Title 7 — Agriculture

Chapter 51 — Supplemental Nutrition Assistance Program

§ 2014. Eligible households

Statutory text

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 subsections (b), (d)(2), (g), and (r) of section 2015 of this title and section 2012(m)(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(m)(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), 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.

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.

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—

the household’s income (after the exclusions and deductions provided for in subsections (d) and (e)) 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

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) but before the deductions provided for in subsection (e)) 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.

Exclusions from income

Household income for purposes of the supplemental nutrition assistance program shall include all income from whatever source excluding only—

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);

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);

all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like—

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;

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

to the extent loans include any origination fees and insurance premiums;

all loans other than educational loans on which repayment is deferred;

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;

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;

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;

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;

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;

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;

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

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;

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;

any payment made to the household under section 3507 1 of title 26 (relating to advance payment of earned income credit);

any payment made to the household under section 2015(d)(4)(I) of this title or a pilot project under section 2025(h)(1)(F) of this title for work related expenses or for dependent care;

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));

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.);

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);

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

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—

is the result of deployment to or service in a combat zone; and

was not received immediately prior to serving in a combat zone.

Deductions from income

Standard deduction

In general

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—

equal to 8.31 percent of the income standard of eligibility established under subsection (c)(1); but

not more than 8.31 percent of the income standard of eligibility established under subsection (c)(1) for a household of 6 members.

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—

for fiscal year 2009, $144, $246, $203, and $127, respectively; and

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.

Guam

In general

The Secretary shall allow a standard deduction for each household in Guam in an amount that is—

equal to 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) for the 48 contiguous States and the District of Columbia; but

not more than 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) for the 48 contiguous States and the District of Columbia for a household of 6 members.

Minimum amount

Notwithstanding clause (i), the standard deduction for each household in Guam shall be not less than—

for fiscal year 2009, $289; and

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.

Earned income deduction

“Earned income” defined

In this paragraph, the term “earned income” does not include—

income excluded by subsection (d); or

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.

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.

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.

Dependent care deduction

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.

Excluded expenses

The excluded expenses referred to in subparagraph (A) are—

expenses paid on behalf of the household by a third party;

amounts made available and excluded, for the expenses referred to in subparagraph (A), under subsection (d)(3); and

expenses that are paid under section 2015(d)(4) of this title or a pilot project under section 2025(h)(1)(F) of this title.

Deduction for child support payments

In general

In lieu of providing an exclusion for legally obligated child support payments made by a household member under subsection (d)(6), a State agency may elect to provide a deduction for the amount of the payments.

Order of determining deductions

A deduction under this paragraph shall be determined before the computation of the excess shelter expense deduction under paragraph (6).

Excess medical expense deduction

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.

Method of claiming deduction

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.

Method

The method described in clause (i) shall—

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;

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

not require further reporting or verification of a change in medical expenses if such a change has been anticipated for the certification period.

Exclusion of medical marijuana

The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes of this paragraph.

Excess shelter expense deduction

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.

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—

for the period beginning on August 22, 1996, and ending on December 31, 1996, $247, $429, $353, $300, and $182 per month, respectively;

for the period beginning on January 1, 1997, and ending on September 30, 1998, $250, $434, $357, $304, and $184 per month, respectively;

for fiscal year 1999, $275, $478, $393, $334, and $203 per month, respectively;

for fiscal year 2000, $280, $483, $398, $339, and $208 per month, respectively;

for fiscal year 2001, $340, $543, $458, $399, and $268 per month, respectively; and

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.

Standard utility allowance

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, subject to clause (iv), except that a State agency may use an allowance that does not fluctuate within a year to reflect seasonal variations.

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—

does not incur a heating or cooling expense, as the case may be;

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

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.

Mandatory allowance

In general

A State agency may make the use of a standard utility allowance mandatory for all households with qualifying utility costs if—

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

the Secretary finds (without regard to subclause (III)) that the standards will not result in an increased cost to the Secretary.

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.

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).

Availability of allowance to recipients of energy assistance

In general

Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households with an elderly or disabled member that received a payment, or on behalf of which a payment was 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 in the current month or in the immediately preceding 12 months, the household either received such a payment, or such a payment was made on behalf of the household, that was greater than $20 annually, as determined by the Secretary.

