aggregate period not to exceed six months in any year even if such payments or allowances (including tax credits) are not provided on a seasonal basis because it would be administratively infeasible or impracticable to do so,". Subsec. (d)(13) to (16). Pub. L. 104-193, Sec. 109(a)(2)(B), redesignated cls. (14) to (16) as (13) to (15), respectively, and struck out former cl. (13) which read as follows: "at the option of a State agency and subject to subsection (m) of this section, child support payments that are excluded under section 402(a)(8)(A)(vi) of the Social Security Act (42 U.S.C. 602(a)(8)(A)(vi)),". Subsec. (e). Pub. L. 104-193, Sec. 809(a), added subsec. (e) and struck out former subsec. (e) which provided for deductions in computing household income for purposes of determining eligibility and benefit levels for households containing an elderly or disabled member and determining benefit levels only for all other households. Subsec. (g)(2). Pub. L. 104-193, Sec. 810, added par. (2) and struck out former par. (2) which read as follows: "The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1982 (other than those relating to licensed vehicles and inaccessible resources), and shall, in addition, include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, any licensed vehicle (other than one used to produce earned income or that is necessary for transportation of a physically disabled household member and any other property, real or personal, to the extent that it is directly related to the maintenance or use of such vehicle) used for household transportation or used to obtain or continue employment to the extent that the fair market value of any such vehicle exceeds a level set by the Secretary, which shall be $4,500 through August 31, 1994, $4,550 beginning September 1, 1994, through September 30, 1995, $4,600 beginning October 1, 1995, through September 30, 1996, and $5,000 beginning October 1, 1996, as adjusted on such date and on each October 1 thereafter to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of such adjustment and rounded to the nearest $50, and, regardless of whether there is a penalty for early withdrawal, any savings or retirement accounts (including individual accounts). The Secretary shall exclude from financial resources the value of a vehicle that a household depends upon to carry fuel for heating or water for home use when such transported fuel or water is the primary source of fuel or water for the household." Subsec. (j). Pub. L. 104-193, Sec. 109(a)(3), substituted "program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.)" for "plan approved under part A of title IV of such Act (42 U.S.C. 601 et seq.)". Subsec. (k)(1). Pub. L. 104-193, Sec. 808(b)(1), in subpar. (A), substituted "State program funded" for "State plan for aid to families with dependent children approved" and in subpar. (B), struck out ", not including energy or utility-cost assistance," before "under" in introductory provisions. Subsec. (k)(2)(C). Pub. L. 104-193, Sec. 808(b)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: "energy assistance;". Subsec. (k)(2)(F) to (H). Pub. L. 104-193, Sec. 811, redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: "housing assistance payments made to a third party on behalf of the household residing in transitional housing for the homeless;". Subsec. (k)(4). Pub. L. 104-193, Sec. 808(b)(3), added par. (4). Subsec. (m). Pub. L. 104-193, Sec. 812, added subsec. (m). Pub. L. 104-193, Sec. 109(a)(4), struck out subsec. (m) which read as follows: "If a State agency excludes payments from income for purposes of the food stamp program under subsection (d)(13) of this section, such State agency shall pay to the Federal Government, in a manner prescribed by the Secretary, the cost of any additional benefits provided to households in such State that arise under such program as the result of such exclusion." 1994 - Subsec. (f)(2)(C). Pub. L. 103-225 substituted "clauses (i), (ii), and (iii)" for "clauses (i), (ii), (iii), and (iv)". 1993 - Subsec. (d)(7). Pub. L. 103-66, Sec. 13911, substituted "who is an elementary or secondary school student, and who is 21 years of age or younger" for "who is a student, and who has not attained his eighteenth birthday". Subsec. (e). Pub. L. 103-66, Sec. 13922(a), in cl. (1) of fourth sentence, substituted "$200 a month for each dependent child under 2 years of age and $175 a month for each other dependent" for "$160 a month for each dependent", and struck out ", regardless of the dependent's age," before "when such care enables a household member to accept". Pub. L. 103-66, Sec. 13912(a)(1), in fourth sentence struck out ": Provided, That the amount of such excess shelter expense deduction shall not exceed $164 a month in the forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States $285, $234, $199, and $121 a month, respectively, adjusted on October 1, 1988, and on each October 1 thereafter, to the nearest lower dollar increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the twelve months ending the preceding June 30" after "deductions have been allowed". Pub. L. 103-66, Sec. 13912(b)(2), which directed amendment of subsec. (e), as amended by section 13912(b)(1) of Pub. L. 103-66, by striking out the fifth and sixth sentences, could not be executed in view of amendment by Pub. L. 104-193. See 1996 Amendment note above and Effective Date of 1993 Amendment note below. Pub. L. 103-66, Sec. 13912(b)(1), inserted new fifth and sixth sentences: "In the 15-month period ending September 30, 1995, such excess shelter expense deduction shall not exceed $231 a month in the 48 contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States, $402, $330, $280, and $171 a month, respectively. In the 15-month period ending December 31, 1996, such excess shelter expense deduction shall not exceed $247 a month in the 48 contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States, $429, $353, $300, and $182 a month, respectively." Pub. L. 103-66, Sec. 13912(a)(2), in seventh sentence struck out "under clause (2) of the preceding sentence" after "shelter expense deduction". Pub. L. 103-66, Sec. 13921, inserted at end: "Before determining the excess shelter expense deduction, all households shall be entitled to a deduction for child support payments made by a household member to or for an individual who is not a member of the household if such household member was legally obligated to make such payments, except that the Secretary is authorized to prescribe by regulation the methods, including calculation on a retrospective basis, that State agencies shall use to determine the amount of the deduction for child support payments." Subsec. (g)(2). Pub. L. 103-66, Sec. 13924, inserted at end: "The Secretary shall exclude from financial resources the value of a vehicle that a household depends upon to carry fuel for heating or water for home use when such transported fuel or water is the primary source of fuel or water for the household." Pub. L. 103-66, Sec. 13923, substituted "a level set by the Secretary, which shall be $4,500 through August 31, 1994, $4,550 beginning September 1, 1994, through September 30, 1995, $4,600 beginning October 1, 1995, through September 30, 1996, and $5,000 beginning October 1, 1996, as adjusted on such date and on each October 1 thereafter to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of such adjustment and rounded to the nearest $50" for "$4,500". Subsec. (g)(3). Pub. L. 103-66, Sec. 13913, inserted at end: "The Secretary shall also exclude from financial resources any earned income tax credits received by any member of the household for a period of 12 months from receipt if such member was participating in the food stamp program at the time the credits were received and participated in such program continuously during the 12-month period." Subsec. (k)(1)(B). Pub. L. 103-66, Sec. 13915, substituted "housing expenses, not including energy or utility-cost assistance," for "living expenses". Subsec. (k)(2)(F). Pub. L. 103-66, Sec. 13914, amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "housing assistance payments made to a third party on behalf of a household residing in transitional housing for the homeless in an amount equal to 50 percent of the maximum shelter allowance provided to families not residing in such transitional housing under the States' plan for aid to families with dependent children approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), if the State agency calculates a shelter allowance to be paid under the State plan separate and apart from payments for other household needs even though it may be paid in combination with other allowances in some cases;". 1992 - Subsec. (d)(16). Pub. L. 102-265 substituted "subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4))" for "section 1612(b)(4)(B)(iv) of the Social Security Act (42 U.S.C. 1382a(b)(4)(B)(iv))". Subsec. (l). Pub. L. 102-367 substituted "section 1604(b)(1)(C) or section 1644(c)(1)(A) of title 29" for "section 1604(5) of title 29". 1991 - Subsec. (a). Pub. L. 102-237, Sec. 902, substituted "based on income criteria comparable to or more restrictive than those under subsection (c)(2) of this section, and not limited to one- time emergency payments that cannot be provided for more than one consecutive month," for "appropriate for categorical treatment". Subsec. (d)(2). Pub. L. 102-237, Sec. 941(2)(A), made technical amendment to reference to subsection (f) of this section involving corresponding provision of original act. Subsec. (d)(3)(A). Pub. L. 102-237, Sec. 903(1)(A), substituted "awarded to a household member enrolled" for "to the extent that they are used for tuition and mandatory school fees (including the rental or purchase of any equipment, materials, and supplies required to pursue the course of study involved)". Subsec. (d)(3)(B). Pub. L. 102-237, Sec. 903(1)(B), inserted "used for or" after "amount" and substituted "program, or other grantor, for tuition and mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study involved)," for "or program for". Subsec. (d)(12). Pub. L. 102-40 substituted "section 5312 of title 38" for "section 3112 of title 38". Subsec. (d)(16). Pub. L. 102-237, Sec. 903(2), (3), added cl. (16). Subsec. (g)(5). Pub. L. 102-237, Sec. 904, inserted at end "A resource shall be so identified if its sale or other disposition is unlikely to produce any significant amount of funds for the support of the household. The Secretary shall not require the State agency to require verification of the value of a resource to be excluded under this paragraph unless the State agency determines that the information provided by the household is questionable." Subsec. (h)(1). Pub. L. 102-237, Sec. 941(2)(B), made technical amendment to references to sections 5170a and 5192 of title 42 to reflect change in reference to corresponding provision of original act. Subsec. (j). Pub. L. 102-237, Sec. 905, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: "Notwithstanding subsections (a) through (i) of this section, a State agency may consider the resources of a household member who receives supplemental security income benefits under title XVI of the Social Security Act, aid to the aged, blind, or disabled under title I, X, XIV, or XVI of the Social Security Act or who receives benefits under a State plan approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and whose income does not exceed the applicable income standard of eligibility described in subsection (c)(2) of this section to be exempt for purposes of satisfying the resource limitations prescribed under subsection (g) of this section if the resources are considered exempt for purposes of such title." Subsec. (k)(2)(E). Pub. L. 102-237, Sec. 941(2)(C), realigned the margin. Subsec. (k)(2)(F). Pub. L. 102-237, Sec. 906, inserted before semicolon at end ", if the State agency calculates a shelter allowance to be paid under the State plan separate and apart from payments for other household needs even though it may be paid in combination with other allowances in some cases". 1990 - Subsec. (a). Pub. L. 101-624, Sec. 1714(2), inserted after second sentence "Except for sections 2015, 2025(e)(1), and the third sentence of section 2012(i) of this title, households in which each member receives benefits under a State or local general assistance program that complies with standards established by the Secretary for ensuring that the program is appropriate for categorical treatment shall be eligible to participate in the food stamp program." Pub. L. 101-624, Sec. 1714(1), struck out "and beginning on December 23, 1985," before "households in which each member receives". Subsec. (d)(3). Pub. L. 101-624, Sec. 1715(a)(1), inserted "(A)" after "the like" and substituted "(including the rental or purchase of any equipment, materials, and supplies required to pursue the course of study involved) at a recognized institution of post- secondary education, at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof, (B) to the extent that they do not exceed the amount made available as an allowance determined by such school, institution, or program for books, supplies, transportation, and other miscellaneous personal expenses (other than living expenses), of the student incidental to attending such school, institution, or program, and (C)" for "at an institution of post-secondary education or school for the handicapped, and". Subsec. (d)(5). Pub. L. 101-624, Sec. 1716, inserted "and any allowance a State agency provides no more frequently than annually to families with children on the occasion of those children's entering or returning to school or child care for the purpose of obtaining school clothes (except that no such allowance shall be excluded if the State agency reduces monthly assistance to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in the month for which the allowance is provided)" after "household". Pub. L. 101-624, Sec. 1715(a)(2), inserted "and" after "1988),", struck out "non-Federal" after "no portion of any", and struck out "and no portion of any Federal educational loan on which payment is deferred, grant, scholarship, fellowship, veterans' benefits, and the like to the extent it provides income assistance beyond that used for tuition and mandatory school fees," before "shall be considered such reimbursement". Subsec. (e). Pub. L. 101-624, Sec. 1717, inserted before period at end of last sentence ", shall rely on reasonable estimates of the member's expected medical expenses for the certification period (including changes that can be reasonably anticipated based on available information about the member's medical condition, public or private medical insurance coverage, and the current verified medical expenses incurred by the member), and shall not require further reporting or verification of a change in medical expenses if such a change has been anticipated for the certification period". Pub. L. 101-624, Sec. 1715(b), inserted ", amounts made available and excluded for the expenses under subsection (d)(3) of this section," after "third party" in fourth sentence. Subsec. (f)(2). Pub. L. 101-624, Sec. 1718(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "(A) Households not required to submit monthly reports of their income and household circumstances under section 2015(c)(1) of this title shall have their income calculated on a prospective basis, as provided in paragraph (3)(A). "(B) Households required to submit monthly reports of their income and household circumstances under section 2015(c)(1) of this title shall have their income calculated on a retrospective basis, as provided in paragraph (3)(B), except that in the case of the first month, or at the option of the State the first and second months, in a continuous period in which a household is certified, the State agency shall determine the amount of benefits on the basis of the household's income and other relevant circumstances in such first or second month." Subsec. (g). Pub. L. 101-624, Sec. 1726(b)(2), inserted before period at end of par. (3) "and nonliquid resources necessary to allow the household to carry out a plan for self-sufficiency approved by the State agency that constitutes adequate participation in an employment and training program under section 2015(d) of this title". Pub. L. 101-624, Sec. 1719(1), designated first through fourth sentences as pars. (1) to (4), respectively, and added par. (5). Subsec. (h)(3). Pub. L. 101-624, Sec. 1720, added par. (3). Subsec. (j). Pub. L. 101-624, Sec. 1719(2), substituted "the resources of a household member who receives supplemental security income benefits under title XVI of the Social Security Act, aid to the aged, blind, or disabled under title I, X, XIV, or XVI of the Social Security Act or who receives" for "a household in which all members of the household receive" and "be exempt for purposes of satisfying the resource limitations prescribed under subsection (g) of this section if the resources are considered exempt for purposes of such title" for "have satisfied the resource limitations prescribed under subsection (g) of this section". Subsec. (k)(2)(F). Pub. L. 101-624, Sec. 1721, added subpar. (F) and struck out former subpar. (F) which read as follows: "housing assistance payments made to a third party on behalf of a household residing in temporary housing if the temporary housing unit provided for the household as a result of such assistance payments lacks facilities for the preparation and cooking of hot meals or the refrigerated storage of food for home consumption; or". Subsec. (k)(2)(H). Pub. L. 101-624, Sec. 1722, added subpar. (H). 1988 - Subsec. (a). Pub. L. 100-435, Sec. 201, struck out "during the period" before "beginning on December 23, 1985" and "and ending on September 30, 1989" after "beginning on December 23, 1985,". Subsec. (d)(1). Pub. L. 100-435, Sec. 340(2), inserted "(notwithstanding its conversion in whole or in part to direct payments to households pursuant to any demonstration project carried out or authorized under Federal law including demonstration projects created by the waiver of provisions of Federal law)" after "to a household". Pub. L. 100-435, Sec. 340(1), which directed that "and except as provided in subsection (k)," be struck out was executed by striking out "except as provided in subsection (k)," as the probable intent of Congress. Subsec. (d)(5). Pub. L. 100-435, Sec. 404(f), inserted "(except for payments or reimbursements for such expenses made under an employment, education, or training program initiated under such title after September 19, 1988)" after "child care expenses". Subsec. (d)(8). Pub. L. 100-232 inserted "cash donations based on need that are received from one or more private nonprofit charitable organizations, but not in excess of $300 in the aggregate in a quarter," after "or credits,". Subsec. (d)(11). Pub. L. 100-435, Sec. 343, substituted "allowances made for the purpose of providing energy assistance (A) under any Federal law, or (B) under any State or local laws, designated" for "allowances made under (A) any Federal law for the purpose of providing energy assistance, or (B) any State or local laws for the purpose of providing energy assistance, designated". Subsec. (d)(14). Pub. L. 100-435, Sec. 402, added cl. (14). Subsec. (d)(15). Pub. L. 100-435, Sec. 403(a), added cl. (15). Subsec. (e). Pub. L. 100-435, Sec. 403(b), in fourth sentence inserted "and expenses that are paid under section 2015(d)(4)(I) of this title for dependent care" after "third party" and substituted "$160 a month for each dependent" for "$160 a month". Pub. L. 100-435, Sec. 351, inserted provisions at end respecting method of claiming recurring medical expense deduction. Subsec. (f)(1)(A). Pub. L. 100-435, Sec. 341, inserted provisions relating to permitted averaging of income and expenses in calculation of household income from member self-employed in farming operation and substituted "first" for "preceding". Subsec. (f)(2). Pub. L. 100-435, Sec. 202(a), added par. (2) and struck out former par. (2) which read as follows: "(A) Household income for - "(i) migrant farmworker households, and "(ii) households - "(I) that have no earned income, and "(II) in which all adult members are elderly or disabled members, shall be calculated on a prospective basis, as provided in paragraph (3)(A). "(B) Household income for households that are permitted to report household circumstances at specified intervals less frequent than monthly under the first sentence of section 2015(c)(1) of this title, may, with the approval of the Secretary, be calculated by a State agency on a prospective basis, as provided in paragraph (3)(A) of this subsection. "(C) Except as provided in subparagraphs (A) and (B), household income for households that have earned income and for households that include any member who has recent work history shall be calculated on a retrospective basis as provided in paragraph (3)(B). "(D) Household income for all other households may be calculated, at the option of the State agency, on a prospective basis as provided in paragraph (3)(A) or on a retrospective basis as provided in paragraph (3)(B)." Subsec. (g). Pub. L. 100-435, Sec. 342, inserted provisions at end relating to exclusion of farm property from financial resources. Subsec. (h). Pub. L. 100-707 substituted "sections 5170a and 5192" for "section 5142(a)". Subsec. (k)(2)(E) to (G). Pub. L. 100-387 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. 1987 - Subsec. (c). Pub. L. 100-77, Sec. 803(a), inserted "shall be adjusted each October 1 and" after first reference to "eligibility". Subsec. (e). Pub. L. 100-77, Sec. 804(a), in second sentence substituted "(3)" for "and (3)" and "October 1, 1986" for "each October 1 thereafter", and inserted cl. (4). Pub. L. 100-77, Sec. 805(a), inserted at end of third sentence ", except that such additional deduction shall not be allowed with respect to earned income that a household willfully or fraudulently fails (as proven in a proceeding provided for in section 2015(b) of this title) to report in a timely manner". Pub. L. 100-77, Sec. 806(a), amended proviso in fourth sentence generally. Prior to amendment, the proviso read as follows: "That the amount of such excess shelter expense deduction shall not exceed $147 a month in the forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States, $256, $210, $179, and $109 a month, respectively, adjusted on October 1, 1986, and on each October 1 thereafter, to the nearest lower dollar increment to reflect changes in the shelter (exclusive of homeowners' costs and maintenance and repair component of shelter costs), fuel, and utilities components of housing costs in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the twelve months ending the preceding June 30." Subsec. (k)(2). Pub. L. 100-77, Sec. 807, temporarily added subpar. (E) and redesignated former subpar. (E) as (F). See Effective and Termination Dates of 1987 Amendment note below. 1986 - Subsec. (e)(B). Pub. L. 99-500 and Pub. L. 99-591 substituted "contained in clause (1)" for "for the excess shelter expense deduction contained in clause (2)". 1985 - Subsec. (a). Pub. L. 99-198, Sec. 1507(a)(1), inserted sentence providing that, notwithstanding any other provisions of this chapter except sections 2015(b), 2015(d)(2), and 2015(g) and the third sentence of section 2012(i) of this title, and during the period beginning on December 23, 1985, and ending on September 30, 1989, households in which each member receives benefits under a State plan approved under part A of title IV of the Social Security Act, supplemental security income benefits under title XVI of the Social Security Act, or aid to the aged, blind, or disabled under title I, X, XIV, or XVI of the Social Security Act, shall be eligible to participate in the food stamp program. Subsec. (d)(1). Pub. L. 99-198, Sec. 1508(1), inserted "except as provided in subsection (k) of this section," after "payable directly to a household,". Such amendment was duplicated exactly by section 1509(a)(1) of Pub. L. 99-198 except that the amendment by section 1509(a)(1) inserted an "and" at beginning of phrase inserted. Pub. L. 99-198, Sec. 1509(a)(1), which directed that "and except as provided in subsection (k) of this section," be inserted after "payable directly to a household,", was not executed to text because it exactly duplicates the amendment made by section 1508(1) of Pub. L. 99-198 except that the amendment by section 1508(1) of Pub. L. 99-198 does not contain the "and" at beginning of phrase inserted. Subsec. (d)(3). Pub. L. 99-198, Sec. 1509(a)(2), substituted "post-secondary education" for "higher education" and inserted "and to the extent loans include any obligation fees and insurance premiums,". Subsec. (d)(5). Pub. L. 99-198, Sec. 1509(a)(3), inserted "no portion of any non-Federal educational loan on which payment is deferred, grant, scholarship, fellowship, veterans' benefits, and the like that are provided for living expenses, and no portion of any Federal educational loan on which payment is deferred, grant, scholarship, fellowship, veterans' benefits, and the like to the extent it provides income assistance beyond that used for tuition and mandatory school fees," after "child care expenses,". Subsec. (d)(9). Pub. L. 99-198, Sec. 1509(a)(4), inserted ", but household income that otherwise is included under this subsection shall be reduced by the extent that the cost of producing self- employment income exceeds the income derived from self-employment as a farmer". Subsec. (d)(10). Pub. L. 99-198, Sec. 1509(a)(5), inserted "except as otherwise provided in subsection (k) of this section". Subsec. (d)(13). Pub. L. 99-198, Sec. 1510(1), added cl. (13). Subsec. (e). Pub. L. 99-198, Sec. 1511(1), substituted "homeowners' costs and maintenance and repair component" for "homeownership component" in second sentence. Pub. L. 99-198, Sec. 1511(2), substituted "20 per centum" for "18 per centum" in third sentence. Pub. L. 99-198, Sec. 1511(3)(B), in cl. (1) of the fourth sentence substituted "$160 a month" for "the same as that for the excess shelter expense deduction contained in clause (2) of this subsection". Pub. L. 99-198, Sec. 1511(3)(C), substituted "and (2)" for ", or (2)" in fourth sentence. Pub. L. 99-198, Sec. 1511(3)(A), amended proviso in cl. (2) generally. Prior to amendment, proviso read as follows: "That the amount of such excess shelter expense deduction shall not exceed $115 a month in the forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States, $200, $165, $140, and $85, respectively, adjusted (i) on October 1, 1983, to the nearest lower dollar increment to reflect changes in the shelter (exclusive of homeownership costs), fuel, and utilities components of housing costs in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the fifteen months ending the preceding March 31, (ii) on October 1, 1984, to the nearest lower dollar increment to reflect such changes for the fifteen months ending the preceding June 30, and (iii) on October 1, 1985, and each October 1 thereafter, to the nearest lower dollar increment to reflect such changes for the twelve months ending the preceding June 30,". Pub. L. 99-198, Sec. 1511(3)(D), in fourth sentence struck out ", or (3) a deduction combining