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.

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.).

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.

Homeless households

Alternative deduction

The State agency shall allow a deduction of $143 a month for households—

in which all members are homeless individuals;

that are not receiving free shelter throughout the month; and

that do not opt to claim an excess shelter expense deduction under subparagraph (A).

Adjustment

For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be 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.

Ineligibility

The State agency may make a household with extremely low shelter costs ineligible for the alternative deduction under clause (i).

Restrictions on internet expenses

Any service fee associated with internet connection shall not be used in computing the excess shelter expense deduction under this paragraph.

Calculation of household income; prospective or retrospective accounting basis; consistency

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.

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.

Simplified determination of deductions.—

In general.—

Except as provided in clause (ii), for the purposes of subsection (e), 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).

Changes that may not be disregarded.—

Under clause (i), a State agency may not disregard—

any reported change of residence; or

under standards prescribed by the Secretary, any change in earned income.

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).

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.

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).

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).

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.

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.

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.

Allowable financial resources

Total amount.—

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)).

Adjustment for inflation.—

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.

Requirement.—

Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period.

Included assets.—

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).

Additional included assets.—

The Secretary shall include in financial resources—

any boat, snowmobile, or airplane used for recreational purposes;

any vacation home;

any mobile home used primarily for vacation purposes;

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

any savings account, regardless of whether there is a penalty for early withdrawal.

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—

used to produce earned income;

necessary for the transportation of a physically disabled household member; or

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.

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.

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 or a pilot project under section 2025(h)(1)(F) 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.

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.

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.

Exclusion of types of financial resources not considered under certain other federal programs.—

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—

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

medical assistance under section 1931 of the Social Security Act (42 U.S.C. 1396u–1).

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—

cash;

licensed vehicles;

amounts in any account in a financial institution that are readily available to the household; or

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.

Exclusion of retirement accounts from allowable financial resources.—

Mandatory exclusions.—

The Secretary shall exclude from financial resources under this subsection the value of—

any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of title 26 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5; and

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.

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).

Exclusion of education accounts from allowable financial resources.—

Mandatory exclusions.—

The Secretary shall exclude from financial resources under this subsection the value of any funds in a qualified tuition program described in section 529 of title 26 or in a Coverdell education savings account under section 530 of that title.

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).

Temporary emergency standards of eligibility; Disaster Task Force; direct assistance to State and local officials

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.

The Secretary shall—

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

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.

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.

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.

Attribution of income and resources to sponsored aliens; coverage, computations, etc.

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.

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:

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;

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) 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

the monthly income attributed to such alien shall be one-twelfth of the amount calculated under clause (ii) of this subparagraph.

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:

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;

the amount determined under clause (i) of this subparagraph shall be reduced by $1,500; and

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.

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.

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.

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) of this title.

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.

Resource exemption for otherwise exempt households

Notwithstanding subsections (a) through (i), 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).

Assistance to third parties included; educational benefits; exceptions

For purposes of subsection (d)(1), 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 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

a benefit payable to the household for housing expenses under—

a State or local general assistance program; or

another basic assistance program comparable to general assistance (as determined by the Secretary).

Paragraph (1) shall not apply to—

medical assistance;

child care assistance;

a payment or allowance described in subsection (d)(11);

assistance provided by a State or local housing authority;

emergency assistance for migrant or seasonal farmworker households during the period such households are in the job stream;

emergency and special assistance, to the extent excluded in regulations prescribed by the Secretary; or

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.

For purposes of subsection (d)(1), 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.

Third party energy assistance payments.—

Energy assistance payments.—

For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(G)) to provide energy assistance to a household without an elderly or disabled member shall be considered money payable directly to the household.

Energy assistance expenses.—

For purposes of subsection (e)(6), an expense paid on behalf of a household with an elderly or disabled member under a State law to provide energy assistance shall be considered an out-of-pocket expense incurred and paid by the household.

Earnings to participants of on-the-job training programs; exception

Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act [29 U.S.C. 3241(a)(2)], earnings to individuals participating in on-the-job training under title I of such Act [29 U.S.C. 3111 et seq.] shall be considered earned income for purposes of the supplemental nutrition assistance program, except for dependents less than 19 years of age.

Simplified calculation of income for the self-employed

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) in lieu of calculating the actual cost of producing self-employment income.

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.

Differences for different types of income

The method submitted by a State under paragraph (1) may differ for different types of self-employment income.

State options to simplify determination of child support payments

Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), 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.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1964
The Food Stamp Act of 1964
Pub. L. 88–525 § 5 · 78 Stat. 703
Enacted · 7 U.S.C. § 2014
Pub. L. 88–525, § 5, Aug. 31, 1964, 78 Stat. 704
Source evidence
Code source credit
Pub. L. 88–525, § 5, Aug. 31, 1964, 78 Stat. 704
Enacted provision · exact public law section
Sec. 5. eligible households (a) Participation in the food stamp program shall be limited to those households whose income is determined to be a substantial limiting factor in the attainment of a nutritionally adequate diet. (b) In complying with the limitation on participation set forth in subsection (a) above, each State agency shall establish standards to determine the eligibility of applicant households. Such standards shall include maximum income limitations consistent with the. income standards used by the State agency in administration of its federally aided public assistance programs. Such standards also shall place a limitation on the resources to be allowed eligible households. The standards of eligibility to be used by each State for the food stamp program shall be subject to the approval of the Secretary.
1971
Pub. L. 91–671 § 4 · 84 Stat. 2048
1. Inserted · 7 U.S.C. § 2014(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
2. Substituted · 7 U.S.C. § 2014(a)
  Pub. L. 91–671 substituted “in permitting them to purchase” for “in the attainment of”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
Sec. 4. Section 5 of the Food Stamp Act of 1964, as amended, is Eligibility standards. 7 USC 2014. amended to read as follows: “Sec. 5. (a) Except for the temporary participation of households that are victims of a disaster as provided in subsection (b) of this section, participation in the food stamp program shall be limited to those households whose income and other financial resources are determined to be substantial limiting factors in permitting them to purchase a nutritionally adequate diet. “(b) The Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall establish uniform national standards of eligibility for participation by households in the food stamp program and no plan of operation submitted by a State agency shall be approved unless the standards of eligibility meet those established by the Secretary. The standards established by the Secretary, at a minimum. shall prescribe the amounts of household income and other financial resources, including both liquid and nonliquid assets, to be used as criteria of eligibility. Any household which includes a member who has reached his eighteenth birthday and who is claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible, household, shall be ineligible to participate in any food stamp program established pursuant to this Act during the tax period such dependency is claimed and for a period of one year after expiration of such tax period. The Secretary may also establish temporary emergency standards of eligibility, without regard to income and other financial resources, for households that are victims of a disaster which disrupted commercial channels of food distribution when he determines that such households are in need of temporary food assistance, and that commercial channels of food distribution have again become available to meet the temporary food needs of such households: Provided, That the Secretary shall in the case of Puerto Rico, Guam, and the Virgin Islands, establish special standards of eligibility and coupon allotment schedules which reflect the average per capita income and cost of obtaining a nutritionally adequate diet in Puerto Rico and the respective territories; except that in no event shall the standards of eligibility or coupon allotment schedules so used exceed those in the fifty States. “(c) Notwithstanding any other provisions of law, the Secretary shall include in the uniform national standards of eligibility to be presented under subsection (b) of this section a provision that each State agency shall provide that a household shall not be eligible for assistance under this Act if it includes an able-bodied adult person between the ages of eighteen and sixty-five (except mothers or other members of the household who have the responsibility of care, of dependent children or of incapacitated adults, bona fide students in any accredited school or training program, or persons employed and working at least 30 hours per week) who either (a) fails to register for employment at a State or Federal employment office or, when impractical, at such other appropriate State or Federal office designated by the Secretary, or (b) has refused to accept employment or public work at not less than (i) the applicable State minimum wage, (ii) the applicable Federal minimum wage, (iii) the applicable wage established by a valid regulation of the Federal Government authorized by existing law to establish such regulations, or (iv) $1.30 per hour if there is no applicable wage as described in (i), (ii), or (iii) above. Refusal to work at a plant or site subject to a strike or a lockout for the duration of such strike or lockout shall not be deemed to be a refusal to accept employment.”
1971
Pub. L. 91–671 § 4 · 84 Stat. 2048