the dependent care and excess shelter expense deductions under clauses (1) and (2) of this subsection, the maximum allowable level of which shall not exceed the maximum allowable deduction under clause (2) of this subsection, on January 1, 1981, adjusted to the nearest $5 increment to reflect such changes for the eighteen-month period ending the preceding September 30, and, on January 1, 1982, adjusted to the nearest $5 to reflect such changes for the twelve months ending the preceding September 30 and the subsequent three months ending December 31 as projected by the Secretary in light of the best available data, and, on every January 1 thereafter, adjusted annually to the nearest $5 increment to reflect such changes for the nine months ending the preceding September 30 and the subsequent three months ending December 31 projected by the Secretary in light of the best available data". Pub. L. 99-198, Sec. 1511(4), inserted five new sentences after the existing seventh sentence beginning, respectively, "If a State agency", "A State agency may use", "A State agency not electing", "For purposes of", and "A State agency shall allow", thereby repositioning existing sentence beginning "Households containing an elderly or disabled member" to a new position as 13th sentence of subsec. (e). Subsec. (f)(1)(A). Pub. L. 99-198, Sec. 1512, inserted sentence at end providing that notwithstanding preceding sentence, if the averaged amount does not accurately reflect the household's actual monthly circumstances because the household has experienced a substantial increase or decrease in business earnings, the State agency shall calculate the self-employment income based on anticipated earnings. Subsec. (f)(2)(A). Pub. L. 99-198, Sec. 1513(a)(1), amended subpar. (A) generally, inserting reference to households that have no earned income and in which all adult members are elderly or disabled members. Subsec. (f)(2)(B). Pub. L. 99-198, Sec. 1513(a)(2), substituted "households that are permitted to report household circumstances at specified intervals less frequent than monthly under the first sentence of section 2015(c)(1) of this title, may, with the approval" for "households that (i) are permitted to report household circumstances at specified intervals less frequent than monthly under section 2015(c)(1) of this title, (ii) have no earned income and in which all adult members are elderly or disabled members, or (iii) are any other households, other than a migrant household, not required to report monthly or at less frequent intervals under section 2015(c)(1) of this title, may, with the approval". Subsec. (f)(2)(C). Pub. L. 99-198, Sec. 1513(a)(3), substituted "Except as provided in subparagraphs (A) and (B), household income for households that have earned income and for households that include any member who has recent work history shall be calculated on a retrospective basis as provided in paragraph (3)(B)" for "Household income for all other households shall be calculated on a retrospective basis as provided in paragraph (3)(B)". Subsec. (f)(2)(D). Pub. L. 99-198, Sec. 1513(a)(3), added subpar. (D). Subsec. (g). Pub. L. 99-198, Sec. 1514(1), substituted "$2,000, or, in the case of a household which consists of or includes a member who is 60 years of age or older, if its resources exceed $3,000" for "$1,500, or, in the case of a household consisting of two or more persons, one of whom is age 60 or over, if its resources exceed $3,000". Pub. L. 99-198, Sec. 1514(2), (3), inserted in second sentence "and inaccessible resources" after "relating to licensed vehicles" and "and any other property, real or personal, to the extent that it is directly related to the maintenance or use of such vehicle" after "physically disabled household member", and inserted provision directing the Secretary to exclude from financial resources the value of a burial plot for each member of a household. Subsec. (h)(2). Pub. L. 99-198, Sec. 1515, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster program, which shall be available to go into a disaster area and provide direct assistance to State and local officials." Subsec. (k)(1), (2). Pub. L. 99-198, Sec. 1508(2), added subsec. (k) consisting of pars. (1) and (2). Subsec. (k)(3). Pub. L. 99-198, Sec. 1509(b), added par. (3). Subsec. (l). Pub. L. 99-198, Sec. 1509(c), added subsec. (l). Subsec. (m). Pub. L. 99-198, Sec. 1510(2), added subsec. (m). 1983 - Subsec. (f)(2). Pub. L. 98-204 added subpar. (B), and redesignated former subpar. (B) as (C). 1982 - Subsec. (c). Pub. L. 97-253, Secs. 145(c), 146(a), substituted provisions that the income standards of eligibility shall render a household ineligible for food stamps if the household's income, after certain exclusions and deductions, exceeds the poverty line, or, in the case of a household not including an elderly or disabled member (after the exclusions provided for in subsec. (d) but before the deductions provided for in subsec. (e)) exceeds such poverty line by more than 30 per centum, for former provisions that the income standards of eligibility were, for households containing a member who was sixty years of age or over or a member who received supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act, 100 per centum, and for all other households, 130 per centum, of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 2971d of title 42, for the forty-eight States and the District of Columbia, Alaska, Hawaii, the Virgin Islands of the United States, and Guam, respectively. Subsec. (d)(12). Pub. L. 97-253, Sec. 147, added cl. (12). Subsec. (e). Pub. L. 97-253, Secs. 143(b), 145(d), 146(b), 148, 149, in first sentence substituted reference for households containing an elderly or disabled member for reference to households described in subsec. (c)(1) of this section, substituted reference to October 1, 1983, for reference to July 1, 1983, and reference to the nearest lower dollar increment for reference to the nearest $5 increment, respectively, wherever appearing in second sentence and in the proviso of cl. (2) of fourth sentence, respectively, in fourth and seventh sentences and in par. (A) substituted reference to elderly or disabled members for references to members who were sixty years of age or over or who received supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act, in par. (B) substituted reference to the fourth sentence of this subsection for former reference to the preceding sentence of this subsection, and inserted provisions that in computing the excess shelter expense deduction under cl. (2) of the preceding sentence, a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary, except that a State agency may use an allowance which does not fluctuate within a year to reflect seasonal variations, and that an allowance for a heating or cooling expense may not be used for a household that does not incur a heating or cooling expense, as the case may be, or does incur a heating or cooling expense but is located in a public housing unit which has central utility meters and charges households, with regard to such expense, only for excess utility costs, and that no such allowance may be used for a household that shares such expense with, and lives with, another individual not participating in the food stamp program, another household participating in the food stamp program, or both, unless the allowance is prorated between the household and the other individual, household, or both. Subsec. (f)(2)(A). Pub. L. 97-253, Sec. 189(a), corrected a typographical error by substituting "prospective" for "propsective". Subsec. (f)(4). Pub. L. 97-253, Sec. 150, inserted "(except the provisions of paragraph (2)(A))" after "of this subsection". Subsec. (g). Pub. L. 97-253, Secs. 151, 152(a), substituted "June 1, 1982" for "June 1, 1977", substituted "any licensed vehicle" for "and any licensed vehicle", struck out the designation "(1)" before "include in financial resources", substituted "$4,500, and, regardless of whether there is a penalty for early withdrawal, any savings or retirement accounts (including individual accounts)." for "$4,500," and struck out provision requiring the Secretary to study and develop means of improving the effectiveness of the resource requirements adopted under this subsection in limiting participation to households in need of food assistance, and implement and report the results of such study and the Secretary's plans to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate no later than June 1, 1978. Subsec. (j). Pub. L. 97-253, Sec. 153, added subsec. (j). 1981 - Subsec. (b). Pub. L. 97-35, Sec. 116(a)(1), struck out reference to Puerto Rico. Subsec. (c). Pub. L. 97-35, Secs. 104(a)(1), 116(a)(1), added cls. (1) and (2) and struck out reference to Puerto Rico. Subsec. (d). Pub. L. 97-98, Secs. 1305, 1306, inserted in cl. (5) a proviso that no portion of benefits provided under title IV-A of the Social Security Act, to the extent it is attributable to an adjustment for work-related or child care expenses, be considered such reimbursement, substituted in cl. (10) "any other Federal law" for "any other law", and inserted in cl. (11) provision requiring that State and local laws be designated as energy assistance and determined by the Secretary to be calculated as if provided on a seasonal basis for an aggregate period not to exceed six months in any year even if not so provided on such basis. Pub. L. 97-35, Secs. 107(c), 2611, struck out "(2)" after "(f)" in cl. (2), struck out cl. (10) relating to increased home energy costs during fiscal year 1981, and redesignated cl. (11), relating to income specifically excluded from consideration by any other law, as cl. (10). Subsec. (e). Pub. L. 97-98, Sec. 1307, inserted ", with respect to expenses other than expenses paid on behalf of the household by a third party," after "entitled" in two places. Pub. L. 97-35, Secs. 104(a)(2), 105, 106, 115, 116(a)(1), completely revised and reorganized provisions to provide for computation of standard deduction of $85 per month instead of standard deduction of $60 per month and accompanying determinations respecting adjustments, applicability, etc., for computation. Subsec. (f). Pub. L. 97-35, Sec. 107(a), completely revised and reorganized provisions to provide for calculation of household income through a prospective or retrospective basis instead of calculation of household income by the State agency, and accompanying determination respecting criteria, methodologies, etc., for calculation. Subsec. (f)(2)(B). Pub. L. 97-35, Sec. 107(b), substituted provisions requiring calculation on a retrospective basis, for provisions requiring calculation on either a retrospective or prospective basis as elected by the State agency. Subsec. (g). Pub. L. 97-98, Sec. 1309, inserted "(other than those relating to licensed vehicles)" after "June 1, 1977". Subsec. (i). Pub. L. 97-98, Sec. 1308, added subsec. (i). 1980 - Subsec. (c). Pub. L. 96-249, Sec. 137, struck out provisions requiring that the income poverty guidelines for the period commencing July 1, 1978, be made as up to date as possible by multiplying the income poverty guidelines for 1977 by the change between the average 1977 Consumer Price Index and the Consumer Price Index for March 1978, utilizing the most current procedures which have been used by the Office of Management and Budget, and that the income poverty guidelines for future periods be similarly adjusted. Subsec. (d). Pub. L. 96-249, Secs. 102, 112, inserted in cl. (2) "subject to modification by the Secretary in light of subsection (f)(2) of this section," after "quarter," and added cl. (11), relating to energy assistance payments or allowances. Pub. L. 96-223 added cl. (10) and redesignated former cl. (10), relating to income specifically excluded from consideration by any other law, as cl. (11). Subsec. (e). Pub. L. 96-249, Secs. 103, 136, substituted provisions requiring that the standard deduction be adjusted every Jan. 1 to the nearest $5 to reflect changes in the Consumer Price Index for all urban consumers for items other than food for the last 12 months ending the preceding Sept. 30 for provisions requiring that the standard deduction be adjusted every July 1 and Jan. 1 and provisions requiring that the excess shelter expense deduction be adjusted every Jan. 1 to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index for all urban consumers for provisions requiring that the excess shelter expense deduction be adjusted annually as of July 1. Pub. L. 96-249, Secs. 104, 105, increased monthly maximum deduction per household for dependent care expenses related to employment, or employment related training or education from $75 to $90, decreased the threshold amount of the excess medical expense for the elderly, blind, and disabled from $35 to $25, and extended availability of the excess medical expense deduction to blind and disabled persons and their spouses in Puerto Rico, Guam, and the Virgin Islands, when they receive cash welfare payments through programs equivalent to the Social Security Income program. See Repeals note below. Subsec. (f). Pub. L. 96-249, Sec. 107, inserted provisions giving States the option of determining program eligibility and benefits by using income received in a previous month, following standards prescribed by the Secretary. Subsec. (g). Pub. L. 96-249, Secs. 108, 138, substituted "$1,500" for "$1,750", inserted "or that is necessary for transportation of a physically disabled household member" after "used to produce earned income", and struck out "or to transport disabled household members" after "or continue employment". 1979 - Subsec. (e). Pub. L. 96-58 inserted provisions allowing for an excess medical expense deduction, a dependent care deduction, and an excess shelter expense deduction for elderly persons and persons receiving supplemental security income benefits or disability payments under the Social Security Act. 1977 - Subsec. (a). Pub. L. 95-113 substituted reference to a more nutritious diet for reference to a nutritionally adequate diet, inserted provision that assistance under the program be furnished to all eligible households making application for participation, inserted reference to other financial resources held singly or in joint ownership, and struck out provisions excepting the limitation of the section in the case of disaster victims. Subsec. (b). Pub. L. 95-113 inserted parenthetical reference to income standards for Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States established pursuant to subsecs. (c) and (e) of this section, inserted provision that no State agency may impose standards for participation in the program additional to those meeting the eligibility standards established by the Secretary, and struck out provisions that had dealt with specific areas of income and financial resources for eligible households. See subsecs. (d) to (h). Subsec. (c). Pub. L. 95-113 substituted provisions covering guidelines with regard to income standards for provisions covering employment of able-bodied adults in eligible households. Subsec. (d). Pub. L. 95-113 substituted provisions specifying the specific items making up household income for provisions that required that the Secretary establish uniform national standards. Subsecs. (e) to (h). Pub. L. 95-113 added subsecs. (e) to (h). 1973 - Subsec. (b). Pub. L. 93-86, Sec. 3(g), (h), inserted provisos relating to payments in kind received from an employer by members of a household as bearing upon the promulgation of uniform national standards, provision limiting the authority of the Secretary to establish temporary emergency standards of eligibility to the duration of the emergency, and the provision authorizing such standards for households that are victims of a mechanical disaster disrupting the distribution of coupons. Subsec. (c). Pub. L. 93-86, Sec. 3(e), inserted definition of "able-bodied adult person". Subsec. (d). Pub. L. 93-86, Sec. 3(d), added subsec. (d). 1971 - Subsec. (a). Pub. L. 91-671 inserted introductory phrase "Except for the temporary participation of households that are victims of a disaster as provided in subsection (b) of this section" and provision respecting other financial resources as being a limitation factor and substituted "in permitting them to purchase" for "in the attainment of". Subsec. (b). Pub. L. 91-671 substituted provisions for establishment of uniform national standards of eligibility for participation by households in the food stamp program and minimum criteria of eligibility, ineligibility of any household which includes a member claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household, temporary emergency standards of eligibility, and special standards of eligibility and coupon allotment schedules in Puerto Rico and the Virgin Islands, not exceeding standards of eligibility or coupon allotment schedules of the States for prior establishment of standards of eligibility by the State agency, including maximum income limitations and limitation on resources to be allowed eligible households, and approval of such standards by the Secretary. Subsec. (c). Pub. L. 91-671 added subsec. (c). 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)(2), 4101-4104, and 4115(b)(3) 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. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-171, title IV, Sec. 4108(b), May 13, 2002, 116 Stat. 309, provided that: "The amendments made by this section [amending this section] take effect on the date of enactment of this Act [May 13, 2002]." Pub. L. 107-171, title IV, Sec. 4401(b)(3), May 13, 2002, 116 Stat. 333, provided that: "The amendments made by this subsection [amending this section and sections 1612, 1613, and 1631 of Title 8, Aliens and Nationality] take effect on October 1, 2003." Amendment by sections 4101-4107 and 4112(b)(2) 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 2000 AMENDMENT Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 846(b)], Oct. 28, 2000, 114 Stat. 1549, 1549A-66, provided that: "(1) Except as provided in paragraph (2), the amendment made by this section [amending this section] shall take effect on March 1, 2001. "(2) The amendment made by this section shall not apply with respect to certification periods beginning before March 1, 2001." Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 847(b)], Oct. 28, 2000, 114 Stat. 1549, 1549A-66, provided that: "(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on July 1, 2001. "(2) The amendments made by this section shall not apply with respect to certification periods beginning before July 1, 2001." EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, Sec. 405(d)(2)(A)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, Sec. 405(f)(2)(A)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 109(a) of Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 13923 of 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. Amendment by section 13912(a), (b)(1) of Pub. L. 103-66 effective, and to be implemented beginning on, July 1, 1994, see section 13971(b)(3) of Pub. L. 103-66, set out as a note under section 2025 of this title. Amendment by sections 13911, 13913 to 13915, 13922(a), and 13924 of Pub. L. 103-66 effective, and to be implemented beginning on, Sept. 1, 1994, see section 13971(b)(4) of Pub. L. 103-66, set out as a note under section 2025 of this title. Amendment by section 13921 of Pub. L. 103-66 effective, and to be implemented beginning on, Sept. 1, 1994, except that State agencies to implement such amendment not later than Oct. 1, 1995, see section 13971(b)(5) of Pub. L. 103-66, set out as a note under section 2025 of this title. Amendment by section 13912(b)(2) of Pub. L. 103-66, effective, and to be implemented beginning on, Jan. 1, 1997, see section 13971(b)(6) of Pub. L. 103-66, set out as a note under section 2025 of this title. EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by Pub. L. 102-367 effective July 1, 1993, see section 701(a) of Pub. L. 102-367, formerly set out as a note under section 1501 of Title 29, Labor. Pub. L. 102-265, Sec. 1(b), Mar. 26, 1992, 106 Stat. 90, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (D), (2)(OO), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (D), (2)(OO), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: "(1) In general. - The amendment made by subsection (a) [amending this section] shall take effect on the earlier of - "(A) December 13, 1991; "(B) October 1, 1990, for supplemental nutrition assistance program benefits households for which the State agency knew, or had notice, that a member of the household had a plan for achieving self-support as provided under section 1612(b)(4)(A)(iii) of the Social Security Act (42 U.S.C. 1382a(b)(4)(A)(iii)); or "(C) beginning on the date that a fair hearing was requested under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) contesting the denial of an exclusion for supplemental nutrition assistance program benefits purposes for amounts necessary for the fulfillment of such a plan for achieving self-support. "(2) Limitation on application of section. - Notwithstanding section 11(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(b)), no State agency shall be required to search its files for cases to which the amendment made by subsection (a) applies, except where the excludability of amounts described in section 5(d)(16) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)(16)) was raised with the State agency prior to December 13, 1991." EFFECTIVE DATE OF 1991 AMENDMENT Amendment by sections 902, 903(1), (2), 904-906, and 941(2) of Pub. L. 102-237 effective and to be implemented no later than Feb. 1, 1992, and amendment by section 903(3) of Pub. L. 102-237 effective on the earlier of Dec. 13, 1991, Oct. 1, 1990, for certain supplemental nutrition assistance program benefits households, or beginning on date of request for hearing where exclusion of certain amounts for supplemental nutrition assistance program benefits purposes was denied, with limitation on application of amendment, see section 1101(d)(1), (2) of Pub. L. 102-237, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by sections 1714(1), 1715, 1717, 1719, 1720, and 1726(b)(2) 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 1714(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 Oct. 1, 1991, in case of State general assistance program, and Apr. 1, 1992, in case of local general assistance program, amendment by sections 1716 and 1722 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, amendment by section 1718(a) of Pub. L. 101-624 effective Nov. 28, 1990, and amendment by section 1721 of Pub. L. 101-624 effective Oct. 1, 1990, see section 1781 of Pub. L. 101-624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by sections 201, 202(a), 403, and 404(f) of Pub. L. 100- 435 to be effective and implemented on Oct. 1, 1988, amendment by sections 340 to 342 and 351 of Pub. L. 100-435 to be effective and implemented on July 1, 1989, amendment by section 343 of Pub. L. 100-435 to be effective and implemented on Sept. 19, 1988, and amendment by section 402 of Pub. L. 100-435 to be effective and implemented on Jan. 1, 1989, except that amendment by sections 201, 341, 342, 351, 402, 403, and 404(f) 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(a), (b)(1), (2), (4), (c)(2) of Pub. L. 100-435, set out as a note under section 2012 of this title. Pub. L. 100-387, title V, Sec. 501(b), Aug. 11, 1988, 102 Stat. 960, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (2)(JJ), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (2)(JJ), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: "(1) The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Aug. 11, 1988]. "(2) The amendments made by this section shall not apply with respect to allotments issued under the Food and Nutrition Act of 2008 [this chapter] to any household for any month beginning before the effective period of this section begins." Pub. L. 100-232, Sec. 2(b), Jan. 5, 1988, 101 Stat. 1566, provided that: "(1) Effective Date. - Except as provided in paragraph (2), the amendment made by this section [amending this section] shall become effective upon the date of enactment of this Act [Jan. 5, 1988]. "(2) Application of Amendment. - The amendment made by this section shall not apply with respect to allotments issued under the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq.] to any household for any month beginning before the date of enactment of this Act." EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENT Pub. L. 100-77, title VIII, Sec. 803(b), July 22, 1987, 101 Stat. 534, provided that: "The amendment made by this section [amending this section] shall become effective on July 1, 1988." Pub. L. 100-77, title VIII, Sec. 804(b), July 22, 1987, 101 Stat. 534, provided that: "The amendments made by this section [amending this section] shall become effective on October 1, 1987." Pub. L. 100-77, title VIII, Sec. 805(b), July 22, 1987, 101 Stat. 535, provided that: "(1) The amendment made by this section [amending this section] shall become effective and shall be implemented 45 days after the date of enactment of this Act [July 22, 1987]. "(2) The amendment made by this section shall not apply with respect to allotments issued under the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq.] to any household for any month beginning before the effective date of the amendment." Pub. L. 100-77, title VIII, Sec. 806(b), July 22, 1987, 101 Stat. 535, provided that: "(1) The amendment made by this section [amending this section] shall become effective on October 1, 1987. "(2) The amendment made by this section shall not apply with respect to an allotment issued under the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq.] to a household for a certification period beginning before October 1, 1987." Pub. L. 100-77, title VIII, Sec. 807(b), July 22, 1987, 101 Stat. 535, as amended by Pub. L. 101-220, Sec. 10, Dec. 12, 1989, 103 Stat. 1882; Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (2)(E), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (2)(E), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "(1) The amendments made by this section [amending this section] shall be effective and shall be implemented for the period beginning 90 days after the date of enactment of this Act [July 22, 1987] and ending September 30, 1990. "(2) The Secretary shall adjust the level of benefits provided to households under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) during the period between September 30, 1989 and the effective date of this paragraph [Dec. 12, 1989] to ensure that the level of such benefits is no less than the level determined in accordance with the provisions of section 5(k)(2)(F) of the Food and Nutrition Act of 2008 [7 U.S.C. 2014(k)(2)(F)]. "(3) The amendments made by this section shall not apply with respect to allotments issued under the Food and Nutrition Act of 2008 [this chapter] to any household for any month beginning before the effective period of this section begins." EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 638(b)], Oct. 18, 1986, 100 Stat. 1783, 1783-35, and Pub. L. 99-591, Sec. 101(a) [title VI, Sec. 638(b)], Oct. 30, 1986, 100 Stat. 3341, 3341-35, provided that: "(1) Except as provided in paragraphs (2) and (3), the amendment made by subsection (a) [amending this section] shall become effective 30 days after the date of enactment of this Act [Oct. 18, 1986]. "(2) Except as provided in paragraph (3), the amendment made by subsection (a) shall not apply to an allotment issued to any eligible household under the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] (7 U.S.C. 2011 et seq.) for any month beginning before the effective date of this subsection. "(3) If a State elected before the date of enactment of this Act to compute household income in accordance with section 5(e) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] (7 U.S.C. 2014(e)) (as amended by subsection (a)), the amendment made by subsection (a) shall become effective on May 1, 1986." EFFECTIVE DATE OF 1985 AMENDMENT Sections 1511(2), (3) and 1514(1) of Pub. L. 99-198 provided that the amendments made by those sections are effective May 1, 1986. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97-35, except section 107(b) of Pub. L. 97- 35 (which amended this section), 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. Section 116(a) of Pub. L. 97-35 provided that the amendment made by that section is effective July 1, 1982. Amendment by sections 104(a), 105, 106, 107(a), (c), and 115 of 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. Section 107(b) of Pub. L. 97-35 provided that the amendment made by that section is effective Oct. 1, 1983. Section 2611 of Pub. L. 97-35 provided that the amendment made by that section is effective Oct. 1, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Sections 104 to 106 of Pub. L. 96-249 provided that the amendments made by those sections are effective Oct. 1, 1981. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-58 to be implemented in all States by Jan. 1, 1980, but not to affect the rights or liabilities of Secretary, States, and applicant or participant households under provisions of this chapter as in effect on July 1, 1979, until implemented, see section 10(a) of Pub. L. 96-58, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendments made by that section are effective Oct. 1, 1977. INAPPLICABILITY OF SUBSECTION (J) BETWEEN DECEMBER 23, 1985, AND SEPTEMBER 30, 1989 Pub. L. 99-198, title XV, Sec. 1507(a), Dec. 23, 1985, 99 Stat. 1568, provided that during the period beginning on Dec. 23, 1985, and ending on Sept. 30, 1989, subsec. (j) of this section would not apply. REPEALS Sections 104 and 105 of Pub. L. 96-249, cited as a credit to this section, were repealed by Pub. L. 97-35, title I, Sec. 115, Aug. 13, 1981, 95 Stat. 364. Section 313(c)(2) of Pub. L. 96-223, cited as a credit to this section, was repealed by Pub. L. 97-35, title XXVI, Sec. 2611, Aug. 13, 1981, 95 Stat. 902, effective Oct. 1, 1981. CALCULATION OF HOUSEHOLD INCOME Pub. L. 101-624, title XVII, Sec. 1718(b), Nov. 28, 1990, 104 Stat. 3785, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (2)(KK), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (2)(KK), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: "(1) In general. - Notwithstanding any other provision of law, during the period beginning October 1, 1988, and ending on the first day of the first month beginning at least 120 days after the date of enactment of this Act [Nov. 28, 1990], a State agency may elect to implement the amendment to section 5(f)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(f)(2)) made by section 202(a) of the Hunger Prevention Act of 1988 (Public Law 100-435; 102 Stat. 1656) (with respect to the requirement that income be calculated on a prospective basis in the case of households that are not required to report monthly on their income and household circumstances). "(2) Payment error rates. - Notwithstanding section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)), during the period referred to in paragraph (1), errors resulting solely from implementation by a State agency of the amendment referred to in paragraph (1) shall not be included in payment error rates determined under section 16(c) of such Act." STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON IMPLEMENTATION OF AMENDMENT TO SUBSECTION (A) BY PUB. L. 99-198 Pub. L. 99-198, title XV, Sec. 1507(c), Dec. 23, 1985, 99 Stat. 1568, directed the Secretary of Agriculture to evaluate the implementation of the amendment made to subsec. (a) of this section by Pub. L. 99-198, Sec. 1507(a), and submit a report summarizing the results of such evaluation to Committees of Congress not later than 2 years after Dec. 23, 1985. STUDY AND REPORT RESPECTING RESTRICTING BENEFITS OF FOOD STAMP PROGRAM BASED ON VALUE OF ASSETS OF PARTICIPANTS Pub. L. 96-243, May 16, 1980, 94 Stat. 345, directed the Department of Agriculture to study the effects of regulations which would limit benefits to participants in the food stamp program based upon value of the participants' assets, to recommend an appropriate level of asset value which would deny or reduce benefits to a participant and analyze the impacts of such a restriction, to consider appropriate exemptions to this restriction, to analyze the administrative burden which this will impose upon the States, and to report to Congress its findings in this matter not later than Jan. 15, 1981. STUDY AND REPORT OF IMPACT AND ADVISABILITY OF COUNTING FOR INCOME ELIGIBILITY IN FOOD STAMP PROGRAM EDUCATIONAL LOANS, ETC. RECEIVED BY INDIVIDUAL OR HOUSEHOLD Pub. L. 96-243, May 16, 1980, 94 Stat. 345, provided for the Secretary of Agriculture to study the impact and advisability of counting, for the purposes of income in determining eligibility: all educational loans on which payment is deferred; grants, fellowships, scholarships, and veteran's educational benefits used for the payment of tuition and mandatory fees at any educational institution of higher learning; and all housing subsidies including, but not limited to payments made by an outside party on behalf of an individual or household, and further provided for the Department of Agriculture to report to Congress its findings in this matter not later than Jan. 15, 1981. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 7 USC Sec. 2015 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2015. Eligibility disqualifications -STATUTE- (a) Additional specific conditions rendering individuals ineligible In addition to meeting the standards of eligibility prescribed in section 2014 of this title, households and individuals who are members of eligible households must also meet and comply with the specific requirements of this section to be eligible for participation in the supplemental nutrition assistance program. (b) Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable procedures (1) Any person who has been found by any State or Federal court or administrative agency to have intentionally (A) made a false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program benefits shall, immediately upon the rendering of such determination, become ineligible for further participation in the program - (i) for a period of 1 year upon the first occasion of any such determination; (ii) for a period of 2 years upon - (I) the second occasion of any such determination; or (II) the first occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for benefits; and (iii) permanently upon - (I) the third occasion of any such determination; (II) the second occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for benefits; (III) the first occasion of a finding by a Federal, State, or local court of the trading of firearms, ammunition, or explosives for benefits; or (IV) a conviction of an offense under subsection (b) or (c) of section 2024 of this title involving an item covered by subsection (b) or (c) of section 2024 of this title having a value of $500 or more. During the period of such ineligibility, no household shall receive increased benefits under this chapter as the result of a member of such household having been disqualified under this subsection. (2) Each State agency shall proceed against an individual alleged to have engaged in such activity either by way of administrative hearings, after notice and an opportunity for a hearing at the State level, or by referring such matters to appropriate authorities for civil or criminal action in a court of law. (3) Such periods of ineligibility as are provided for in paragraph (1) of this subsection shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the ineligibility is based is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of ineligibility be subject to review. (4) The Secretary shall prescribe such regulations as the Secretary may deem appropriate to ensure that information concerning any such determination with respect to a specific individual is forwarded to the Office of the Secretary by any appropriate State or Federal entity for the use of the Secretary in administering the provisions of this section. No State shall withhold such information from the Secretary or the Secretary's designee for any reason whatsoever. (c) Refusal to provide necessary information Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household shall be eligible to participate in the supplemental nutrition assistance program if it refuses to cooperate in providing information to the State agency that is necessary for making a determination of its eligibility or for completing any subsequent review of its eligibility. (1)(A) A State agency may require certain categories of households to file periodic reports of income and household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may not require periodic reporting - (i) for periods shorter than 4 months by migrant or seasonal farmworker households; (ii) for periods shorter than 4 months by households in which all members are homeless individuals; or (iii) for periods shorter than 1 year by households that have no earned income and in which all adult members are elderly or disabled. (B) Each household that is not required to file such periodic reports shall be required to report or cause to be reported to the State agency changes in income or household circumstances that the Secretary considers necessary to assure accurate eligibility and benefit determinations. (C) A State agency may require periodic reporting on a monthly basis by households residing on a reservation only if - (i) the State agency reinstates benefits, without requiring a new application, for any household residing on a reservation that submits a report not later than 1 month after the end of the month in which benefits would otherwise be provided; (ii) the State agency does not delay, reduce, suspend, or terminate the allotment of a household that submits a report not later than 1 month after the end of the month in which the report is due; (iii) on March 25, 1994, the State agency requires households residing on a reservation to file periodic reports on a monthly basis; and (iv) the certification period for households residing on a reservation that are required to file periodic reports on a monthly basis is 2 years, unless the State demonstrates just cause to the Secretary for a shorter certification period. (D) Frequency of reporting. - (i) In general. - Except as provided in subparagraphs (A) and (C), a State agency may require households that report on a periodic basis to submit reports - (I) not less often than once each 6 months; but (II) not more often than once each month. (ii) Reporting by households with excess income. - A household required to report less often than once each 3 months shall, notwithstanding subparagraph (B), report in a manner prescribed by the Secretary if the income of the household for any month exceeds the income standard of eligibility established under section 2014(c)(2) of this title. (2) Any household required to file a periodic report under paragraph (1) of this subsection shall, (A) if it is eligible to participate and has filed a timely and complete report, receive its allotment, based on the reported information for a given month, within thirty days of the end of that month unless the Secretary determines that a longer period of time is necessary, (B) have available special procedures that permit the filing of the required information in the event all adult members of the household are mentally or physically handicapped or lacking in reading or writing skills to such a degree as to be unable to fill out the required forms, (C) have a reasonable period of time after the close of the month in which to file their reports on State agency designed forms, (D) be afforded prompt notice of failure to file any report timely or completely, and given a reasonable opportunity to cure that failure (with any applicable time requirements extended accordingly) and to exercise its rights under section 2020(e)(10) of this title, and (E) be provided each month (or other applicable period) with an appropriate, simple form for making the required reports of the household together with clear instructions explaining how to complete the form and the rights and responsibilities of the household under any periodic reporting system. (3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if they contain the information relevant to eligibility and benefit determinations that is specified by the State agency. All report forms, including those related to periodic reports of circumstances, shall contain a description, in understandable terms in prominent and bold face lettering, of the appropriate civil and criminal provisions dealing with violations of this chapter including the prescribed penalties. Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV-A of the Social Security Act [42 U.S.C. 601 et seq.] and that are required to file comparable reports under that Act [42 U.S.C. 301 et seq.] shall be provided the opportunity to file reports at the same time for purposes of this chapter and the Social Security Act. (4) Except as provided in paragraph (1)(C), any household that fails to submit periodic reports required by paragraph (1) shall not receive an allotment for the payment period to which the unsubmitted report applies until such report is submitted. (5) The Secretary is authorized, upon the request of a State agency, to waive any provisions of this subsection (except the provisions of the first sentence of paragraph (1) which relate to households which are not required to file periodic reports) to the extent necessary to permit the State agency to establish periodic reporting requirements for purposes of this chapter which are similar to the periodic reporting requirements established under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in that State. (d) Conditions of participation (1) Work requirements. - (A) In general. - No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the supplemental nutrition assistance program if the individual - (i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; (ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency; (iii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of - (I) the applicable Federal or State minimum wage; or (II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; (iv) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; (v) voluntarily and without good cause - (I) quits a job; or (II) reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or (vi) fails to comply with section 2029 of this title. (B) Household ineligibility. - If an individual who is the head of a household becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the supplemental nutrition assistance program for a period, determined by the State agency, that does not exceed the lesser of - (i) the duration of the ineligibility of the individual determined under subparagraph (C); or (ii) 180 days. (C) Duration of ineligibility. - (i) First violation. - The first time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of - (I) the date the individual becomes eligible under subparagraph (A); (II) the date that is 1 month after the date the individual became ineligible; or (III) a date determined by the State agency that is not later than 3 months after the date the individual became ineligible. (ii) Second violation. - The second time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of - (I) the date the individual becomes eligible under subparagraph (A); (II) the date that is 3 months after the date the individual became ineligible; or (III) a date determined by the State agency that is not later than 6 months after the date the individual became ineligible. (iii) Third or subsequent violation. - The third or subsequent time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of - (I) the date the individual becomes eligible under subparagraph (A); (II) the date that is 6 months after the date the individual became ineligible; (III) a date determined by the State agency; or (IV) at the option of the State agency, permanently. (D) Administration. - (i) Good cause. - The Secretary shall determine the meaning of good cause for the purpose of this paragraph. (ii) Voluntary quit. - The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph. (iii) Determination by state agency. - (I) In general. - Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine - (aa) the meaning of any term used in subparagraph (A); (bb) the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and (cc) whether an individual is in compliance with a requirement under subparagraph (A). (II) Not less restrictive. - A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this chapter than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (iv) Strike against the government. - For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. (v) Selecting a head of household. - (I) In general. - For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the supplemental nutrition assistance program agree to the selection. (II) Time for making designation. - A household may designate the head of the household under subclause (I) each time the household is certified for participation in the supplemental nutrition assistance program, but may not change the designation during a certification period unless there is a change in the composition of the household. (vi) Change in head of household. - If the head of a household leaves the household during a period in which the household is ineligible to participate in the supplemental nutrition assistance program under subparagraph (B) - (I) the household shall, if otherwise eligible, become eligible to participate in the supplemental nutrition assistance program; and (II) if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the supplemental nutrition assistance program for the remaining period of ineligibility. (2) A person who otherwise would be required to comply with the requirements of paragraph (1) of this subsection shall be exempt from such requirements if he or she is (A) currently subject to and complying with a work registration requirement under title IV of the Social Security Act, as amended (42 U.S.C. 602), or the Federal- State unemployment compensation system, in which case, failure by such person to comply with any work requirement to which such person is subject shall be the same as failure to comply with that requirement of paragraph (1); (B) a parent or other member of a household with responsibility for the care of a dependent child under age six or of an incapacitated person; (C) a bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education (except that any such person enrolled in an institution of higher education shall be ineligible to participate in the supplemental nutrition assistance program unless he or she meets the requirements of subsection (e) of this section); (D) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; (E) employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by thirty hours; or (F) a person between the ages of sixteen and eighteen who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis. A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the age of a dependent child that qualifies a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age. (3) Notwithstanding any other provision of law, a household shall not participate in the supplemental nutrition assistance program at any time that any member of such household, not exempt from the work registration requirements of paragraph (1) of this subsection, is on strike as defined in section 142(2) of title 29, because of a labor dispute (other than a lockout) as defined in section 152(9) of title 29: Provided, That a household shall not lose its eligibility to participate in the supplemental nutrition assistance program as a result of one of its members going on strike if the household was eligible immediately prior to such strike, however, such household shall not receive an increased allotment as the result of a decrease in the income of the striking member or members of the household: Provided further, That such ineligibility shall not apply to any household that does not contain a member on strike, if any of its members refuses to accept employment at a plant or site because of a strike or lockout. (4) Employment and training. - (A) In general. - (i) Implementation. - Each State agency shall implement an employment and training program designed by the State agency and approved by the Secretary for the purpose of assisting members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (ii) Statewide workforce development system. - Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system. (B) For purposes of this chapter, an "employment and training program" means a program that contains one or more of the following components, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application: (i) Job search programs. (ii) Job search training programs that include, to the extent determined appropriate by the State agency, reasonable job search training and support activities that may consist of jobs skills assessments, job finding clubs, training in techniques for employability, job placement services, or other direct training or support activities, including educational programs, determined by the State agency to expand the job search abilities or employability of those subject to the program. (iii) Workfare programs operated under section 2029 of this title. (iv) Programs designed to improve the employability of household members through actual work experience or training, or both, and to enable individuals employed or trained under such programs to move promptly into regular public or private employment. An employment or training experience program established under this clause shall - (I) not provide any work that has the effect of replacing the employment of an individual not participating in the employment or training experience program; and (II) provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours. (v) Educational programs or activities to improve basic skills and literacy, or otherwise improve employability, including educational programs determined by the State agency to expand the job search abilities or employability of those subject to the program under this paragraph. (vi) Programs designed to increase the self-sufficiency of recipients through self-employment, including programs that provide instruction for self-employment ventures. (vii) Programs intended to ensure job retention by providing job retention services, if the job retention services are provided for a period of not more than 90 days after an individual who received employment and training services under this paragraph gains employment. (viii) As approved by the Secretary or the State under regulations issued by the Secretary, other employment, educational and training programs, projects, and experiments, such as a supported work program, aimed at accomplishing the purpose of the employment and training program. (C) The State agency may provide that participation in an employment and training program may supplement or supplant other employment-related requirements imposed on those subject to the program. (D)(i) Each State agency may exempt from any requirement for participation in any program under this paragraph categories of household members. (ii) Each State agency may exempt from any requirement for participation individual household members not included in any category designated as exempt under clause (i). (iii) Any exemption of a category or individual under this subparagraph shall be periodically evaluated to determine whether the exemption continues to be valid. (E) Each State agency shall establish requirements for participation by individuals not exempt under subparagraph (D) in one or more employment and training programs under this paragraph, including the extent to which any individual is required to participate. Such requirements may vary among participants. (F)(i) The total hours of work in an employment and training program carried out under this paragraph required of members of a household, together with the hours of work of such members in any program carried out under section 2029 of this title, in any month collectively may not exceed a number of hours equal to the household's allotment for such month divided by the higher of the applicable State minimum wage or Federal minimum hourly rate under the Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)]. (ii) The total hours of participation in such program required of any member of a household, individually, in any month, together with any hours worked in another program carried out under section 2029 of this title and any hours worked for compensation (in cash or in kind) in any other capacity, shall not exceed one hundred and twenty hours per month. (iii) Any individual voluntarily electing to participate in a program under this paragraph shall not be subject to the limitations described in clauses (i) and (ii). (G) The State agency may operate any program component under this paragraph in which individuals elect to participate. (H) Federal funds made available to a State agency for purposes of the component authorized under subparagraph (B)(v) shall not be used to supplant non-Federal funds used for existing services and activities that promote the purposes of this component. (I)(i) The State agency shall provide payments or reimbursements to participants in programs carried out under this paragraph, including individuals participating under subparagraph (G), for - (I) the actual costs of transportation and other actual costs (other than dependent care costs), that are reasonably necessary and directly related to participation in the program; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act [42 U.S.C. 601 et seq.] is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. Individuals subject to the program under this paragraph may not be required to participate if dependent costs exceed the limit established by the State agency under this subclause or other actual costs exceed any limit established under subclause (I). (ii) In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall - (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of title 26. (J) The Secretary shall promulgate guidelines that (i) enable State agencies, to the maximum extent practicable, to design and operate an employment and training program that is compatible and consistent with similar programs operated within the