Substituted · 7 U.S.C. § 2014(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 4. Section 5 of the Food Stamp Act of 1964, as amended, is Eligibility standards. 7 USC 2014. amended to read as follows: “Sec. 5. (a) Except for the temporary participation of households that are victims of a disaster as provided in subsection (b) of this section, participation in the food stamp program shall be limited to those households whose income and other financial resources are determined to be substantial limiting factors in permitting them to purchase a nutritionally adequate diet. “(b) The Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall establish uniform national standards of eligibility for participation by households in the food stamp program and no plan of operation submitted by a State agency shall be approved unless the standards of eligibility meet those established by the Secretary. The standards established by the Secretary, at a minimum. shall prescribe the amounts of household income and other financial resources, including both liquid and nonliquid assets, to be used as criteria of eligibility. Any household which includes a member who has reached his eighteenth birthday and who is claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible, household, shall be ineligible to participate in any food stamp program established pursuant to this Act during the tax period such dependency is claimed and for a period of one year after expiration of such tax period. The Secretary may also establish temporary emergency standards of eligibility, without regard to income and other financial resources, for households that are victims of a disaster which disrupted commercial channels of food distribution when he determines that such households are in need of temporary food assistance, and that commercial channels of food distribution have again become available to meet the temporary food needs of such households: Provided, That the Secretary shall in the case of Puerto Rico, Guam, and the Virgin Islands, establish special standards of eligibility and coupon allotment schedules which reflect the average per capita income and cost of obtaining a nutritionally adequate diet in Puerto Rico and the respective territories; except that in no event shall the standards of eligibility or coupon allotment schedules so used exceed those in the fifty States. “(c) Notwithstanding any other provisions of law, the Secretary shall include in the uniform national standards of eligibility to be presented under subsection (b) of this section a provision that each State agency shall provide that a household shall not be eligible for assistance under this Act if it includes an able-bodied adult person between the ages of eighteen and sixty-five (except mothers or other members of the household who have the responsibility of care, of dependent children or of incapacitated adults, bona fide students in any accredited school or training program, or persons employed and working at least 30 hours per week) who either (a) fails to register for employment at a State or Federal employment office or, when impractical, at such other appropriate State or Federal office designated by the Secretary, or (b) has refused to accept employment or public work at not less than (i) the applicable State minimum wage, (ii) the applicable Federal minimum wage, (iii) the applicable wage established by a valid regulation of the Federal Government authorized by existing law to establish such regulations, or (iv) $1.30 per hour if there is no applicable wage as described in (i), (ii), or (iii) above. Refusal to work at a plant or site subject to a strike or a lockout for the duration of such strike or lockout shall not be deemed to be a refusal to accept employment.”
1971
Pub. L. 91–671 § 4 · 84 Stat. 2048
Added · 7 U.S.C. § 2014(c)
Pub. L. 91–671 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–671 added subsec. (c).
Enacted provision · exact public law section
Sec. 4. Section 5 of the Food Stamp Act of 1964, as amended, is Eligibility standards. 7 USC 2014. amended to read as follows: “Sec. 5. (a) Except for the temporary participation of households that are victims of a disaster as provided in subsection (b) of this section, participation in the food stamp program shall be limited to those households whose income and other financial resources are determined to be substantial limiting factors in permitting them to purchase a nutritionally adequate diet. “(b) The Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall establish uniform national standards of eligibility for participation by households in the food stamp program and no plan of operation submitted by a State agency shall be approved unless the standards of eligibility meet those established by the Secretary. The standards established by the Secretary, at a minimum. shall prescribe the amounts of household income and other financial resources, including both liquid and nonliquid assets, to be used as criteria of eligibility. Any household which includes a member who has reached his eighteenth birthday and who is claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible, household, shall be ineligible to participate in any food stamp program established pursuant to this Act during the tax period such dependency is claimed and for a period of one year after expiration of such tax period. The Secretary may also establish temporary emergency standards of eligibility, without regard to income and other financial resources, for households that are victims of a disaster which disrupted commercial channels of food distribution when he determines that such households are in need of temporary food assistance, and that commercial channels of food distribution have again become available to meet the temporary food needs of such households: Provided, That the Secretary shall in the case of Puerto Rico, Guam, and the Virgin Islands, establish special standards of eligibility and coupon allotment schedules which reflect the average per capita income and cost of obtaining a nutritionally adequate diet in Puerto Rico and the respective territories; except that in no event shall the standards of eligibility or coupon allotment schedules so used exceed those in the fifty States. “(c) Notwithstanding any other provisions of law, the Secretary shall include in the uniform national standards of eligibility to be presented under subsection (b) of this section a provision that each State agency shall provide that a household shall not be eligible for assistance under this Act if it includes an able-bodied adult person between the ages of eighteen and sixty-five (except mothers or other members of the household who have the responsibility of care, of dependent children or of incapacitated adults, bona fide students in any accredited school or training program, or persons employed and working at least 30 hours per week) who either (a) fails to register for employment at a State or Federal employment office or, when impractical, at such other appropriate State or Federal office designated by the Secretary, or (b) has refused to accept employment or public work at not less than (i) the applicable State minimum wage, (ii) the applicable Federal minimum wage, (iii) the applicable wage established by a valid regulation of the Federal Government authorized by existing law to establish such regulations, or (iv) $1.30 per hour if there is no applicable wage as described in (i), (ii), or (iii) above. Refusal to work at a plant or site subject to a strike or a lockout for the duration of such strike or lockout shall not be deemed to be a refusal to accept employment.”