State, and (ii) ensure, to the maximum extent practicable, that employment and training programs are provided for Indians on reservations. (K) Limitation on funding. - Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.). (L) The Secretary shall ensure that State agencies comply with the requirements of this paragraph and section 2020(e)(19) of this title. (M) The facilities of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] may be used to find employment and training opportunities for household members under the programs under this paragraph. (e) Students No individual who is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program under this section shall be eligible to participate in the supplemental nutrition assistance program as a member of that or any other household if the individual is enrolled at least half- time in an institution of higher education, unless the individual - (1) is under age 18 or is age 50 or older; (2) is not physically or mentally fit; (3) is assigned to or placed in an institution of higher education through or in compliance with the requirements of - (A) a program under title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]; (B) an employment and training program under this section; (C) a program under section 2296 of title 19; or (D) another program for the purpose of employment and training operated by a State or local government, as determined to be appropriate by the Secretary; (4) is employed a minimum of 20 hours per week or participating in a State or federally financed work study program during the regular school year; (5) is - (A) a parent with responsibility for the care of a dependent child under age 6; or (B) a parent with responsibility for the care of a dependent child above the age of 5 and under the age of 12 for whom adequate child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4); (6) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (7) is so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act [42 U.S.C. 601 et seq.] or its successor programs; or (8) is enrolled full-time in an institution of higher education, as determined by the institution, and is a single parent with responsibility for the care of a dependent child under age 12. (f) Aliens No individual who is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program under this section shall be eligible to participate in the supplemental nutrition assistance program as a member of that or any other household unless he or she is (1) a resident of the United States and (2) either (A) a citizen or (B) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 1101(a)(15) and 1101(a)(20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; or (C) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 1259 of title 8; or (D) an alien who has qualified for conditional entry pursuant to sections 1157 and 1158 of title 8; or (E) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8; or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 1231(b)(3) of title 8. No aliens other than the ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the supplemental nutrition assistance program as a member of any household. The income (less, at State option, a pro rata share) and financial resources of the individual rendered ineligible to participate in the supplemental nutrition assistance program under this subsection shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member. (g) Residents of States which provide State supplementary payments No individual who receives supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], State supplementary payments described in section 1616 of such Act [42 U.S.C. 1382e], or payments of the type referred to in section 212(a) of Public Law 93-66, as amended, shall be considered to be a member of a household for any month, if, for such month, such individual resides in a State which provides State supplementary payments (1) of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] and section 212(a) of Public Law 93-66, and (2) the level of which has been found by the Commissioner of Social Security to have been specifically increased so as to include the bonus value of food stamps. (h) Transfer of assets to qualify No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the supplemental nutrition assistance program shall be eligible to participate in the program for a period of up to one year from the date of discovery of the transfer. (i) Comparable treatment for disqualification (1) In general If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the supplemental nutrition assistance program. (2) Rules and procedures If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the supplemental nutrition assistance program. (3) Application after disqualification period A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this chapter and shall be treated as a new applicant, except that a prior disqualification under subsection (d) of this section shall be considered in determining eligibility. (j) Disqualification for receipt of multiple benefits An individual shall be ineligible to participate in the supplemental nutrition assistance program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the supplemental nutrition assistance program. (k) Disqualification of fleeing felons (1) In general No member of a household who is otherwise eligible to participate in the supplemental nutrition assistance program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is - (A) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or (B) violating a condition of probation or parole imposed under a Federal or State law. (2) Procedures The Secretary shall - (A) define the terms "fleeing" and "actively seeking" for purposes of this subsection; and (B) ensure that State agencies use consistent procedures established by the Secretary that disqualify individuals whom law enforcement authorities are actively seeking for the purpose of holding criminal proceedings against the individual. (l) Custodial parent's cooperation with child support agencies (1) In general At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as "the individual") who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the supplemental nutrition assistance program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) - (A) in establishing the paternity of the child (if the child is born out of wedlock); and (B) in obtaining support for - (i) the child; or (ii) the individual and the child. (2) Good cause for noncooperation Paragraph (1) shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child. (3) Fees Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). (m) Noncustodial parent's cooperation with child support agencies (1) In general At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as "the individual") shall not be eligible to participate in the supplemental nutrition assistance program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) - (A) in establishing the paternity of the child (if the child is born out of wedlock); and (B) in providing support for the child. (2) Refusal to cooperate (A) Guidelines The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). (B) Procedures The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). (3) Fees Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). (4) Privacy The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected. (n) Disqualification for child support arrears (1) In general At the option of a State agency, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. (2) Exceptions Paragraph (1) shall not apply if - (A) a court is allowing the individual to delay payment; or (B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual. (o) Work requirement (1) "Work program" defined In this subsection, the term "work program" means - (A) a program under the (!1) title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]; (B) a program under section 2296 of title 19; and (C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4) of this section, other than a job search program or a job search training program. (2) Work requirement Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not - (A) work 20 hours or more per week, averaged monthly; (B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; (C) participate in and comply with the requirements of a program under section 2029 of this title or a comparable program established by a State or political subdivision of a State; or (D) receive benefits pursuant to paragraph (3), (4), (5), or (6). (3) Exception Paragraph (2) shall not apply to an individual if the individual is - (A) under 18 or over 50 years of age; (B) medically certified as physically or mentally unfit for employment; (C) a parent or other member of a household with responsibility for a dependent child; (D) otherwise exempt under subsection (d)(2) of this section; or (E) a pregnant woman. (4) Waiver (A) In general On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside - (i) has an unemployment rate of over 10 percent; or (ii) does not have a sufficient number of jobs to provide employment for the individuals. (B) Report The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (5) Subsequent eligibility (A) Regaining eligibility An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual - (i) works 80 or more hours; (ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or (iii) participates in and complies with the requirements of a program under section 2029 of this title or a comparable program established by a State or political subdivision of a State. (B) Maintaining eligibility An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). (C) Loss of employment (i) In general An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). (ii) Limitation An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36- month period. (6) 15-percent exemption (A) Definitions In this paragraph: (i) Caseload The term "caseload" means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30. (ii) Covered individual The term "covered individual" means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who - (I) is not eligible for an exception under paragraph (3); (II) does not reside in an area covered by a waiver granted under paragraph (4); (III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); (IV) is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided under paragraph (2); and (V) is not receiving supplemental nutrition assistance program benefits under paragraph (5). (B) General rule Subject to subparagraphs (C) through (G), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. (C) Fiscal year 1998 Subject to subparagraphs (E) and (G), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 2025(c) of this title for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. (D) Subsequent fiscal years Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4). (E) Caseload adjustments The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C) or (D) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary. (F) Exemption adjustments During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. (G) Reporting requirement A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. (7) Other program rules Nothing in this subsection shall make an individual eligible for benefits under this chapter if the individual is not otherwise eligible for benefits under the other provisions of this chapter. (p) Disqualification for obtaining cash by destroying food and collecting deposits Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally obtained cash by purchasing products with supplemental nutrition assistance program benefits that have containers that require return deposits, discarding the product, and returning the container for the deposit amount shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation. (q) Disqualification for sale of food purchased with supplemental nutrition assistance program benefits Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally sold any food that was purchased using supplemental nutrition assistance program benefits shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation. -SOURCE- (Pub. L. 88-525, Sec. 6, Aug. 31, 1964, 78 Stat. 704; Pub. L. 94- 339, Sec. 3, July 5, 1976, 90 Stat. 800; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 964; Pub. L. 96-58, Secs. 5, 9, Aug. 14, 1979, 93 Stat. 391, 392; Pub. L. 96-249, title I, Secs. 109, 110, 114, 115, 139, 140, May 26, 1980, 94 Stat. 359, 361, 370; Pub. L. 97-35, title I, Secs. 108(b), (c), 109, 112, Aug. 13, 1981, 95 Stat. 361, 362; Pub. L. 97-98, title XIII, Secs. 1310, 1311, Dec. 22, 1981, 95 Stat. 1284, 1285; Pub. L. 97-253, title I, Secs. 145(e), 154-161, 189(b)(1), 190(a), (b), Sept. 8, 1982, 96 Stat. 774, 777, 778, 787; Pub. L. 98-204, Secs. 5, 6, Dec. 2, 1983, 97 Stat. 1385, 1386; Pub. L. 99-198, title XV, Secs. 1513(b), 1516, 1517(a), Dec. 23, 1985, 99 Stat. 1571-1573; Pub. L. 100-435, title II, Sec. 202(b), (c), title IV, Sec. 404(a)-(d), Sept. 19, 1988, 102 Stat. 1656, 1665-1667; Pub. L. 101-624, title XVII, Secs. 1723- 1726(b)(1), (c), (d), 1727, Nov. 28, 1990, 104 Stat. 3786-3788; Pub. L. 102-237, title IX, Secs. 907, 941(3), Dec. 13, 1991, 105 Stat. 1885, 1892; Pub. L. 103-66, title XIII, Secs. 13922(b), 13942, Aug. 10, 1993, 107 Stat. 675, 677; Pub. L. 103-225, title I, Secs. 101(a), 104(b), Mar. 25, 1994, 108 Stat. 106, 107; Pub. L. 103-296, title I, Sec. 108(f)(1), (2), Aug. 15, 1994, 108 Stat. 1486, 1487; Pub. L. 104-193, title I, Sec. 109(b), title VIII, Secs. 813-815(a), 816, 817(a), 818, 819(a), (c), 820-824(a), Aug. 22, 1996, 110 Stat. 2169, 2314, 2315, 2318, 2320-2323; Pub. L. 104- 208, div. C, title III, Sec. 308(g)(7)(D)(i), Sept. 30, 1996, 110 Stat. 3009-624; Pub. L. 105-33, title I, Sec. 1001, Aug. 5, 1997, 111 Stat. 251; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(2)(B), (f)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-418, 2681-429; Pub. L. 107-171, title IV, Secs. 4109, 4115(b)(2), 4121(c), May 13, 2002, 116 Stat. 309, 315, 324; Pub. L. 110-234, title IV, Secs. 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, May 22, 2008, 122 Stat. 1092, 1101, 1102, 1106, 1114; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, June 18, 2008, 122 Stat. 1664, 1853, 1862-1864, 1868, 1875.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (c)(3), (5), (d)(1)(D)(iii)(II), (2), (4)(I)(i)(II), (K), (e)(6), (7), (g), (i)(2), (l)(1), (3), (m), and (n)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. Part D of title IV of the Act is classified generally to part D (Sec. 651 et seq.) of subchapter IV of chapter 7 of Title 42. Title IV-A of the Act (part A of title IV) is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42. Titles IV and XVI of the Social Security Act are classified generally to subchapters IV (Sec. 601 et seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Fair Labor Standards Act of 1938, as amended, referred to in subsec. (d)(2), (4)(F)(i), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Workforce Investment Act of 1998, referred to in subsecs. (d)(4)(M), (e)(3)(A), and (o)(1)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables. Section 212(a) of Pub. L. 93-66, referred to in subsec. (g), is Pub. L. 93-66, title II, Sec. 212(a), July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of Title 42, The Public Health and Welfare. -COD- 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. -MISC1- AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (b)(1)(B). Pub. L. 110-246, Sec. 4115(b)(4)(A), in introductory provisions, substituted "program benefits" for "coupons or authorization cards" and, in cls. (ii) and (iii), substituted "benefits" for "coupons" wherever appearing. Subsec. (c). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions. Subsec. (c)(1)(A). Pub. L. 110-246, Sec. 4105, in introductory provisions, substituted "reporting" for "reporting by", in cl. (i), inserted "for periods shorter than 4 months by" before "migrant", in cl. (ii), inserted "for periods shorter than 4 months by" before "households", and, in cl. (iii), inserted "for periods shorter than 1 year by" before "households". Subsec. (d)(1), (2). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (d)(3). Pub. L. 110-246, Sec. 4002(a)(3)(A), struck out "for food stamps" after "eligible". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in two places. Subsec. (d)(4)(A)(i). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (d)(4)(B)(vii), (viii). Pub. L. 110-246, Sec. 4108(1), added cl. (vii) and redesignated former cl. (vii) as (viii). Subsec. (d)(4)(F)(iii). Pub. L. 110-246, Sec. 4108(2), added cl. (iii). Subsec. (d)(4)(L). Pub. L. 110-246, Sec. 4115(b)(4)(B), substituted "section 2020(e)(19)" for "section 2020(e)(22)". Subsecs. (e), (f), (h), (i). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (j). Pub. L. 110-246, Sec. 4002(a)(3)(B), struck out "food stamp" before "benefits" in heading. Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in two places. Subsec. (k). Pub. L. 110-246, Sec. 4112, designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and added par. (2). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions. Subsecs. (l) to (n). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (o)(2). Pub. L. 110-246, Sec. 4002(a)(3)(C)(i), substituted "supplemental nutrition assistance program benefits" for "food stamp benefits" in introductory provisions. Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions. Subsec. (o)(5)(A). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions. Subsec. (o)(6)(A)(i), (ii). Pub. L. 110-246, Sec. 4002(a)(3)(C)(ii)(I), in cl. (i), substituted "supplemental nutrition assistance program benefits" for "food stamps" and, in cl. (ii), substituted "a member of a household that receives supplemental nutrition assistance program benefits" for "a food stamp recipient" in introductory provisions and "supplemental nutrition assistance program benefits" for "food stamp benefits" wherever appearing. Subsec. (o)(6)(D), (E). Pub. L. 110-246, Sec. 4002(a)(3)(C)(ii)(II), substituted "members of households that receive supplemental nutrition assistance program benefits" for "food stamp recipients". Subsecs. (p), (q). Pub. L. 110-246, Sec. 4131, added subsecs. (p) and (q). 2002 - Subsec. (c). Pub. L. 107-171, Sec. 4115(b)(2), substituted "Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household" for "No household" in introductory provisions. Subsec. (c)(1)(B). Pub. L. 107-171, Sec. 4109(1), struck out "on a monthly basis" after "periodic reports". Subsec. (c)(1)(D). Pub. L. 107-171, Sec. 4109(2), added subpar. (D). Subsec. (d)(4)(I)(i)(I). Pub. L. 107-171, Sec. 4121(c), struck out ", except that the State agency may limit such reimbursement to each participant to $25 per month" before semicolon. 1998 - Subsec. (d)(4)(M). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(2)(B)(i)], struck out "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of" after "The facilities of". Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(2)(B)(i)], substituted "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998" for "the State public employment offices and agencies operating programs under the Job Training Partnership Act". Subsec. (e)(3)(A). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(2)(B)(ii)], added subpar. (A) and struck out former subpar. (A) which read as follows: "a program under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;". Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(2)(B)(ii)], added subpar. (A) and struck out former subpar. (A) which read as follows: "a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);". Subsec. (o)(1)(A). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(2)(B)(iii)], struck out "Job Training Partnership Act or" before "title I". Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(2)(B)(iii)], substituted "Job Training Partnership Act or title I of the Workforce Investment Act of 1998" for "Job Training Partnership Act (29 U.S.C. 1501 et seq.)" 1997 - Subsec. (o)(2)(D). Pub. L. 105-33, Sec. 1001(1), substituted "(5), or (6)" for "or (5)". Subsec. (o)(6), (7). Pub. L. 105-33, Sec. 1001(2), (3), added par. (6) and redesignated former par. (6) as (7). 1996 - Subsec. (b)(1)(i). Pub. L. 104-193, Sec. 813(1), substituted "1 year" for "six months". Subsec. (b)(1)(ii). Pub. L. 104-193, Sec. 813(2), substituted "2 years" for "1 year". Subsec. (b)(1)(iii)(IV). Pub. L. 104-193, Sec. 814, added subcl. (IV). Subsec. (c)(5). Pub. L. 104-193, Sec. 109(b)(1), substituted "the State program funded" for "the State plan approved". Subsec. (d). Pub. L. 104-193, Sec. 815(a), inserted subsec. heading. Subsec. (d)(1). Pub. L. 104-193, Sec. 815(a), added par. (1) and struck out former par. (1) which related to ineligibility in case of refusal of person or head of household to register for or accept employment. Subsec. (d)(2). Pub. L. 104-193, Secs. 816, 819(c), struck out "that is comparable to a requirement of paragraph (1)" after "person is subject" in cl. (A) and inserted at end "A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the age of a dependent child that qualifies a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age." Subsec. (d)(4). Pub. L. 104-193, Sec. 817(a)(1), inserted par. heading. Subsec. (d)(4)(A). Pub. L. 104-193, Sec. 817(a)(1), (2), inserted subpar. heading, designated existing provisions as cl. (i), inserted heading, substituted "Each State" for "Not later than April 1, 1987, each State", inserted "work," after "skills, training,", and added cl. (ii). Subsec. (d)(4)(B). Pub. L. 104-193, Sec. 817(a)(3), in introductory provisions, inserted before colon ", except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application", in cl. (i), struck out "with terms and conditions comparable to those prescribed in subparagraphs (A) and (B) of section 402(a)(35) of part A of title IV of the Social Security Act, except that the State agency shall retain the option to apply employment requirements prescribed under this clause to program applicants at the time of application" after "search programs", and in cl. (iv), redesignated subcls. (III) and (IV) as (I) and (II), respectively, and struck out former subcls. (I) and (II) which read as follows: "(I) limit employment experience assignments to projects that serve a useful public purpose in fields such as health, social services, environmental protection, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care; "(II) to the extent possible, use the prior training, experience, and skills of the participating member in making appropriate employment or training experience assignments;". Subsec. (d)(4)(D). Pub. L. 104-193, Sec. 817(a)(4), in cl. (i), struck out "to which the application of such participation requirement is impracticable as applied to such categories due to factors such as the availability of work opportunities and the cost- effectiveness of the employment requirements. In making such a determination, the State agency may designate a category consisting of all such household members residing in a specific area of the State. Each State may exempt, with the approval of the Secretary, members of households that have participated in the food stamp program 30 days or less" after "household members", in cl. (ii), struck out "but with respect to whom such participation is impracticable because of personal circumstances such as lack of job readiness and employability, the remote location of work opportunities, and unavailability of child care" after "clause (i)", and in cl. (iii), substituted "the exemption continues to be valid" for ", on the basis of the factors used to make a determination under clause (i) or (ii), the exemption continues to be valid. Such evaluations shall occur no less often than at each certification or recertification in the case of exemptions under clause (ii)". Subsec. (d)(4)(E). Pub. L. 104-193, Sec. 817(a)(5), struck out at end "Through September 30, 1995, two States may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary's discretion, approve additional States' requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate." Subsec. (d)(4)(G). Pub. L. 104-193, Sec. 817(a)(6), struck out "(i)" after "(G)" and struck out cl. (ii) which read as follows: "The State agency shall permit, to the extent it determines practicable, individuals not subject to requirements imposed under subparagraph (E) or who have complied, or are in the process of complying, with such requirements to participate in any program under this paragraph." Subsec. (d)(4)(H). Pub. L. 104-193, Sec. 817(a)(7), struck out "(ii)" before "Federal funds" and struck out cl. (i) which read as follows: "The Secretary shall issue regulations under which each State agency shall establish a conciliation procedure for the resolution of disputes involving the participation of an individual in the program." Subsec. (d)(4)(I)(i)(II). Pub. L. 104-193, Sec. 817(a)(8), substituted "), except that no such payment or reimbursement shall exceed the applicable local market rate" for ", or was in operation, on September 19, 1988) up to any limit set by the State agency (which limit shall not be less than the limit for the dependent care deduction under section 2014(e) of this title), but in no event shall such payment or reimbursements exceed the applicable local market rate as determined by procedures consistent with any such determination under the Social Security Act". Subsec. (d)(4)(K). Pub. L. 104-193, Sec. 817(a)(9)(A), added subpar. (K) and struck out former subpar. (K) which authorized establishment of performance standards for each State that, in case of persons who were subject to employment requirements under this section and who were not exempt under subpar. (D), designated minimum percentages (not to exceed 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995) of such persons that State agencies were to place in employment and training programs. Subsec. (d)(4)(L). Pub. L. 104-193, Sec. 817(a)(10), struck out "(i)" before "The Secretary" and struck out cl. (ii) which read as follows: "If the Secretary determines that a State agency has failed, without good cause, to comply with such a requirement, including any failure to meet a performance standard under subparagraph (J), the Secretary may withhold from such State, in accordance with section 2025(a), (c), and (h) of this title, such funds as the Secretary determines to be appropriate, subject to administrative and judicial review under section 2023 of this title." Pub. L. 104-193, Sec. 817(a)(9), redesignated subpar. (M) as (L) and struck out former subpar. (L) which authorized Secretary to establish performance standards and measures applicable to employment and training programs that were based on employment outcomes, including increases in earnings. Subsec. (d)(4)(M), (N). Pub. L. 104-193, Sec. 817(a)(9)(B), redesignated subpars. (M) and (N) as (L) and (M), respectively. Subsec. (e)(6). Pub. L. 104-193, Sec. 109(b)(2), substituted "benefits under a State program funded" for "aid to families with dependent children". Subsec. (f). Pub. L. 104-193, Sec. 818, in last sentence, inserted ", at State option," after "(less". Subsec. (f)(2)(F). Pub. L. 104-208 substituted "1231(b)(3)" for "1253(h)". Subsec. (i). Pub. L. 104-193, Sec. 819(a), added subsec. (i). Subsec. (j). Pub. L. 104-193, Sec. 820, added subsec. (j). Subsec. (k). Pub. L. 104-193, Sec. 821, added subsec. (k). Subsecs. (l), (m). Pub. L. 104-193, Sec. 822, added subsecs. (l) and (m). Subsec. (n). Pub. L. 104-193, Sec. 823, added subsec. (n). Subsec. (o). Pub. L. 104-193, Sec. 824(a), added subsec. (o). 