1973
Agriculture and Consumer Protection Act of 1973
Pub. L. 93–86 § 3(g) · 87 Stat. 221
Inserted · 7 U.S.C. § 2014(b)
Pub. L. 93–86, § 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
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–86, § 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.
Enacted provision · exact public law section
(g) Section 5(b) is amended by inserting the following before the 84 Stat. 2049. period at the end of the second sentence: “: Provided, That such standards shall take into account payments in kind received from an employer by members of a household, if such payments are in lieu of or supplemental to household income: Provided further, That such payments in kind shall be limited only to housing provided by such employer to such employee and shall be the actual value of such housing but in no event shall such value be considered to be in excess of the sum of $25.00 per month”.
1973
Agriculture and Consumer Protection Act of 1973
Pub. L. 93–86 § 3(e) · 87 Stat. 221
Inserted · 7 U.S.C. § 2014(c)
Pub. L. 93–86, § 3(e), inserted definition of “able-bodied adult person”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–86, § 3(e), inserted definition of “able-bodied adult person”.
Enacted provision · exact public law section
(e) Section 5(c) of the Food Stamp Act of 1964 (7 U.S.C. 2014(c)) 84 Stat. 2050. is amended by adding at the end thereof the following: “For the purposes of this section, the term ‘able-bodied adult person’ shall not include any narcotics addict or alcoholic who regularly participates, as a resident or nonresident, in any drug addiction or alcoholic treatment and rehabilitation program.”
1973
Agriculture and Consumer Protection Act of 1973
Pub. L. 93–86 § 3(d) · 87 Stat. 221
Added · 7 U.S.C. § 2014(d)
Pub. L. 93–86, § 3(d), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–86, § 3(d), added subsec. (d).
Enacted provision · exact public law section
(d) Section 5 of the Food Stamp Act of 1964 (7 U.S.C. 2014) is amended by adding at the end thereof the following new subsection: “(d) The Secretary shall establish uniform national standards of Supra. eligibility for households described in section 3(e)(3) of this Act.”
1977
Food and Agriculture Act of 1977
Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913
1. Substituted · 7 U.S.C. § 2014(a)
  Pub. L. 95–113 substituted reference to a more nutritious diet for reference to a nutritionally adequate diet
2. Inserted · 7 U.S.C. § 2014(a)
  Pub. L. 95–113 inserted provision that assistance under the program be furnished to all eligible households making application for participation
3. Inserted · 7 U.S.C. § 2014(a)
  Pub. L. 95–113 inserted reference to other financial resources held singly or in joint ownership
4. Struck · 7 U.S.C. § 2014(a)
  Pub. L. 95–113 struck out provisions excepting the limitation of the section in the case of disaster victims
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 1301. food stamp act of 1964 amendments Effective October 1, 1977, the Food Stamp Act of 1964, as amended, is amended to read as follows: “Section 1 “short title This Act may be cited as the ‘Food Stamp Act of 1977’. “Sec. 2 “declaration of policy It is hereby 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 hereby 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 food stamp 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. “Sec. 3 “definitions As used in this Act, the term: “(a) ‘Allotment’ means the total value of coupons a household is authorized to receive during each month. “(b) ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the house-hold is entitled to be issued. “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. In the case of a house-hold all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. In the case of all other households the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary. “(d) ‘Coupon’ means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. “(e) ‘Coupon 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 coupons to households. “(f) ‘Drug addiction or alcoholic treatment and rehabilitation program’ means any such program conducted by a private nonprofit organization or institution 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 42 USC 4551 note. 21 USC 1101 note. Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drag Abuse Office and Treatment Act of 1972) as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. “(g) ‘Food’ means (1) any food or food product for home consumption except alcoholic leverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), and (5) 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 under title XVI of the Social Security Act, and their 42 USC 1381. 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 served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, and (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 deter-mines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such house-holds depend to a substantial extent upon hunting and fishing for subsistence. “(h) ‘Food stamp program’ means the program operated pursuant to the provisions of this Act. “(i) ‘Household’ means (1) 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 else pays compensation to the others for such meals, or (2) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption or else live with others and pay compensation to the others for such meals. In neither event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house. For the purposes of this subsection, residents of federally subsidized housing for the elderly and narcotics 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 shall not be considered residents of institutions. “(j) ‘Reservation’ means the geographically defined area or areas over which a tribal organization (as that term is defined in section 3(p) of this Act) exercises governmental jurisdiction. “(k) ‘Retail food store’ means (1) an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume 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, (2) an establishment, organization or program referred to in subsections (g) (3), (4), and (5) of this section, (3) a store purveying the hunting and fishing equipment described in subsection (g) (6) of this section, 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. “(l) ‘Secretary’ means the Secretary of Agriculture. “(m) ‘State’ means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. “(n) ‘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 4(b) of this Act or a food stamp program under section 11(d) of this Act. “(o) ‘Thrifty food plan’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty- four. 