1994 - Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 103-225, Sec. 101(a)(1), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii) which read "households residing on a reservation;". Subsec. (c)(1)(C). Pub. L. 103-225, Sec. 101(a)(2), added subpar. (C). Subsec. (c)(3). Pub. L. 103-296, Sec. 108(f)(1), inserted "the Commissioner of Social Security and" before "the Secretary of Health and Human Services". Subsec. (c)(4). Pub. L. 103-225, Sec. 104(b), substituted "Except as provided in paragraph (1)(C), any" for "Any". Subsec. (g). Pub. L. 103-296, Sec. 108(f)(2), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services". 1993 - Subsec. (b)(1)(ii), (iii). Pub. L. 103-66, Sec. 13942, added cls. (ii) and (iii) and struck out former cls. (ii) and (iii) which read as follows: "(ii) for a period of one year upon the second occasion of any such determination; and "(iii) permanently upon the third occasion of any such determination." Subsec. (d)(4)(I)(i)(II). Pub. L. 103-66, Sec. 13922(b), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation or was in operation, on September 19, 1988), but in no event shall such payment or reimbursements exceed $160 per dependent per month. Individuals subject to the program under this paragraph may not be required to participate if dependent care costs exceed $160 per dependent per month." 1991 - Subsec. (c)(1)(A)(ii). Pub. L. 102-237, Sec. 941(3)(A), realigned margin. Subsec. (d)(1)(A). Pub. L. 102-237, Sec. 941(3)(B), substituted "who is a physically" for "who is physically", "Secretary; (ii) refuses" for "Secretary; (ii) refuses" requiring no change in text, and "two months; or (iii) refuses" for "two months; (iii) refuses". Subsec. (d)(4)(B)(vii). Pub. L. 102-237, Sec. 941(3)(C), substituted "Secretary," for "Secretary,," and "aimed at" for "aimed an". Subsec. (d)(4)(D)(iii). Pub. L. 102-237, Sec. 941(3)(D), substituted "clause (i) or (ii)" for "clauses (i) or (ii)". Subsec. (d)(4)(I)(i)(II). Pub. L. 102-237, Sec. 941(3)(E), substituted "601 et seq.)" for "601 et seq.))" and "), but in" for ", but in". Subsec. (d)(4)(K)(i). Pub. L. 102-237, Sec. 907(b), substituted "10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995" for "50 percent through September 30, 1989" and inserted at end "The Secretary shall not require the plan of a State agency to provide for the participation of a number of recipients greater than 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995, of the persons who are subject to employment requirements under this section and who are not exempt under subparagraph (D)." Subsec. (d)(4)(L). Pub. L. 102-237, Sec. 907(a), amended subpar. (L) generally, substituting present provisions for provisions requiring establishment of performance standards by the Secretary, after consultation with the Office of Technology Assessment, Secretary of Labor, Secretary of Health and Human Services, and appropriate designated State officials, which standards were to be coordinated with the corresponding standards under the Job Training Partnership Act and the performance standards under title IV of the Social Security Act, which were to permit variations to take into account differing conditions in different States, and which were to be published and implemented not later than Oct. 1, 1991, and directing the Office of Technology Assessment, not later than 180 days after the Secretary publishes proposed measures for performance standards, to develop model performance standards, compare these standards with the Secretary, and report the result of such comparison to the Speaker of the House of Representatives, President pro tempore of the Senate, and Secretary of Agriculture. 1990 - Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 101-624, Sec. 1723, added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. Subsec. (c)(2)(C). Pub. L. 101-624, Sec. 1724(1), substituted "State agency designed forms" for "forms approved by the Secretary". Subsec. (c)(3). Pub. L. 101-624, Sec. 1724(2), substituted "they contain the information relevant to eligibility and benefit determinations that is specified by the State agency" for ", in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels". Subsec. (d)(1). Pub. L. 101-624, Sec. 1725, inserted after first sentence "The State agency shall allow the household to select an adult parent of children in the household as its head where all adult household members making application agree to the selection. The household may designate its head of household under this paragraph each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household." Subsec. (d)(4)(B)(v). Pub. L. 101-624, Sec. 1726(a), inserted "and literacy," after "basic skills". Subsec. (d)(4)(B)(vi), (vii). Pub. L. 101-624, Sec. 1726(b)(1), added cl. (vi) and redesignated former cl. (vi) as (vii). Subsec. (d)(4)(E). Pub. L. 101-624, Sec. 1726(c), inserted at end "Through September 30, 1995, two States may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary participants (including both exempt and non- exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary's discretion, approve additional States' requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate." Subsec. (d)(4)(L)(iii). Pub. L. 101-624, Sec. 1726(d), substituted "October" for "April". Subsec. (e). Pub. L. 101-624, Sec. 1727, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "No individual who is a member of a household otherwise eligible to participate in the food stamp program under this section shall be eligible to participate in the food stamp program as a member of that or any other household if he or she (1) is physically and mentally fit and is between the ages of eighteen and sixty, (2) is enrolled at least half time in an institution of higher education, or is an individual who is not assigned to or placed in an institution of higher learning through a program under the Job Training Partnership Act, and (3)(A) is not employed a minimum of twenty hours per week or does not participate in a federally financed work study program during the regular school year; (B) is not a parent with responsibility for the care of a dependent child under age six; (C) is not a parent with responsibility for the care of a dependent child above the age of five and under the age of twelve for whom adequate child care is not available; (D) is not receiving aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (E) is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, as amended (42 U.S.C. 602)." 1988 - Subsec. (c)(1). Pub. L. 100-435, Sec. 202(b), substituted subpars. (A) and (B) for undesignated provisions requiring households with household income determined on retrospective basis to file periodic reports with system of less frequent reporting for certain categories of households. Subsec. (c)(2). Pub. L. 100-435, Sec. 202(c), added cl. (E). Subsec. (d)(4)(B)(i). Pub. L. 100-435, Sec. 404(a)(1), struck out "have no obligation to incur costs exceeding $25 per participant per month, as provided in subparagraph (B)(vi), and the State agency shall" before "retain the option". Subsec. (d)(4)(B)(v). Pub. L. 100-435, Sec. 404(a)(3), (4), added cl. (v). Former cl. (v) redesignated (vi). Subsec. (d)(4)(B)(vi). Pub. L. 100-435, Sec. 404(a)(2), (3), redesignated former cl. (v) as (vi) and inserted "or the State under regulations issued by the Secretary," after "the Secretary" and "employment, educational and training" after "other". Subsec. (d)(4)(H). Pub. L. 100-435, Sec. 404(b), added subpar. (H). Former subpar. (H) redesignated (I). Subsec. (d)(4)(I). Pub. L. 100-435, Sec. 404(b)(1), (c), redesignated subpar. (H) as (I) and amended subpar. generally. Prior to amendment, subpar. (I) read as follows: "The State agency shall reimburse participants in programs carried out under this paragraph, including those participating under subparagraph (G), for the actual costs of transportation, and other actual costs, that are reasonably necessary and directly related to participation in the program, except that the State agency may limit such reimbursement to each participant to $25 per month." Former subpar. (I) redesignated (J). Subsec. (d)(4)(J), (K). Pub. L. 100-435, Sec. 404(b)(1), redesignated subpars. (I) and (J) as (J) and (K), respectively. Former subpar. (K) redesignated (M). Subsec. (d)(4)(L). Pub. L. 100-435, Sec. 404(b)(1), (d), added subpar. (L) and redesignated former subpar. (L) as (N). Subsec. (d)(4)(M), (N). Pub. L. 100-435, Sec. 404(b)(1), redesignated former subpars. (K) and (L) as (M) and (N), respectively. 1985 - Subsec. (c)(1). Pub. L. 99-198, Sec. 1513(b)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "State agencies shall require certain categories of households, including all households with earned income, except migrant farmworker households, all households with potential earners, including individuals receiving unemployment compensation benefits and individuals required by subsection (d) of this section to register for work, and all households required to file a similar report under title IV-A of the Social Security Act, but not including households that have no earned income and in which all adult members are elderly or disabled members, to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection." Pub. L. 99-198, Sec. 1513(b)(2), inserted after second sentence, provision empowering State agencies to require households, other than households with respect to which household income is required by section 2014(f)(2)(A) of this title to be calculated on a prospective basis, to file periodic reports of household circumstances in accordance with the standards prescribed by the Secretary under the preceding provisions of this paragraph. Subsec. (d)(1). Pub. L. 99-198, Sec. 1516(2), inserted sentences at end of par. (1) directing that any period of ineligibility for violations under this paragraph shall end when the household member who committed the violation complies with the requirement that has been violated, and that if the household member who committed the violation leaves the household during the period of ineligibility, such household shall no longer be subject to sanction for such violation and, if it is otherwise eligible, may resume participation in the food stamp program, but any other household of which such person thereafter becomes the head of the household shall be ineligible for the balance of the period of ineligibility. Subsec. (d)(1)(A). Pub. L. 99-198, Sec. 1516(1)(A), (B), designated existing provisions of first sentence of par. (1) as cl. (A) and in provisions of cl. (A) as so designated substituted "no person shall be eligible to participate in the food stamp program who is a physically and mentally fit person between the ages of sixteen and sixty" for "no household shall be eligible for assistance under this chapter if it includes a physically and mentally fit person between the ages of eighteen and sixty" in provisions preceding subcl. (i). Subsec. (d)(1)(A)(ii). Pub. L. 99-198, Sec. 1517(a)(1), substituted "refuses without good cause to participate in an employment and training program under paragraph (4), to the extent required under paragraph (4), including any reasonable employment requirements as are prescribed by the State agency in accordance with paragraph (4), and the period of ineligibility shall be two months" for "refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary, which may include a requirement that, at the option of the State agency, such reporting and inquiry commence at the time of application". Subsec. (d)(1)(A)(iii), (iv). Pub. L. 99-198, Sec. 1516(1)(C), redesignated cl. (iv) as (iii). Former cl. (iii), relating to a head of household who voluntarily quits any job without good cause, with a proviso that the period of ineligibility would be ninety days, was struck out. Subsec. (d)(1)(B). Pub. L. 99-198, Sec. 1516(1)(D), added cl. (B). Subsec. (d)(2)(F). Pub. L. 99-198, Sec. 1516(3), added cl. (F). Subsec. (d)(4). Pub. L. 99-198, Sec. 1517(a)(2), added par. (4). Subsec. (e)(2). Pub. L. 99-198, Sec. 1516(4), inserted "or is an individual who is not assigned to or placed in an institution of higher learning through a program under the Job Training Partnership Act,". Subsec. (f)(2)(D). Pub. L. 99-198, Sec. 1516(5)(A), (B), substituted "sections 1157 and 1158 of title 8" for "section 1153(a)(7) of title 8 because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity". Subsec. (f)(2)(F). Pub. L. 99-198, Sec. 1516(5)(C), struck out "because of the judgment of the Attorney General that the alien would otherwise be subject to persecution on account of race, religion, or political opinion" after "section 1253(h) of title 8". 1983 - Subsec. (c)(1). Pub. L. 98-204, Sec. 5, inserted sentence authorizing the Secretary to permit State agencies to accept, as satisfying the requirement that households report at such specified less frequent intervals, (i) recertifications conducted in accordance with section 2020(e)(4) of this title, (ii) in-person interviews conducted during a certification period, (iii) written reports filed by households, or (iv) such other documentation or actions as the Secretary may prescribe. Subsec. (c)(3). Pub. L. 98-204, Sec. 6, substituted "Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports" for "The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in circumstances for participating households". 1982 - Subsec. (c)(1). Pub. L. 97-253, Secs. 145(e), 154, 155, in first sentence substituted "in which all adult members are elderly or disabled members" for "in which all members are sixty years of age or over or receive supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under title I, II, X, XIV, and XVI of the Social Security Act" and inserted provision that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection, and, in last sentence, struck out ", on a form designed or approved by the Secretary," after "to the State agency". Subsec. (c)(5). Pub. L. 97-253, Sec. 156, added par. (5). Subsec. (d)(1). Pub. L. 97-253, Secs. 157, 158, inserted ", which may include a requirement that, at the option of the State agency, such reporting and inquiry commence at the time of application" after "Secretary" in cl. (ii), substituted "ninety days" for "sixty days from the time of the voluntary quit" in cl. (iii), and inserted provision that an employee of the Federal Government, or of a State or political subdivision of a State, who engaged in a strike against the Federal Government, a State or political subdivision of a State and is dismissed from his job because of his participation in the strike shall be considered to have voluntarily quit such job without good cause. Subsec. (d)(2)(C). Pub. L. 97-253, Secs. 159, 190(a), redesignated subpar. (D) as (C), and struck out former subpar. (C) which provided that a person who would otherwise be required to comply with the requirements of par. (1) was exempt if he or she was a parent or other caretaker of a child in a household where there was another able-bodied parent subject to the requirements of this subsection. Subsec. (d)(2)(D) to (F). Pub. L. 97-253, Sec. 190(a), redesignated subpars. (D) to (F) as (C) to (E), respectively. Former subpar. (D) redesignated (C). Subsec. (d)(3), (4). Pub. L. 97-253, Secs. 160, 190(b), redesignated par. (4) as (3), and struck out former par. (3) which provided that to the extent that a State employment service was assigned responsibility for administering the provisions of this subsection, it had to comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations had to be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act and had to take into account the diversity of the needs of the food stamp work registration population. Subsec. (e)(3)(B). Pub. L. 97-253, Sec. 161, substituted "; (B) is not a parent with responsibility for the care of a dependent child under age six;" for "or (B) is not the head of a household (or spouse of such head) containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or". Subsec. (e)(3)(C) to (E). Pub. L. 97-253, Sec. 161, added subpars. (C) and (D) and redesignated former subpar. (C) as (E). Subsec. (g)(2). Pub. L. 97-253, Sec. 189(b)(1), substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare. 1981 - Subsec. (b). Pub. L. 97-35, Sec. 112, substituted provisions setting forth disqualification penalties for fraud and misrepresentation, ineligibility period for benefits, and applicable procedures, for provisions relating to prior fraudulent use of coupons or authorization cards, ineligibility period for benefits, and repayment for fraudulent conduct. Subsec. (c). Pub. L. 97-35, Sec. 108(b), in par. (1) inserted provisions enumerating categories of households subject to requirements, and substituted "(f)" for "(f)(2)", and added par. (4). Subsec. (c)(1). Pub. L. 97-35, Sec. 108(c), struck out provisions respecting election of retrospective accounting system, and filing of periodic reports by household categories. Subsec. (d)(1). Pub. L. 97-98, Secs. 1310, 1311(1), (2), substituted in cl. (i) "twelve" for "six", struck out in cl. (iii) ", unless the household was certified for benefits under this chapter immediately prior to such unemployment" after "without good cause", and inserted in cl. (iv) "(including the lack of adequate child care for children above the age of five and under the age of twelve)" after "good cause". Subsec. (d)(2). Pub. L. 97-98, Sec. 1311(3), (4), inserted in cl. (A) ", in which case, failure by such person to comply with any work requirement to which such person is subject that is comparable to a requirement of paragraph (1) shall be the same as failure to comply with that requirement of paragraph (1)" after "compensation system" and substituted in cl. (B) "six" for "twelve". Subsec. (d)(4). Pub. L. 97-35, Sec. 109(a), inserted provisions relating to an increase in allotments as a result of a decrease in income of striking members of a household, and struck out proviso relating to income qualifications, etc., of subsec. (i). Subsec. (i). Pub. L. 97-35, Sec. 109(c), struck out subsec. (i) which related to eligibility of a household containing a person involved in a labor-management dispute. 1980 - Subsec. (b). Pub. L. 96-249, Sec. 109, inserted provisions permitting each State to decide to proceed against alleged fraud in the program either by way of administrative fraud hearings or by way of reference to appropriate legal authorities for civil or criminal action, or both. Subsec. (c). Pub. L. 96-249, Sec. 110, inserted provisions compelling States electing to use a retrospective accounting system to require that certain categories of households file periodic reports of household circumstances following standards prescribed by the Secretary. Subsec. (d)(2)(D). Pub. L. 96-249, Sec. 140, substituted "enrolled in an institution of higher education shall be ineligible to participate in the food stamp program unless he or she meets the requirements of subsection (e) of this section)" for "shall be subject to the requirements of paragraph (1) of this subsection during any period of more than thirty days when such school or program is in vacation or recess and any such person enrolled in an institution of higher education shall be subject to the requirements of subsection (e)(3)(B) of this section as well)". Subsec. (d)(4). Pub. L. 96-249, Sec. 114, added par. (4). Subsec. (e). Pub. L. 96-249, Sec. 139, substituted requirement that he or she is physically and mentally fit and is between the ages of eighteen and sixty for requirement that he or she has reached his or her eighteenth birthday, inserted requirement that he or she is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, and struck out requirement that he or she is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes. Subsec. (f). Pub. L. 96-249, Sec. 115, inserted provisions requiring that the income (less a pro rata share) and financial resources of the individual rendered ineligible to participate in the food stamp program under this subsection be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member. 1979 - Subsec. (b). Pub. L. 96-58, Sec. 5, provided that, after any specified period of disqualification pursuant to findings under clauses (1) or (2) of this subsection, no disqualified individual would be eligible to participate in the food stamp program unless that individual agreed to a reduction in the allotment of the household of which that individual is a member or to repayment in cash, in accordance with a reasonable schedule as determined by the Secretary that would be sufficient over time to reimburse the Federal Government for the value of the coupons obtained through the fraudulent conduct, and that if any disqualified individual elected repayment in cash under the provisions of the preceding sentence and failed to make payments in accordance with the schedule determined by the Secretary, the household of which that individual was a member would be subject to appropriate allotment reductions. Subsec. (i). Pub. L. 96-58, Sec. 9, added subsec. (i). 1977 - Pub. L. 95-113 substituted revised provisions covering eligibility disqualifications for provisions relating to the issuance, usage, and design of coupons which are now covered by section 2016 of this title. 1976 - Subsecs. (b) to (e). Pub. L. 94-339 added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. 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)(3), 4105, 4108, 4112, 4115(b)(4), and 4131 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. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-171, title IV, Sec. 4121(e), May 13, 2002, 116 Stat. 324, provided that: "The amendments made by this section [amending this section and section 2025 of this title] take effect on the date of enactment of this Act [May 13, 2002]." Amendment by sections 4109, 4115(b)(2) 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 Amendment by section 101(f) [title VIII, Sec. 405(d)(2)(B)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, Sec. 405(f)(2)(B)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1997 AMENDMENT Section 1005(b) of Pub. L. 105-33 provided that: "The amendments made by sections 1001 and 1002 [amending this section and section 2025 of this title] take effect on October 1, 1997, without regard to whether regulations have been promulgated to implement the amendments made by such sections." EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a note under section 1101 of Title 8, Aliens and Nationality. Amendment by section 109(b) of Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. 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, Sept. 1, 1994, see section 13971(b)(4) of Pub. L. 103- 66, set out as a note under section 2025 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 908 [probably should be 907] of Pub. L. 102- 237 effective Sept. 30, 1991, and amendment by section 941(3) of Pub. L. 102-237 effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1), (3) of Pub. L. 102-237, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by 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, see section 1781(a) of Pub. L. 101-624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 202(b), (c) and 404(a)(2)-(4), (b), (d) of Pub. L. 100-435 to be effective and implemented on Oct. 1, 1988, and amendment by section 404(a)(1), (c) of Pub. L. 100-435 to be effective and implemented on July 1, 1989, except that amendment by section 404 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(a), (b)(4), (c)(2) of Pub. L. 100-435, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97-35, except section 108(c) of Pub. L. 97- 35 (which amended this section), 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. Amendments by Pub. L. 97-35, except for amendment made by section 108(c) of 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. Section 108(c) of Pub. L. 97-35 provided that the amendment made by that section is effective Oct. 1, 1983. EFFECTIVE DATE OF 1979 AMENDMENT Secretary of Agriculture to issue final regulations implementing the amendment of subsec. (b) of this section by Pub. L. 96-58 within 150 days after Aug. 14, 1979, see section 10(b) of Pub. L. 96-58, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. REGULATIONS Section 1005(a) of title I of Pub. L. 105-33 provided that: "Not later than 1 year after the date of enactment of this Act [Aug. 5, 1997], the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title [amending this section and sections 2020 and 2025 of this title]." -TRANS- 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. -MISC2- TRANSITION PROVISION FOR WORK REQUIREMENT Pub. L. 104-193, title VIII, Sec. 824(b), Aug. 22, 1996, 110 Stat. 2324, provided that: "The term 'preceding 36-month period' in section 6(o) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2015(o)], as added by subsection (a), does not include, with respect to a State, any period before the earlier of - "(1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or "(2) the date that is 3 months after the date of enactment of this Act [Aug. 22, 1996]." EXEMPTION FROM MONTHLY REPORTING SYSTEMS FOR HOUSEHOLDS RESIDING ON INDIAN RESERVATIONS Section 908(a)(2) of Pub. L. 102-237, as amended by Pub. L. 103- 11, Sec. 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103-205, Sec. 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to exempt households residing on Indian reservations from food stamp program monthly reporting systems until Mar. 15, 1994, and directed Secretary of Agriculture to issue final regulations requiring exemption of households residing on Indian reservations from food stamp program monthly reporting systems no later than Dec. 1, 1992, prior to repeal by Pub. L. 103-225, title I, Sec. 104(a), Mar. 25, 1994, 108 Stat. 107. MANDATORY MONTHLY REPORTING-RETROSPECTIVE BUDGETING FOR FOOD STAMP PROGRAM; PROHIBITION Pub. L. 98-107, Sec. 101(b), Oct. 1, 1983, 97 Stat. 735, provided in part that no part of any of the funds appropriated or otherwise made available by Pub. L. 98-107 or any other Act could be used to implement mandatory monthly reporting-retrospective budgeting for the food stamp program during the first three months of the fiscal year ending Sept. 30, 1984. -FOOTNOTE- (!1) So in original. The word "the" probably should not appear. -End- -CITE- 7 USC Sec. 2016 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2016. Issuance and use of program benefits -STATUTE- (a) In general Except as provided in subsection (i), EBT cards shall be issued only to households which have been duly certified as eligible to participate in the supplemental nutrition assistance program. (b) Use Benefits issued to eligible households shall be used by them only to purchase food in retail food stores which have been approved for participation in the supplemental nutrition assistance program at prices prevailing in such stores: Provided, That nothing in this chapter shall be construed as authorizing the Secretary to specify the prices at which food may be sold by wholesale food concerns or retail food stores. (c) Design (1) In general EBT cards issued to eligible households shall be simple in design and shall include only such words or illustrations as are required to explain their purpose. (2) Prohibition The name of any public official shall not appear on any EBT card. (d) Delivery and control procedures The Secretary shall prescribe appropriate procedures for the delivery of benefits to benefit issuers and for the subsequent controls to be placed over such benefits by benefit issuers in order to ensure adequate accountability. (e) State issuance liability Notwithstanding any other provision of this chapter, the State agency shall be strictly liable to the Secretary for any financial losses involved in the acceptance, storage and issuance of benefits, except that in the case of losses resulting from the issuance and replacement of authorizations for benefits which are sent through the mail, the State agency shall be liable to the Secretary to the extent prescribed in the regulations promulgated by the Secretary. (f) Alternative benefit delivery (1) In general If the Secretary determines, in consultation with the Inspector General of the Department of Agriculture, that it would improve the integrity of the supplemental nutrition assistance program, the Secretary shall require a State agency to issue or deliver benefits using alternative methods. (2) No imposition of costs The cost of documents or systems that may be required by this subsection may not be imposed upon a retail food store participating in the supplemental nutrition assistance program. (3) Devaluation and termination of issuance of paper coupons (A) Coupon issuance Effective on the date of enactment of the Food, Conservation, and Energy Act of 2008, no State shall issue any coupon, stamp, certificate, or authorization card to a household that receives supplemental nutrition assistance under this chapter. (B) EBT cards Effective beginning on the date that is 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, only an EBT card issued under subsection (i) shall be eligible for exchange at any retail food store. (C) De-obligation of coupons Coupons not redeemed during the 1-year period beginning on the date of enactment of the Food, Conservation, and Energy Act of 2008 shall - (i) no longer be an obligation of the Federal Government; and (ii) not be redeemable. (g) Staggered issuance procedures (1) The State agency may establish a procedure for staggering the issuance of benefits to eligible households throughout the month. Upon the request of the tribal organization that exercises governmental jurisdiction over the reservation, the State agency shall stagger the issuance of benefits for eligible households located on reservations for at least 15 days of a month. (2) Requirements. - (A) In general. - Any procedure established under paragraph (1) shall - (i) not reduce the allotment of any household for any period; and (ii) ensure that no household experiences an interval between issuances of more than 40 days. (B) Multiple issuances. - The procedure may include issuing benefits to a household in more than 1 issuance during a month only when a benefit correction is necessary. (h) Electronic benefit transfers (1) In general. - (A) Implementation. - Not later than October 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 2017(a) or 2035 of this title are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. (B) Timely implementation. - Each State agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable. (C) State flexibility. - Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. (D) Operation. - An electronic benefit transfer system should take into account generally accepted standard operating rules based on - (i) commercial electronic funds transfer technology; (ii) the need to permit interstate operation and law enforcement monitoring; and (iii) the need to permit monitoring and investigations by authorized law enforcement agencies. (2) The Secretary shall issue final regulations that establish standards for the approval of such a system. The standards shall include - (A) defining the required level of recipient protection regarding privacy, ease of use, and access to and service in retail food stores; (B) the terms and conditions of participation by retail food stores, financial institutions, and other appropriate parties; (C)(i) measures to maximize the security of a system using the most recent technology available that the State agency considers appropriate and cost effective and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and (ii) effective not later than 2 years after August 22, 1996, to the extent practicable, measures that permit a system to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment; (D) system transaction interchange, reliability, and processing speeds; (E) financial accountability; (F) the required testing of system operations prior to implementation; (G) the analysis of the results of system implementation in a limited project area prior to expansion; and (H) procurement standards. (3) In the case of a system described in paragraph (1) in which participation is not optional for households, the Secretary shall not approve such a system unless - (A) a sufficient number of eligible retail food stores, including those stores able to serve minority language populations, have agreed to participate in the system throughout the area in which it will operate to ensure that eligible households will not suffer a significant reduction in their choice of retail food stores or a significant increase in the cost of food or transportation to participating food stores; and (B) any special equipment necessary to allow households to purchase food with the benefits issued under this chapter is operational - (i) in the case of a participating retail food store in which coupons are used to purchase 15 percent or more of the total dollar amount of food sold by the store (as determined by the Secretary), at all registers in the store; and (ii) in the case of other participating stores, at a sufficient number of registers to provide service that is comparable to service provided individuals who are not members of households receiving supplemental nutrition assistance program benefits, as determined by the Secretary. (4) Administrative costs incurred in connection with activities under this subsection shall be eligible for reimbursement in accordance with section 2025 of this title, subject to the limitations in section 2025(g) of this title. (5) The Secretary shall periodically inform State agencies of the advantages of using electronic benefit systems to issue benefits in accordance with this subsection in lieu of issuing coupons to households. (6) This subsection shall not diminish the authority of the Secretary to conduct projects to test automated or electronic benefit delivery systems under section 2026(f) of this title. (7) Replacement of benefits. - Regulations issued by the Secretary regarding the replacement of benefits and liability for replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paper-based supplemental nutrition assistance issuance system. (8) Replacement card fee. - A State agency may collect a charge for replacement of an electronic benefit transfer card by reducing the monthly allotment of the household receiving the replacement card. (9) Optional photographic identification. - (A) In general. - A State agency may require that an electronic benefit card contain a photograph of 1 or more members of a household. (B) Other authorized users. - If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. (10) Applicable law. - Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 1693b of title 15 shall not apply to benefits under this chapter delivered through any electronic benefit transfer system. (11) Application of anti-tying restrictions to electronic benefit transfer systems. - (A) Definitions. - In this paragraph: (i) Affiliate. - The term "affiliate" has the meaning provided the term in section 1841(k) of title 12. (ii) Company. - The term "company" has the meaning provided the term in section 1971 of title 12, but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. (iii) Electronic benefit transfer service. - The term "electronic benefit transfer service" means the processing of electronic transfers of household benefits, determined under section 2017(a) or 2035 of this title, if the benefits are - (I) issued from and stored in a central databank; (II) electronically accessed by household members at the point of sale; and (III) provided by a Federal or State government. (iv) Point-of-sale service. - The term "point-of-sale service" means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems. (B) Restrictions. - A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer - (i) obtain some additional point-of-sale service from the company or an affiliate of the company; or (ii) not obtain some additional point-of-sale service from a competitor of the company or competitor of any affiliate of the company. (C) Consultation with the federal reserve board. - Before promulgating regulations or interpretations of regulations to carry out this paragraph, the Secretary shall consult with the Board of Governors of the Federal Reserve System. (12) (!1) Recovering electronic benefits. - (A) In general. - A State agency shall establish a procedure for recovering electronic benefits from the account of a household due to inactivity. (B) Benefit storage. - A State agency may store recovered electronic benefits off-line in accordance with subparagraph (D), if the household has not accessed the account after 6 months. (C) Benefit expunging. - A State agency shall expunge benefits that have not been accessed by a household after a period of 12 months. (D) Notice. - A State agency shall - (i) send notice to a household the benefits of which are stored under subparagraph (B); and (ii) not later than 48 hours after request by the household, make the stored benefits available to the household. (12) (!1) Interchange fees. - No interchange fees shall apply to electronic benefit transfer transactions under this subsection. (i) State option to issue benefits to certain individuals made ineligible by welfare reform (1) In general Notwithstanding any other provision of law, a State agency may, with the approval of the Secretary, issue benefits under this chapter to an individual who is ineligible to participate in the supplemental nutrition assistance program solely as a result of section 2015(o)(2) of this title or section 1612 or 1613 of title 8. (2) State payments to Secretary (A) In general Not later than the date the State agency issues benefits to individuals under this subsection, the State agency shall pay the Secretary, in accordance with procedures established by the Secretary, an amount that is equal to - (i) the value of the benefits; and (ii) the costs of issuing and redeeming benefits, and other Federal costs, incurred in providing the benefits, as determined by the Secretary. (B) Crediting Notwithstanding section 3302(b) of title 31, payments received under subparagraph (A) shall be credited to the supplemental nutrition assistance program appropriation account or the account from which the costs were drawn, as appropriate, for the fiscal year in which the payment is received. (3) Reporting To be eligible to issue benefits under this subsection, a State agency shall comply with reporting requirements established by the Secretary to carry out this subsection. (4) Plan To be eligible to issue benefits under this subsection, a State agency shall - (A) submit a plan to the Secretary that describes the conditions and procedures under which the benefits will be issued, including eligibility standards, benefit levels, and the methodology the State agency will use to determine amounts due the Secretary under paragraph (2); and (B) obtain the approval of the Secretary for the plan. (5) Violations A sanction, disqualification, fine, or other penalty prescribed under Federal law (including sections 2021 and 2024 of this title) shall apply to a violation committed in connection with a benefit issued under this subsection. (6) Ineligibility for administrative reimbursement Administrative and other costs incurred in issuing a benefit under this subsection shall not be eligible for Federal funding under this chapter. (7) Exclusion from enhanced payment accuracy systems Section 2025(c) of this title shall not apply to benefits issued under this subsection. (j) Interoperability and portability of electronic benefit transfer transactions (1) Definitions In this subsection: (A) Electronic benefit transfer card The term "electronic benefit transfer card" means a card that provides benefits under this chapter through an electronic benefit transfer service (as defined in subsection (h)(11)(A) of this section). (B) Electronic benefit transfer contract The term "electronic benefit transfer contract" means a contract that provides for the issuance, use, or redemption of program benefits in the form of electronic benefit transfer cards. (C) Interoperability The term "interoperability" means a system that enables program benefits in the form of an electronic benefit transfer card to be redeemed in any State. (D) Interstate transaction The term "interstate transaction" means a transaction that is initiated in 1 State by the use of an electronic benefit transfer card that is issued in another State. (E) Portability The term "portability" means a system that enables program benefits in the form of an electronic benefit transfer card to be used in any State by a household to purchase food at a retail food store or wholesale food concern approved under this chapter. (F) Settling The term "settling" means movement, and reporting such movement, of funds from an electronic benefit transfer card issuer that is located in 1 State to a retail food store, or wholesale food concern, that is located in another State, to accomplish an interstate transaction. (G) Smart card The term "smart card" means an intelligent benefit card described in section 2026(f) of this title. (H) Switching The term "switching" means the routing of an interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in 1 State to the issuer of the card that is in another State. (2) Requirement Not later than October 1, 2002, the Secretary shall ensure that systems that provide for the electronic issuance, use, and redemption of program benefits in the form of electronic benefit transfer cards are interoperable, and supplemental nutrition assistance program benefits are portable, among all States. (3) Cost The cost of achieving the interoperability and portability required under paragraph (2) shall not be imposed on any retail store, or any wholesale food concern, approved to participate in the supplemental nutrition assistance program. (4) Standards Not later than 210 days after February 11, 2000, the Secretary shall promulgate regulations that - (A) adopt a uniform national standard of interoperability and portability required under paragraph (2) that is based on the standard of interoperability and portability used by a majority of State agencies; and (B) require that any electronic benefit transfer contract that is entered into 30 days or more after the regulations are promulgated, by or on behalf of a State agency, provide for the interoperability and portability required under paragraph (2) in accordance with the national standard. (5) Exemptions (A) Contracts The requirements of paragraph (2) shall not apply to the transfer of benefits under an electronic benefit transfer contract before the expiration of the term of the contract if the contract - (i) is entered into before the date that is 30 days after the regulations are promulgated under paragraph (4); and (ii) expires after October 1, 2002. (B) Waiver At the request of a State agency, the Secretary may provide 1 waiver to temporarily exempt, for a period ending on or before the date specified under clause (iii), the State agency from complying with the requirements of paragraph (2), if the State agency - (i) establishes to the satisfaction of the Secretary that the State agency faces unusual technological barriers to achieving by October 1, 2002, the interoperability and portability required under paragraph (2); (ii) demonstrates that the best interest of the supplemental nutrition assistance program would be served by granting the waiver with respect to the electronic benefit transfer system used by the State agency to administer the supplemental nutrition assistance program; and (iii) specifies a date by which the State agency will achieve the interoperability and portability required under paragraph (2). (C) Smart card systems The Secretary shall allow a State agency that is using smart cards for the delivery of supplemental nutrition assistance program benefits to comply with the requirements of paragraph (2) at such time after October 1, 2002, as the Secretary determines that a practicable technological method is available for interoperability with electronic benefit transfer cards. (6) Funding (A) In general In accordance with regulations promulgated by the Secretary, the Secretary shall pay 100 percent of the costs incurred by a State agency under this chapter for switching and settling interstate transactions - (i) incurred after February 11, 2000, and before October 1, 2002, if the State agency uses the standard of interoperability and portability adopted by a majority of State agencies; and (ii) incurred after September 30, 2002, if the State agency uses the uniform national standard of interoperability and portability adopted under paragraph (4)(A). (B) Limitation The total amount paid to State agencies for each fiscal year under subparagraph (A) shall not exceed $500,000. -SOURCE- (Pub. L. 88-525, Sec. 7, Aug. 31, 1964, 78 Stat. 705; Pub. L. 91- 671, Sec. 5, Jan. 11, 1971, 84 Stat. 2050; Pub. L. 93-86, Sec. 3(m), Aug. 10, 1973, 87 Stat. 248; Pub. L. 93-125, Sec. 1(k), Oct. 18, 1973, 87 Stat. 450; Pub. L. 94-339, Sec. 2, July 5, 1976, 90 Stat. 799; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 967; Pub. L. 97-98, title XIII, Sec. 1312, Dec. 22, 1981, 95 Stat. 1285; Pub. L. 97-253, title I, Secs. 162, 190(c)(2), Sept. 8, 1982, 96 Stat. 778, 787; Pub. L. 99-198, title XV, Secs. 1518, 1519, Dec. 23, 1985, 99 Stat. 1578; Pub. L. 100-435, title II, Sec. 203(b), Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101-624, title XVII, Secs. 1728, 1729(a), Nov. 28, 1990, 104 Stat. 3788, 3789; Pub. L. 103-225, title I, Sec. 102, Mar. 25, 1994, 108 Stat. 107; Pub. L. 104-193, title VIII, Sec. 825(a), Aug. 22, 1996, 110 Stat. 2324; Pub. L. 105-18, title VII, [(a)], June 12, 1997, 111 Stat. 216; Pub. L. 106-171, Sec. 3, Feb. 11, 2000, 114 Stat. 3; Pub. L. 107-171, title IV, Sec. 4110, May 13, 2002, 116 Stat. 309; Pub. L. 110-234, title IV, Secs. 4001(b), 4002(a)(4), 4113-4115(a), May 22, 2008, 122 Stat. 1092, 1093, 1103; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4002(a)(4), 4113-4115(a), 122 Stat. 1853, 1854, 1864, 1865.) -REFTEXT- REFERENCES IN TEXT The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (f)(3), is the date of enactment of Pub. L. 110-246, which was approved June 18, 2008. -COD- 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. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 4115(a)(1), substituted "program benefits" for "coupons" in section catchline. Subsec. (a). Pub. L. 110-246, Sec. 4115(a)(1), inserted heading and substituted "Except as provided in subsection (i), EBT cards shall be" for "Coupons shall be printed under such arrangements and in such denominations as may be determined by the Secretary to be necessary, and (except as provided in subsection (j) of this section) shall be". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (b). Pub. L. 110-246, Sec. 4115(a)(2), inserted heading, substituted "Benefits" for "Coupons", and struck out before period at end ": Provided further, That eligible households using coupons to purchase food may receive cash in change therefor so long as the cash received does not equal or exceed the value of the lowest coupon denomination issued". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (c). Pub. L. 110-246, Sec. 4115(a)(3), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, substituted "EBT cards" for "Coupons", struck out "and define their denomination" after "explain their purpose", struck out at end "The name of any public official shall not appear on such coupons.", and added par. (2). Subsec. (d). Pub. L. 110-246, Sec. 4115(a)(4), (12), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to determination and monitoring of coupon inventory levels and certified monthly report on issuer's operations. Subsec. (e). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Pub. L. 110-246, Sec. 4115(a)(5), substituted "benefits" for "coupons" in two places and "benefit issuers" for "coupon issuers" in two places. Subsec. (f). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Pub. L. 110-246, Sec. 4115(a)(6), substituted "issuance of benefits" for "issuance of coupons", "benefit issuers" for "coupon issuer", and "authorizations for benefits" for "authorizations for coupons and allotments" and struck out "including any losses involving failure of a benefit issuers to comply with the requirements specified in section 2020(e)(20) of this title," after "issuance of benefits". Subsec. (g). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Pub. L. 110-246, Sec. 4115(a)(7), added subsec. (g) and struck out former subsec. (g) which related to issuance or delivery of food stamp coupons using alternative methods or issuance of other reusable documents in lieu of coupons by a State agency. Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in two places. Subsec. (h). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). Subsec. (h)(1). Pub. L. 110-246, Sec. 4115(a)(8), substituted "benefits" for "coupons". Subsec. (h)(2). Pub. L. 110-246, Sec. 4113, added par. (2) and struck out former par. (2) which read as follows: "Any procedure established under paragraph (1) shall not reduce the allotment of any household and shall ensure that no household experiences an interval between issuances of more than 40 days. The procedure may include issuing a household's benefits in more than one issuance." Subsec. (i). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(3)(B)(ii). Pub. L. 110-246, Sec. 4002(a)(4)(A)(i), substituted "households receiving supplemental nutrition assistance program benefits" for "food stamp households". Subsec. (i)(7). Pub. L. 110-246, Sec. 4002(a)(4)(A)(ii), substituted "supplemental nutrition assistance issuance" for "food stamp issuance". Subsec. (i)(12). Pub. L. 110-246, Sec. 4115(a)(9), added par. (12) relating to interchange fees. Pub. L. 110-246, Sec. 4114, added par. (12) relating to recovering electronic benefits. Subsec. (j). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i). Subsec. (j)(1). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (j)(2)(A)(ii). Pub. L. 110-246, Sec. 4115(a)(10)(A), substituted "issuing and redeeming benefits" for "printing, shipping, and redeeming coupons". Subsec. (j)(2)(B). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (j)(5). Pub. L. 110-246, Sec. 4115(a)(10)(B), substituted "benefit" for "coupon". Subsec. (k). Pub. L. 110-246, Sec. 4115(a)(12), redesignated subsec. (k) as (j). Subsec. (k)(1)(A). Pub. L. 110-246, Sec. 4115(a)(11)(C), which directed amendment of subpar. (A) by substituting "subsection (h)(11)(A)" for "subsection (i)(11)(A)", was executed by making the substitution in subpar. (A) of par. (1), to reflect the probable intent of Congress. Subsec. (k)(1)(B). Pub. L. 110-246, Sec. 4115(a)(11)(A), substituted "program benefits in the form of" for "coupons in the form of". Subsec. (k)(1)(C), (E). Pub. L. 110-246, Sec. 4115(a)(11)(B), substituted "program benefits in the form of" for "a coupon issued in the form of". Subsec. (k)(2). Pub. L. 110-246, Sec. 4115(a)(11)(A), substituted "program benefits in the form of" for "coupons in the form of". Pub. L. 110-246, Sec. 4002(a)(4)(B)(i), substituted "supplemental nutrition assistance program benefits" for "food stamp benefits". Subsec. (k)(3). Pub. L. 110-246, Sec. 4002(a)(4)(B)(ii), substituted "retail store" for "food stamp retail store". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (k)(5)(B)(ii), (C). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. 2002 - Subsec. (i)(2). Pub. L. 107-171 redesignated subpars. (B) to (I) as (A) to (H), respectively, and struck out former subpar. (A) which read as follows: "determining the cost-effectiveness of the system to ensure that its operational cost, including the pro rata cost of capital expenditures and other reasonable startup costs, does not exceed the operational cost of issuance systems in use prior to the implementation of the electronic benefit transfer system;". 2000 - Subsec. (k). Pub. L. 106-171 added subsec. (k). 1997 - Subsec. (a). Pub. L. 105-18, title VII, [(a)(1)], inserted "(except as provided in subsection (j) of this section)" after "necessary, and". Subsec. (j). Pub. L. 105-18, title VII, [(a)(2)], added subsec. (j). 1996 - Subsec. (i). Pub. L. 104-193, Sec. 825(a)(1), inserted subsec. heading. Subsec. (i)(1). Pub. L. 104-193, Sec. 825(a)(1), added par. (1) and struck out former par. (1) which read as follows: "(1)(A) Any State agency may, with the approval of the Secretary, implement an on-line electronic benefit transfer system in which household benefits determined under section 2017(a) of this title are issued from and stored in a central data bank and electronically accessed by household members at the point-of-sale. "(B) No State agency may implement or expand an electronic benefit transfer system without prior approval from the Secretary." Subsec. (i)(2). Pub. L. 104-193, Sec. 825(a)(2)(A), struck out "effective no later than April 1, 1992," after "regulations" in introductory provisions. Subsec. (i)(2)(A). Pub. L. 104-193, Sec. 825(a)(2)(B), struck out ", in any 1 year," after "does not exceed" and "on-line" before "electronic benefit". Subsec. (i)(2)(D). Pub. L. 104-193, Sec. 825(a)(2)(C), added subpar. (D) and struck out former subpar. (D) which read as follows: "system security;". Subsec. (i)(2)(I). Pub. L. 104-193, Sec. 825(a)(2)(D)-(F), added subpar. (I). Subsec. (i)(7) to (11). Pub. L. 104-193, Sec. 825(a)(3), added pars. (7) to (11). 1994 - Subsec. (h)(1). Pub. L. 103-225 inserted second sentence and struck out former second sentence which read as follows: "The State agency shall establish such a procedure for eligible households residing on reservations." 1990 - Subsec. (h). Pub. L. 101-624, Sec. 1728, amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: "The State agency may implement a procedure for staggering the issuance of coupons to eligible households throughout the entire month: Provided, That the procedure ensures that, in the transition period from other issuance procedures, no eligible household experiences an interval between coupon issuances of more than 40 days, either through regular issuances by the State agency or through supplemental issuances." Subsec. (i). Pub. L. 101-624, Sec. 1729(a), added subsec. (i). 