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 taking into account economies of scale, (2) make cost adjustments in the thrifty food plan for Alaska and Hawaii to reflect the cost of food in those States, (3) make cost adjustments in the separate thrifty food plans for Guam, Puerto Rico, 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) adjust the cost of such diet every January 1 and July 1 to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the six months ending the preceding September 30 and March 31, respectively. “(p) ‘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 25 USC 450f note. tribe, band, or community holding a treaty with a State government. “Sec. 4. “establishment of the food stamp program (a) Subject to the availability of funds appropriated under Administration. 7 USC 2013. section 18 of this Act, the Secretary is authorized to formulate and administer a food stamp 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. The coupons so received by such households Coupons. shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall lie redeemable at face value by the Secretary through the facilities of the Treasury of the United States. “(b) In jurisdictions where the food stamp program is in operation, Distribution of food. 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. Distribution of commodities, with or without Request by tribal organization. the food stamp program, shall also 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 Administrative costs. 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. “(c) The Secretary shall issue such regulations consistent with this Regulations. Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of the United States Code. In addition, Statement, transmittal to congressional committees. 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. “Sec. 5 “eligible households (a) Participation in the food stamp 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. Assistance under this program shall be furnished to all eligible households who make application for such participation. “(b) The Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, Puerto Rico, 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 food stamp program in accordance with the State plans. 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) The income standards of eligibility shall be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 625 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam, respectively: Provided, That in no event shall the standards of eligibility for Puerto Rico, the Virgin Islands of the United States, or Guam exceed those in the forty-eight contiguous States: Provided further, That the income poverty guidelines for the period commencing July 1, 1978, shall 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 the income poverty guidelines for future periods shall be similarly adjusted. “(d) Household income for purposes of the food stamp 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, (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, (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like to the extent that they are used for tuition and mandatory school fees at an institution of higher education or school for the handicapped, (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, (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, (7) income earned by a child who is a member of the household, who is a student, and who has not attained his eighteenth birthday, (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, 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, and (10) any income that any other law specifically excludes from consideration as income for the purpose of determining eligibility for the food stamp program. “(e) In computing household income, the Secretary shall allow a Standard deduction, allowance. standard deduction of $60 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction determined by the Secretary in accordance with the best available information on the relationship of actual or potential itemized deductions claimed under the food stamp program in those areas to such deductions in the forty-eight contiguous States and the District of Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment. adjusted every July 1 and January 1 to the nearest $5 to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food for the six months ending the preceding March 31 and September 30, respectively. All households with earned income Additional deductions. shall be allowed an additional deduction of 20 per centum of all earned income (other than that excluded by subsection (d) of this section), to compensate for taxes, other mandatory deductions from salary, and work expenses. Households shall also be entitled to (1) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of this subsection, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education which is preparatory for employment, or (2) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed: Provided, That the amount of such Limitation. excess shelter expense deduction shall not exceed $75 a month in the. forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States, amounts determined by the Secretary in accordance with the best available information on the relationship of the actual shelter costs in those areas to such costs in the forty-eight contiguous States and the District of Columbia, adjusted annually (commencing July 1, 1978) to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the twelve-month period ending the preceding March 31, 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. “(f) Household income shall be calculated by the State agency for Calculation by State agency. the purpose of determining household eligibility. The State agency in calculating household income shall take into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income which