1988 - Subsec. (h). Pub. L. 100-435 struck out par. (1) designation and par. (2) which read as follows: "For any eligible household that applies for participation in the food stamp program during the last fifteen days of a month and is issued benefits within that period, coupons shall be issued for the first full month of participation by the the [sic] eighth day of the first full month of participation." 1985 - Subsec. (g)(1). Pub. L. 99-198, Sec. 1519, substituted "shall" for "may" in provisions preceding subpar. (A). Subsec. (h). Pub. L. 99-198, Sec. 1518, added subsec. (h). 1982 - Subsec. (f). Pub. L. 97-253, Sec. 190(c)(2), substituted reference to section 2020(e)(20) of this title for former reference to section 2020(e)(21) of this title. Subsec. (g). Pub. L. 97-253, Sec. 162, added subsec. (g). 1981 - Subsec. (f). Pub. L. 97-98 substituted "strictly liable" for "responsible" and inserted provision including any losses involving failure of a coupon issuer to comply with the requirements of section 2020(e)(21) of this title, except that in the case of losses resulting from the issuance and replacement of authorizations for coupons and allotments sent through the mail, State agency liability be to the extent prescribed in regulations. 1977 - Pub. L. 95-113 substituted revised provisions relating to issuance and use of coupons for provisions relating to value of the coupon allotment which are now covered by section 2017 of this title. 1976 - Subsec. (d). Pub. L. 94-339 designated existing provisions as par. (1) and added pars. (2) to (7). 1973 - Subsec. (a). Pub. L. 93-125 substituted "for households of a given size unless the increase in the face value" for "for value". Pub. L. 93-86 substituted provisions relating to determination of semiannual adjustments in face value of coupon allotment for provisions relating to determination of annual adjustments in such allotment. 1971 - Subsec. (a). Pub. L. 91-671 substituted provision for issuance of coupon allotment in such amount as the Secretary determines to be the cost of a nutritionally adequate diet, adjusted annually to reflect changes in prices of food published by Bureau of Labor Statistics for prior provision for issuance in such amount as will provide households with an opportunity more nearly to obtain a low-cost nutritionally adequate diet and inserted "any" before "households". Subsec. (b). Pub. L. 91-671 substituted provisions respecting charges to households for coupon allotments representing reasonable investment on part of the households, issuance of coupon allotments without charge where monthly income is less than $30 for a family of four, and election of coupon allotment with a lesser face value than the face value authorized to be issued for prior provision for a charge determined to be equivalent to normal expenditures for food. -CHANGE- CHANGE OF NAME References to a "coupon", "authorization card", or other access device provided under the Food and Nutrition Act of 2008 considered to refer to a "benefit" under that Act, see section 4115(d) of Pub. L. 110-246, set out as a note under section 2012 of this title. -MISC2- 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)(4), and 4113-4115(a) 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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 1990 AMENDMENT Amendment by section 1728 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, and amendment by section 1729 of Pub. L. 101-624 effective Nov. 28, 1990, see section 1781(a), (b)(2) 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 effective Jan. 1, 1989, except with regard to those States not implementing section 203(a) of Pub. L. 100-435 (amending section 2017 of this title), see section 701(b)(3)(B) of Pub. L. 100-435, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENT 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. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. REPORT ON ELECTRONIC BENEFIT TRANSFER SYSTEMS Pub. L. 107-171, title IV, Sec. 4111, May 13, 2002, 116 Stat. 309, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (B), (2)(C), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (B), (2)(C), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "(a) Definition of EBT System. - In this section, the term 'EBT system' means an electronic benefit transfer system used in issuance of benefits under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). "(b) Report. - Not later than October 1, 2003, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that - "(1) describes the status of use by each State agency of EBT systems; "(2) specifies the number of vendors that have entered into a contract for an EBT system with a State agency; "(3)(A) specifies the number of State agencies that have entered into an EBT-system contract with multiple EBT-system vendors; and "(B) describes, for each State agency described in subparagraph (A), how responsibilities are divided among the various vendors; "(4) with respect to any State in which an EBT system is not operational throughout the State as of October 1, 2002 - "(A) provides an explanation of the reasons why an EBT system is not operational throughout the State; "(B) describes how the reasons are being addressed; and "(C) specifies the expected date of operation of an EBT system throughout the State; "(5) provides a description of - "(A) the issues faced by any State agency that has awarded a second EBT-system contract in the 2-year period preceding the date of the report; and "(B) the steps that the State agency has taken to address those issues; "(6) provides a description of - "(A) the issues faced by any State agency that will award a second EBT-system contract within the 2-year period beginning on the date of the report; and "(B) strategies that the State agency is considering to address those issues; "(7) describes initiatives being considered or taken by the Department of Agriculture, food retailers, EBT-system vendors, and client advocates to address any outstanding issues with respect to EBT systems; and "(8) examines areas of potential advances in electronic benefit delivery in the 5- to 10-year period beginning on the date of the report, including - "(A) access to EBT systems at farmers' markets; "(B) increased use of transaction data from EBT systems to identify and prosecute fraud; and "(C) fostering of increased competition among EBT-system vendors to ensure cost containment and optimal service." CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 106-171, Sec. 2, Feb. 11, 2000, 114 Stat. 3, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(A), (D), (2)(F), May 22, 2008, 122 Stat. 1095-1097; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(A), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "The purposes of this Act [amending this section and enacting provisions set out as notes under this section and section 2011 of this title] are - "(1) to protect the integrity of the supplemental nutrition assistance program; "(2) to ensure cost-effective portability of supplemental nutrition assistance program benefits benefits [sic] across State borders without imposing additional administrative expenses for special equipment to address problems relating to the portability; "(3) to enhance the flow of interstate commerce involving electronic transactions involving supplemental nutrition assistance program benefits benefits [sic] under a uniform national standard of interoperability and portability; and "(4) to eliminate the inefficiencies resulting from a patchwork of State-administered systems and regulations established to carry out the supplemental nutrition assistance program." STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC BENEFIT TRANSACTIONS INVOLVING FOOD STAMP BENEFITS Pub. L. 106-171, Sec. 4, Feb. 11, 2000, 114 Stat. 6, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (D), (2)(F), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: "Not later than 1 year after the date of enactment of this Act [Feb. 11, 2000], the Secretary of Agriculture shall study and report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on alternatives for handling interstate electronic benefit transactions involving supplemental nutrition assistance program benefits benefits [sic] provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), including the feasibility and desirability of a single hub for switching (as defined in section 7(k)(1) [now 7(j)(1)] of that Act [7 U.S.C. 2016(j)(1)] (as added by section 3))." SUSPENSION OF STAGGERED ISSUANCE OF FOOD STAMP COUPONS Pub. L. 102-237, title IX, Sec. 908(a)(1), Dec. 13, 1991, 105 Stat. 1886, as amended by Pub. L. 103-11, Sec. 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103-205, Sec. 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to implement 7 U.S.C. 2016(h)(1), regarding staggering of issuance of food stamp coupons, until Mar. 15, 1994, and directed Secretary of Agriculture to issue final regulations requiring staggered issuance of coupons no later than Dec. 1, 1992, prior to repeal by Pub. L. 103-225, title I, Sec. 104(a), Mar. 25, 1994, 108 Stat. 107. FOOD STAMP COUPONS, COST INCREASE SUSPENSION Pub. L. 94-4, Feb. 20, 1975, 89 Stat. 6, provided that notwithstanding the provisions of 7 U.S.C. 2016(b), the charge imposed on any household for a coupon allotment under this chapter after Feb. 20, 1975, and prior to Dec. 30, 1975, could not exceed the charge that would have been imposed on such household for such coupon allotment under rules and regulations promulgated under this chapter and in effect on Jan. 1, 1975. -FOOTNOTE- (!1) So in original. Two pars. (12) have been enacted. -End- -CITE- 7 USC Sec. 2017 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2017. Value of allotment -STATUTE- (a) Calculation The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the supplemental nutrition assistance program shall be equal to the cost to such households of the thrifty food plan reduced by an amount equal to 30 per centum of the household's income, as determined in accordance with section 2014(d) and (e) of this title, rounded to the nearest lower whole dollar: Provided, That for households of one and two persons the minimum allotment shall be 8 percent of the cost of the thrifty food plan for a household containing 1 member, as determined by the Secretary under section 2012 of this title, rounded to the nearest whole dollar increment. (b) Benefits not deemed income or resources for certain purposes The value of benefits that may be provided under this chapter shall not be considered income or resources for any purpose under any Federal, State, or local laws, including, but not limited to, laws relating to taxation, welfare, and public assistance programs, and no participating State or political subdivision thereof shall decrease any assistance otherwise provided an individual or individuals because of the receipt of benefits under this chapter. (c) First month benefits prorated (1) The value of the allotment issued to any eligible household for the initial month or other initial period for which an allotment is issued shall have a value which bears the same ratio to the value of the allotment for a full month or other initial period for which the allotment is issued as the number of days (from the date of application) remaining in the month or other initial period for which the allotment is issued bears to the total number of days in the month or other initial period for which the allotment is issued, except that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10. Households shall receive full months' allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month. (2) As used in this subsection, the term "initial month" means (A) the first month for which an allotment is issued to a household, (B) the first month for which an allotment is issued to a household following any period in which such household was not participating in the supplemental nutrition assistance program under this chapter after the expiration of a certification period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible after notice and an opportunity for a hearing under section 2020(e)(10) of this title, and (C) in the case of a migrant or seasonal farmworker household, the first month for which allotment is issued to a household that applies following any period of more than 30 days in which such household was not participating in the supplemental nutrition assistance program after previous participation in such program. (3) Optional combined allotment for expedited households. - A State agency may provide to an eligible household applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the household for the following month, an allotment that is equal to the total amount of the initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 2020(e)(3) of this title in the case of a household that is not entitled to expedited service and in accordance with paragraphs (3) and (9) of section 2020(e) of this title in the case of a household that is entitled to expedited service. (d) Reduction of public assistance benefits (1) In general If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction - (A) the household may not receive an increased allotment as the result of a decrease in the income of the household to the extent that the decrease is the result of the reduction; and (B) the State agency may reduce the allotment of the household by not more than 25 percent. (2) Rules and procedures If the allotment of a household is reduced under this subsection for a failure to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to reduce the allotment under the supplemental nutrition assistance program. (e) Allotments for households residing in centers (1) In general In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in section 2012(n)(5) of this title, a State agency may provide an allotment for the individual to - (A) the center as an authorized representative of the individual for a period that is less than 1 month; and (B) the individual, if the individual leaves the center. (2) Direct payment A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment. (f) Alternative procedures for residents of certain group facilities (1) In general (A) Applicability (i) In general Subject to clause (ii), at the option of the State agency, allotments for residents of any facility described in subparagraph (B), (C), (D), or (E) of section 2012(n)(5) of this title (referred to in this subsection as a "covered facility") may be determined and issued under this paragraph in lieu of subsection (a) of this section. (ii) Limitation Unless the Secretary authorizes implementation of this paragraph in all States under paragraph (3), clause (i) shall apply only to residents of covered facilities participating in a pilot project under paragraph (2). (B) Amount of allotment The allotment for each eligible resident described in subparagraph (A) shall be calculated in accordance with standardized procedures established by the Secretary that take into account the allotments typically received by residents of covered facilities. (C) Issuance of allotment (i) In general The State agency shall issue an allotment determined under this paragraph to a covered facility as the authorized representative of the residents of the covered facility. (ii) Adjustment The Secretary shall establish procedures to ensure that a covered facility does not receive a greater proportion of a resident's monthly allotment than the proportion of the month during which the resident lived in the covered facility. (D) Departures of residents of covered facilities (i) Notification Any covered facility that receives an allotment for a resident under this paragraph shall - (I) notify the State agency promptly on the departure of the resident; and (II) notify the resident, before the departure of the resident, that the resident - (aa) is eligible for continued benefits under the supplemental nutrition assistance program; and (bb) should contact the State agency concerning continuation of the benefits. (ii) Issuance to departed residents On receiving a notification under clause (i)(I) concerning the departure of a resident, the State agency - (I) shall promptly issue the departed resident an allotment for the days of the month after the departure of the resident (calculated in a manner prescribed by the Secretary) unless the departed resident reapplies to participate in the supplemental nutrition assistance program; and (II) may issue an allotment for the month following the month of the departure (but not any subsequent month) based on this paragraph unless the departed resident reapplies to participate in the supplemental nutrition assistance program. (iii) State option The State agency may elect not to issue an allotment under clause (ii)(I) if the State agency lacks sufficient information on the location of the departed resident to provide the allotment. (iv) Effect of reapplication If the departed resident reapplies to participate in the supplemental nutrition assistance program, the allotment of the departed resident shall be determined without regard to this paragraph. (2) Pilot projects (A) In general Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out, at the request of 1 or more State agencies and in 1 or more areas of the United States, such number of pilot projects as the Secretary determines to be sufficient to test the feasibility of determining and issuing allotments to residents of covered facilities under paragraph (1) in lieu of subsection (a) of this section. (B) Project plan To be eligible to participate in a pilot project under subparagraph (A), a State agency shall submit to the Secretary for approval a project plan that includes - (i) a specification of the covered facilities in the State that will participate in the pilot project; (ii) a schedule for reports to be submitted to the Secretary on the pilot project; (iii) procedures for standardizing allotment amounts that takes into account the allotments typically received by residents of covered facilities; and (iv) a commitment to carry out the pilot project in compliance with the requirements of this subsection other than paragraph (1)(B). (3) Authorization of implementation in all States (A) In general The Secretary shall - (i) determine whether to authorize implementation of paragraph (1) in all States; and (ii) notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the determination. (B) Determination not to authorize implementation in all States (i) In general If the Secretary makes a finding described in clause (ii), the Secretary - (I) shall not authorize implementation of paragraph (1) in all States; and (II) shall terminate all pilot projects under paragraph (2) within a reasonable period of time (as determined by the Secretary). (ii) Finding The finding referred to in clause (i) is that - (I) an insufficient number of project plans that the Secretary determines to be eligible for approval are submitted by State agencies under paragraph (2)(B); or (II)(aa) a sufficient number of pilot projects have been carried out under paragraph (2)(A); and (bb) authorization of implementation of paragraph (1) in all States is not in the best interest of the supplemental nutrition assistance program. -SOURCE- (Pub. L. 88-525, Sec. 8, Aug. 31, 1964, 78 Stat. 705; Pub. L. 95- 113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 968; Pub. L. 97-35, title I, Secs. 104(b), 110, Aug. 13, 1981, 95 Stat. 359, 361; Pub. L. 97-253, title I, Secs. 143(c), 152(b), 163, 164, Sept. 8, 1982, 96 Stat. 773, 776, 778; Pub. L. 99-198, title XV, Sec. 1520, Dec. 23, 1985, 99 Stat. 1578; Pub. L. 100-387, title V, Sec. 502(a), Aug. 11, 1988, 102 Stat. 960; Pub. L. 100-435, title II, Sec. 203(a), Sept. 19, 1988, 102 Stat. 1656; Pub. L. 101-624, title XVII, Secs. 1730, 1732, Nov. 28, 1990, 104 Stat. 3790; Pub. L. 102- 237, title IX, Secs. 909, 910, Dec. 13, 1991, 105 Stat. 1887; Pub. L. 103-66, title XIII, Sec. 13916, Aug. 10, 1993, 107 Stat. 674; Pub. L. 103-296, title I, Sec. 108(f)(1), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 104-193, title VIII, Secs. 826-830, 854(c)(1), Aug. 22, 1996, 110 Stat. 2327, 2342; Pub. L. 107-171, title IV, Sec. 4112(a), (b)(3), May 13, 2002, 116 Stat. 310, 313; Pub. L. 110-234, title IV, Secs. 4001(b), 4107, 4115(b)(5), May 22, 2008, 122 Stat. 1092, 1101, 1106; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4107, 4115(b)(5), June 18, 2008, 122 Stat. 1664, 1853, 1863, 1868.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- 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. -MISC1- AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-246, Sec. 4107, substituted "8 percent of the cost of the thrifty food plan for a household containing 1 member, as determined by the Secretary under section 2012 of this title, rounded to the nearest whole dollar increment" for "$10 per month". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (b). Pub. L. 110-246, Sec. 4115(b)(5)(A), struck out ", whether through coupons, access devices, or otherwise" before "shall not". Subsecs. (c)(2), (d)(2). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (e)(1). Pub. L. 110-246, Sec. 4115(b)(5)(B), substituted "section 2012(n)(5)" for "section 2012(i)(5)" in introductory provisions. Subsec. (f)(1)(A)(i). Pub. L. 110-246, Sec. 4115(b)(5)(B), substituted "section 2012(n)(5)" for "section 2012(i)(5)". Subsec. (f)(1)(D), (3)(B). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. 2002 - Subsec. (e)(1). Pub. L. 107-171, Sec. 4112(b)(3), substituted "section 2012(i)(5) of this title" for "the last sentence of section 2012(i) of this title" in introductory provisions. Subsec. (f). Pub. L. 107-171, Sec. 4112(a), added subsec. (f). 1996 - Subsec. (a). Pub. L. 104-193, Sec. 826, struck out before period at end ", and shall be adjusted on each October 1 to reflect the percentage change in the cost of the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12-month period ending the preceding June, with the result rounded to the nearest $5". Subsec. (c)(2)(B). Pub. L. 104-193, Sec. 827, struck out "of more than one month" after "following any period". Subsec. (c)(3). Pub. L. 104-193, Sec. 828, added par. (3) and struck out former par. (3) which read as follows: "A State agency - "(A) in the case of a household that is not entitled in the month in which it applies to expedited service under section 2020(e)(9) of this title, may provide that an eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraph (3) of section 2020(e) of this title; and "(B) in the case of a household that is entitled in the month in which it applies to expedited service under section 2020(e)(9) of this title, shall provide that an eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraphs (3) and (9) of section 2020(e) of this title." Subsec. (d). Pub. L. 104-193, Sec. 829, added subsec. (d) and struck out former subsec. (d) which read as follows: "A household against which a penalty has been imposed for an intentional failure to comply with a Federal, State, or local law relating to welfare or a public assistance program may not, for the duration of the penalty, receive an increased allotment as the result of a decrease in the household's income (as determined under sections 2014(d) and 2014(e) of this title) to the extent that the decrease is the result of such penalty." Subsec. (e). Pub. L. 104-193, Sec. 854(c)(1), redesignated subsec. (f) as (e) and struck out former subsec. (e) which provided for simplified application procedures for beneficiaries of other programs, and for allotments, evaluation, cost sharing, and standardized procedures and benefits. Subsec. (f). Pub. L. 104-193, Sec. 854(c)(1), redesignated subsec. (f) as (e). Pub. L. 104-193, Sec. 830, added subsec. (f). 1994 - Subsec. (e)(6). Pub. L. 103-296 inserted "the Commissioner of Social Security and" before "the Secretary of Health and Human Services". 1993 - Subsec. (c)(2)(B). Pub. L. 103-66 inserted "of more than one month in" after "following any period". 1991 - Subsec. (b). Pub. L. 102-237, Sec. 909, substituted "benefits that may be provided under this chapter, whether through coupons, access devices, or otherwise" for "the allotment provided any eligible household" and "benefits" for "an allotment". Subsec. (c)(1). Pub. L. 102-237, Sec. 910(1), inserted at end "Households shall receive full months' allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month." Subsec. (c)(2)(B). Pub. L. 102-237, Sec. 910(2), substituted "the expiration of a certification period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible after notice and an opportunity for a hearing under section 2020(e)(10) of this title" for "previous participation in such program". 1990 - Subsec. (a). Pub. L. 101-624, Sec. 1730, inserted before period at end ", and shall be adjusted on each October 1 to reflect the percentage change in the cost of the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12-month period ending the preceding June, with the result rounded to the nearest $5". Subsec. (c)(3). Pub. L. 101-624, Sec. 1732, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "An eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraphs (3) and (9) of section 2020(e) of this title." 1988 - Subsec. (c). Pub. L. 100-387 substituted "(2)" for "and (2)" and added cl. (3). Subsec. (c)(1), (2). Pub. L. 100-435, Sec. 203(a)(1), (2), designated first sentence of subsec. (c) as par. (1) and designated second sentence of subsec. (c) as par. (2), and redesignated cls. (1) to (3) of par. (2) as cls. (A) to (C), respectively. Subsec. (c)(3). Pub. L. 100-435, Sec. 203(a)(3), added par. (3). 1985 - Subsec. (e). Pub. L. 99-198 added subsec. (e). 1982 - Subsec. (a). Pub. L. 97-253, Secs. 143(c), 152(b), substituted "nearest lower whole dollar" for "nearest whole dollar", and struck out provision which required the Secretary, six months after the implementation of the elimination of the charge for allotments and annually thereafter, to report to Congress the effect on participation and cost thereof. Subsec. (c). Pub. L. 97-253, Sec. 163, inserted provision that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10, and substituted "following any period" for "following any period of more than thirty days" in cl. (2). Subsec. (d). Pub. L. 97-253, Sec. 164, added subsec. (d). 1981 - Subsec. (a). Pub. L. 97-35, Sec. 104(b), inserted "(d) and (e)" after "2014". Subsec. (c). Pub. L. 97-35, Sec. 110, added subsec. (c). 1977 - Pub. L. 95-113 substituted revised provisions relating to the value of the coupon allotment for provisions covering approval of retail stores and wholesale food concerns which are now covered by section 2018 of this title. 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), 4107, and 4115(b)(5) 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by 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 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, Sept. 1, 1994, see section 13971(b)(4) 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 section 1730 of Pub. L. 101-624 effective Oct. 1, 1990, and amendment by section 1732 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, see section 1781(a), (b)(1) of Pub. L. 101-624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-435 effective Jan. 1, 1989, and implemented by States by Jan. 1, 1990, see section 701(b)(3)(A) of Pub. L. 100-435, set out as a note under section 2012 of this title. Pub. L. 100-387, title V, Sec. 502(b), Aug. 11, 1988, 102 Stat. 960, as amended by Pub. L. 110-234, title IV, Sec. 4002(b)(1)(B), (2)(JJ), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4002(b)(1)(B), (2)(JJ), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: "(1) The amendments made by this section [amending this section] take effect on the date of enactment of this Act [Aug. 11, 1988]. "(2) The amendments made by this section shall not apply with respect to allotments issued under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.] to any household for any month beginning before the effective period of this section begins." EFFECTIVE DATE OF 1982 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENT 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. 97-35 effective and implemented upon such dates as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97-35, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. -End- -CITE- 7 USC Sec. 2018 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2018. Approval of retail food stores and wholesale food concerns -STATUTE- (a) Applications; qualifications; certificate of approval; periodic reauthorization (1) Regulations issued pursuant to this chapter shall provide for the submission of applications for approval by retail food stores and wholesale food concerns which desire to be authorized to accept and redeem benefits under the supplemental nutrition assistance program and for the approval of those applicants whose participation will effectuate the purposes of the supplemental nutrition assistance program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (A) the nature and extent of the food business conducted by the applicant; (B) the volume of benefit transactions which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (C) the business integrity and reputation of the applicant. Approval of an applicant shall be evidenced by the issuance to such applicant of a nontransferable certificate of approval. No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the supplemental nutrition assistance program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate. (2) The Secretary shall issue regulations providing for - (A) the periodic reauthorization of retail food stores and wholesale food concerns; and (B) periodic notice to participating retail food stores and wholesale food concerns of the definitions of "retail food store", "staple foods", "eligible foods", and "perishable foods". (3) Authorization periods. - The Secretary shall establish specific time periods during which authorization to accept and redeem benefits shall be valid under the supplemental nutrition assistance program. (b) Effective and efficient operation of program; effect of disqualification; posting of bond (1) No wholesale food concern may be authorized to accept and redeem benefits unless the Secretary determines that its participation is required for the effective and efficient operation of the supplemental nutrition assistance program. No co-located wholesale-retail food concern may be authorized to accept and redeem benefits as a retail food store, unless (A) the concern does a substantial level of retail food business, or (B) the Secretary determines that failure to authorize such a food concern as a retail food store would cause hardship to households that receive supplemental nutrition assistance program benefits. In addition, no firm may be authorized to accept and redeem benefits as both a retail food store and as a wholesale food concern at the same time. (2)(A) A buyer or transferee (other than a bona fide buyer or transferee) of a retail food store or wholesale food concern that has been disqualified under section 2021(a) of this title may not accept or redeem benefits until the Secretary receives full payment of any penalty imposed on such store or concern. (B) A buyer or transferee may not, as a result of the sale or transfer of such store or concern, be required to furnish a bond under section 2021(d) of this title. (c) Information submitted by applicants; safeguards; disclosure to and use by State agencies Regulations issued pursuant to this chapter shall require an applicant retail food store or wholesale food concern to submit information, which may include relevant income and sales tax filing documents, which will permit a determination to be made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this chapter or the regulations issued pursuant to this chapter. The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified. Regulations issued pursuant to this chapter shall provide for safeguards which limit the use or disclosure of information obtained under the authority granted by this subsection to purposes directly connected with administration and enforcement of the provisions of this chapter or the regulations issued pursuant to this chapter, except that such information may be disclosed to and used by Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the purposes of administering or enforcing this chapter or any other Federal or State law and the regulations issued under this chapter or such law, and State agencies that administer the special supplemental nutrition program for women, infants and children, authorized under section 17 of the Child Nutrition Act of 1966 [42 U.S.C. 1786], for purposes of administering the provisions of that Act [42 U.S.C. 1771 et seq.] and the regulations issued under that Act. Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law. (d) Hearing upon failure of applicant to receive approval; waiting period for new application Any retail food store or wholesale food concern which has failed upon application to receive approval to participate in the supplemental nutrition assistance program may obtain a hearing on such refusal as provided in section 2023 of this title. A retail food store or wholesale food concern that is denied approval to accept and redeem benefits because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial. (e) Reporting of abuses by public Approved retail food stores shall display a sign providing information on how persons may report abuses they have observed in the operation of the supplemental nutrition assistance program. (f) Limitation on participation of house-to-house trade routes In those areas in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the operation of house-to-house trade routes damages the program's integrity, the Secretary shall limit the participation of house-to-house trade routes to those routes that are reasonably necessary to provide adequate access to households. -SOURCE- (Pub. L. 88-525, Sec. 9, Aug. 31, 1964, 78 Stat. 705; Pub. L. 95- 113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 968; Pub. L. 97-98, title XIII, Secs. 1313, 1314, Dec. 22, 1981, 95 Stat. 1285; Pub. L. 97-253, title I, Sec. 165, Sept. 8, 1982, 96 Stat. 779; Pub. L. 99-198, title XV, Secs. 1521, 1532(b), Dec. 23, 1985, 99 Stat. 1579, 1583; Pub. L. 99-570, title XI, Sec. 11002(d), Oct. 27, 1986, 100 Stat. 3207-168; Pub. L. 101-624, title XVII, Secs. 1733, 1734, Nov. 28, 1990, 104 Stat. 3791; Pub. L. 102-237, title IX, Sec. 941(4), Dec. 13, 1991, 105 Stat. 1892; Pub. L. 103-225, title II, Secs. 202, 203, Mar. 25, 1994, 108 Stat. 108; Pub. L. 103-448, title II, Sec. 204(w)(2)(A), Nov. 2, 1994, 108 Stat. 4746; Pub. L. 104-193, title VIII, Secs. 831-834, Aug. 22, 1996, 110 Stat. 2328; Pub. L. 110-234, title IV, Secs. 4001(b), 4002(a)(5), 4115(b)(6), May 22, 2008, 122 Stat. 1092, 1093, 1106; Pub. L. 110-246, Sec. 4(a), title IV, Secs. 4001(b), 4002(a)(5), 4115(b)(6), June 18, 2008, 122 Stat. 1664, 1853, 1854, 1868.) -REFTEXT- REFERENCES IN TEXT That Act, meaning the Child Nutrition Act of 1966, referred to in subsec. (c), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. -COD- 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. -MISC1- AMENDMENTS 2008 - Subsec. (a)(1). Pub. L. 110-246, Sec. 4115(b)(6)(A), (B)(i), substituted "benefit transactions" for "coupon business" and "benefits" for "coupons". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" wherever appearing. Subsec. (a)(3). Pub. L. 110-246, Sec. 4115(b)(6)(B)(ii), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program." Subsec. (b)(1). Pub. L. 110-246, Sec. 4115(b)(6)(A), substituted "benefits" for "coupons" wherever appearing. Pub. L. 110-246, Sec. 4002(a)(5), substituted "households that receive supplemental nutrition assistance program benefits" for "food stamp households". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (b)(2)(A). Pub. L. 110-246, Sec. 4115(b)(6)(A), substituted "benefits" for "coupons". Subsec. (d). Pub. L. 110-246, Sec. 4115(b)(6)(A), substituted "benefits" for "coupons". Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (e). Pub. L. 110-246, Sec. 4001(b), substituted "supplemental nutrition assistance program" for "food stamp program". Subsec. (g). Pub. L. 110-246, Sec. 4115(b)(6)(C), which directed substitution of "section 2012(k)(9)" for "section 2012(g)(9)" in subsec. (g), could not be executed because subsec. (g) did not appear in text subsequent to its termination. See 1986 Amendment note and Effective and Termination Dates of 1986 Amendment note below. 1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 831, inserted at end "No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate." Subsec. (a)(3). Pub. L. 104-193, Sec. 832, added par. (3). Subsec. (c). Pub. L. 104-193, Sec. 833, in first sentence, inserted ", which may include relevant income and sales tax filing documents," after "submit information" and inserted after first sentence "The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified." Subsec. (d). Pub. L. 104-193, Sec. 834, inserted at end "A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial." 1994 - Subsec. (a)(2). Pub. L. 103-225, Sec. 202, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary is authorized to issue regulations providing for a periodic reauthorization of retail food stores and wholesale food concerns." Subsec. (c). Pub. L. 103-448 in second sentence substituted "special supplemental nutrition program" for "special supplemental food program". Pub. L. 103-225, Sec. 203, in second sentence inserted "Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the purposes of administering or enforcing this chapter or any other Federal or State law and the regulations issued under this chapter or such law, and" after "disclosed to and used by", inserted after second sentence "Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.", and in last sentence substituted "The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit" for "Such purposes shall not exclude". 1991 - Subsec. (a)(1). Pub. L. 102-237 redesignated cls. (1) to (3) as (A) to (C), respectively. 1990 - Subsec. (a). Pub. L. 101-624, Sec. 1733, designated existing provisions as par. (1) and added par. (2). Subsec. (b)(1). Pub. L. 101-624, Sec. 1734, inserted after first sentence "No co-located wholesale-retail food concern may be authorized to accept and redeem coupons as a retail food store, unless (A) the concern does a substantial level of retail food business, or (B) the Secretary determines that failure to authorize such a food concern as a retail food store would cause hardship to food stamp households." 1986 - Subsec. (g). Pub. L. 99-570, Sec. 1102(d), (f)(3), temporarily added subsec. (g) which read as follows: "In an area in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the participation of an establishment or shelter described in section 2012(g)(9) of this title damages the program's integrity, the Secretary shall limit the participation of such establishment or shelter in the food stamp program, unless the establishment or shelter is the only establishment or shelter serving the area." See Effective and Termination Dates of 1986 Amendment note below. 1985 - Subsec. (b). Pub. L. 99-198, Sec. 1532(b), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 99-198, Sec. 1521, inserted provisions relating to disclosure of information to, and the use by, State agencies which administer the special supplemental food program for women, infants, and children, authorized under section 17 of the Child Nutrition Act of 1966. 1982 - Subsec. (f). Pub. L. 97-253 added subsec. (f). 1981 - Subsec. (c). Pub. L. 97-98, Sec. 1313, inserted provision that such purposes not exclude the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law. Subsec. (e). Pub. L. 97-98, Sec. 1314, added subsec. (e). 1977 - Pub. L. 95-113 substituted revised provisions covering approval of retail food stores and wholesale food concerns for provisions relating to redemption of coupons which are now covered by section 2019 of this title. 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)(5), and 4115(b)(6) 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out as a note under section 1755 of Title 42, The Public Health and Welfare. 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 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, see section 1781(a) of Pub. L. 101-624, set out as a note under section 2012 of this title. EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Amendment by Pub. L. 99-570 effective, and to be implemented by issuance of final regulations, not later than Apr. 1, 1987, and cease to be effective after Sept. 30, 1990, see section 11002(f)(1), (2) of Pub. L. 99-570, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENT 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. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. -End- -CITE- 7 USC Sec. 2019 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2019. Redemption of program benefits -STATUTE- Regulations issued pursuant to this chapter shall provide for the redemption of benefits accepted by retail food stores through approved wholesale food concerns or through financial institutions which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or which are insured under the Federal Credit Union Act [12 U.S.C. 1751 et seq.] and have retail food stores or wholesale food concerns in their field of membership, with the cooperation of the Treasury Department, except that retail food stores defined in section 2012(p)(4) of this title shall be authorized to redeem their members' food benefits prior to receipt by the members of the food so purchased, and publicly operated community mental health centers or private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs, public and private nonprofit shelters that prepare and serve meals for battered women and children, and public or private nonprofit group living arrangements that serve meals to disabled or blind residents, shall not be authorized to redeem benefits through financial institutions which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Federal Credit Union Act. Notwithstanding the preceding sentence, a center, organization, institution, shelter, group living arrangement, or establishment described in that sentence may be authorized to redeem benefits through a financial institution described in that sentence if the center, organization, institution, shelter, group living arrangement, or establishment is equipped with 1 or more point-of-sale devices and is operating in an area in which an electronic benefit transfer system described in section 2016(h) of this title has been implemented. No financial institution may impose on or collect from a retail food store a fee or other charge for the redemption of benefits that are submitted to the financial institution in a manner consistent with the requirements, other than any requirements relating to cancellation of benefits, for the presentation of benefits by financial institutions to the Federal Reserve banks. -SOURCE- (Pub. L. 88-525, Sec. 10, Aug. 31, 1964, 78 Stat. 706; Pub. L. 91- 671, Sec. 6, Jan. 11, 1971, 84 Stat. 2051; Pub. L. 92-603, title IV, Sec. 411(c)-(e), Oct. 30, 1972, 86 Stat. 1491; Pub. L. 93-86, Sec. 3(f), (i), (k), Aug. 10, 1973, 87 Stat. 247, 248; Pub. L. 93- 125, Sec. 1(j), Oct. 18, 1973, 87 Stat. 450; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L. 96-58, Sec. 8, Aug. 14, 1979, 93 Stat. 392; Pub. L. 96-249, title I, Sec. 101(b), May 26, 1980, 94 Stat. 357; Pub. L. 97-98, title XIII, Sec. 1315, Dec. 22, 1981, 95 Stat. 1285; Pub. L. 99-198, title XV, Secs. 1501(b), 1522, 1523(a), Dec. 23, 1985, 99 Stat. 1566, 1580; Pub. L. 99-570, title XI, Sec. 11002(e), Oct. 27, 1986, 100 Stat. 3207-168; Pub. L. 107-171, title IV, Sec. 4113(a), May 13, 2002, 116 Stat. 313; Pub. L. 110-234, title IV, Sec. 4115(b)(7), May 22, 2008, 122 Stat. 1107; Pub. L. 110-246, Sec. 4(a), title IV, Sec. 4115(b)(7), June 18, 2008, 122 Stat. 1664, 1868.) -REFTEXT- REFERENCES IN TEXT The Federal Credit Union Act, referred to in text, is act June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified generally to chapter 14 (Sec. 1751 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1751 of Title 12 and Tables. -COD- 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. -MISC1- AMENDMENTS 2008 - Pub. L. 110-246, Sec. 4115(b)(7), in section catchline, substituted "program benefits" for "coupons" and, in text, substituted "section 2012(p)(4)" for "section 2012(k)(4)" and "section 2016(h)" for "section 2016(i)" and substituted "benefits" for "coupons" wherever appearing. 2002 - Pub. L. 107-171 inserted after first sentence "Notwithstanding the preceding sentence, a center, organization, institution, shelter, group living arrangement, or establishment described in that sentence may be authorized to redeem coupons through a financial institution described in that sentence if the center, organization, institution, shelter, group living arrangement, or establishment is equipped with 1 or more point-of- sale devices and is operating in an area in which an electronic benefit transfer system described in section 2016(i) of this title has been implemented." 1986 - Pub. L. 99-570, Sec. 11002(e), (f), temporarily struck out "and" after "battered women and children," and inserted ", and public or private nonprofit establishments, or public or private nonprofit shelters that feed individuals who do not reside in permanent dwellings and individuals who have no fixed mailing addresses". See Effective and Termination Dates of 1986 Amendment note below. 1985 - Pub. L. 99-198, Sec. 1501(b), inserted reference to publicly operated community mental health centers. Pub. L. 99-198, Sec. 1522, inserted ", or which are insured under the Federal Credit Union Act and have retail food stores or wholesale food concerns in their field of membership" and "or the Federal Credit Union Act". Pub. L. 99-198, Sec. 1523(a), inserted sentence providing that no financial institution may impose on or collect from a retail food store a fee or other charge for the redemption of coupons that are submitted to the financial institution in a manner consistent with the requirements, other than any requirements relating to cancellation of coupons, for the presentation of coupons by financial institutions to the Federal Reserve banks. 1981 - Pub. L. 97-98 substituted "financial institutions which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation" for "banks" wherever appearing. 1980 - Pub. L. 96-249 substituted "purchased," for "purchased" and "residents" for "residents," and inserted ", public and private nonprofit shelters that prepare and serve meals for battered women and children" after "programs". 1979 - Pub. L. 96-58 inserted provisions relating to public and private nonprofit group living arrangements that serve meals to disabled or blind residents. 1977 - Pub. L. 95-113 substituted revised provisions covering redemption of coupons for provisions relating to administration of program which are now covered by section 2020 of this title. 1973 - Subsec. (e). Pub. L. 93-86, Sec. 3(i), inserted cls. (6) and (7), designated former cl. (6) as (8), and inserted provision relating to time for submission of plan of operation to Secretary for approval and time for Secretary to make a determination of approval or disapproval of such plan. Subsec. (h). Pub. L. 93-125 inserted "members of" after "the Secretary shall permit". Pub. L. 93-86, Sec. 3(k), inserted provisions authorizing meal purchases from senior citizens' centers, apartment buildings occupied primarily by elderly persons, any public or nonprofit private school which prepares meals especially for elderly persons, any public or nonprofit private eating establishment which prepares meals especially for elderly persons during special hours, and any other public or nonprofit private establishment approved for such purpose by the Secretary. Subsec. (i). Pub. L. 93-86, Sec. 3(f), added subsec. (i). 1972 - Subsec. (c). Pub. L. 92-603, Sec. 411(c), struck out provisions relating to filing of an affidavit by household for certification of eligibility for public assistance. Subsec. (e). Pub. L. 92-603, Sec. 411(d), (e), substituted "prescribed by the Secretary in the regulations issued pursuant to this chapter" for "used by them in the certification of applicants for benefits under the federally aided public assistance programs" in cl. (2), and struck out provisions requiring the State agency to institute procedures under which any household participating in the food stamp program shall be entitled to have the charges for its coupon allotment deducted from grants or payments such household is entitled to receive and have its coupon allotment distributed to it with such grant or payment. 1971 - Subsec. (c). Pub. L. 91-671, Sec. 6(a), inserted provisions respecting certification of eligibility for benefits by execution of an affidavit and duration of validity of a certification upon removal of a household from one political subdivision to another. Subsec. (e). Pub. L. 91-671, Sec. 6(b), substituted "regulations" for "regulation" in second sentence preceding cl. (1) and "from time to time may" for "may from time to time", and added cls. (5) and (6) and provision for withholding in the State plan. Subsec. (h). Pub. L. 91-671, Sec. 6(c), added subsec. (h). 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 section 4115(b)(7) 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. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-171, title IV, Sec. 4113(b), May 13, 2002, 116 Stat. 314, provided that: "The amendment made by this section [amending this section] takes effect on the date of enactment of this Act [May 13, 2002]." EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Amendment by Pub. L. 99-570 effective, and to be implemented by issuance of final regulations, not later than Apr. 1, 1987, and cease to be effective after Sept. 30, 1990, see section 11002(f)(1), (2) of Pub. L. 99-570, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENT 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. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-58 to be implemented in all States by July 1, 1980, but not to affect the rights or liabilities of Secretary, States, and applicant or participant households under provisions of this chapter as in effect on July 1, 1979, until implemented, see section 10(c) of Pub. L. 96-58, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 1301 of Pub. L. 95-113 provided that the amendment made by that section is effective Oct. 1, 1977. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-603 effective Jan. 1, 1973, see section 411(h) of Pub. L. 92-603, set out as a note under section 2012 of this title. -TRANS- TRANSFER OF FUNCTIONS Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101-73, title IV, Secs. 401-406, Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of Title 12, Banks and Banking. -MISC2- PROMULGATION OF REGULATIONS REGARDING CHARGES FOR REDEMPTION OF COUPONS Section 1523(b) of Pub. L. 99-198 provided that: "The Secretary of Agriculture, in consultation with the Board of Governors of the Federal Reserve System, shall issue regulations implementing the amendment made by subsection (a) [amending this section]." PUBLICLY OPERATED COMMUNITY HEALTH CENTERS Provisions of this section concerning private, nonprofit drug addiction or alcoholic treatment and rehabilitation programs to be applicable to publicly operated community health centers, see section 101(b) of Pub. L. 98-107, set out in part as a note under section 2012 of this title. EXTENSION UNTIL OCTOBER 1, 1976, OF FINAL DATE FOR COMPLIANCE WITH REGULATIONS GOVERNING USE OF FOOD STAMPS BY AFDC FAMILIES Pub. L. 94-182, title II, Sec. 201, Dec. 31, 1975, 89 Stat. 1056, permitted the final date for compliance with regulations implementing former subsec. (e)(7) of this section to be extended until Oct. 1, 1976. -End- -CITE- 7 USC Sec. 2020 01/05/2009 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM -HEAD- Sec. 2020. Administration -STATUTE- (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(t)(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 Records described in subparagraph (A) shall - (i) be available for inspection and audit at any reasonable time; (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) of this section and section 2023(b) of this title, and shall take other steps to prevent a recurrence of such errors where such error was caused by the application of State agency practices, rules or procedures inconsistent with the requirements of this chapter or with regulations or policies of the Secretary issued under the authority of this chapter. (c) 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(t)(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(t)(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(t)(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(t)(2) of this title is capable of effectively and efficiently conducting such program, in light of the distance of the reservation from State agency-operated certification and issuance centers, the previous experience of such tribal organization in the operation of programs authorized under the Indian Self-Determination Act (25 U.S.C. 450) and similar Acts of Congress, the tribal organization's management and fiscal capabilities, and the adequacy of measures taken by the tribal organization to ensure that there shall be no discrimination in the operation of the program on the basis of race, color, sex, or national origin, in which event such State agency shall be responsible for conducting such program and submitting for approval a plan of operation specifying the manner in which such program will be conducted. The Secretary, upon the request of a tribal organization, shall provide the designees of such organization with appropriate training and technical assistance to enable them to qualify as expeditiously as possible as a State agency pursuant to section 2012(t)(2) of this title. A State agency, as defined in section 2012(t)(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. - A 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), 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's benefits, the State agency may act immediately to reduce or terminate the household's benefits and may provide notice of its action to the household as late as the date on which the action becomes effective. At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing; (11) upon receipt of a request from a household, for the prompt restoration in the form of 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