has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period, except that for (1) those households which 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, income shall be calculated by being averaged over a twelve-month period and (2) those households which receive non excluded income of the type specified in subsection (d)(3) of this section, income shall be calculated by being averaged over the period for which it is provided. “(g) The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible house-hold may own, and shall, in so doing, assure that a household other-wise eligible to participate in the. food stamp program will not be eligible to participate if its resources exceed $1,750, 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. The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value Study, report to congressional committees. of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements 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. “(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, 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 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code. “(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster pro-gram, which shall be available to go into a disaster area and provide direct assistance to State and local officials. “Sec. 6 “eligibility disqualifications (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, 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 food stamp program. “(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review. “(c) No household shall be eligible to participate in the food stamp 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. Every household that is participating in the food stamp program Changes, report to State agency. shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households. “(d) (1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, no household shall be eligible for assistance under this Act if it. includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the household and voluntarily quits any job without good cause, unless the household was certified for benefits under this Act immediately prior to such unemployment: Provided, That the period of ineligibility shall be sixty days from the time of the voluntary quit; or (iv) refuses without good cause to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a) (1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout. “(2) A person who otherwise would be required to comply with the Exemptions. 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; (B) a parent or other member of a household with responsibility for the care of a dependent child under age twelve or of an incapacitated person: (C) a parent or other caretaker of a child in a household where there is another able-bodied parent who is subject to the requirements of this subsection; (D) 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 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); (E) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (F) 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. “(3) To the extent that a State employment service is assigned responsibility for administering the provisions of subsection (d) of this section, it shall comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations shall be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act (42 U.S.C. 630 et. seq.) and shall take into account the diversity of the needs of the food stamp work registration population. “(e) 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) has reached his or her eighteenth birthday, (2) is enrolled at least half time in an institution of higher education, and (3) (A) is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible house-hold or (B) during the regular school year (i) is not employed a minimum of twenty hours per week or is not participating in a federally financed work study program, (ii) does not have weekly earnings which at least equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by twenty hours, (iii) is not registered for work amounting to at least twenty hours per week, (iv) is not the head of a household containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or (v) is not covered by an exemption from the work registration requirement contained in subsection (d) of this section other than clause (D) of paragraph (2) of that subsection. “(f) 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 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 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an alien who has qualified for conditional entry pursuant to section 203(a) (7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity; 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 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)) 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. No aliens other than the. ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. “(g) No individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary 42 USC 1381. 42 USC 1382e. payments described in section 1616 of such Act, 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 87 Stat. 155. 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 and section 212(a) of Public Law 93–66, and (2) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. “(h) No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp 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. “Sec. 7 “issuance and use of coupons (a) Coupons shall be printed under such arrangements and Printing. 7 USC 2016. in such denominations as may be determined by the Secretary to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. “(b) Coupons 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 food stamp program at prices prevailing in such stores: Provided, That nothing in this Act 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: 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. “(c) Coupons issued to eligible households shall be simple in design Design. and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons. “(d) The Secretary shall develop an appropriate procedure for Inventory levels, monitorship. determining and monitoring the level of coupon inventories in the hands of coupon issuers for the purpose of providing that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such issuers). Such procedures shall provide that coupon inventories in the hands of such issuers are not in excess of the reasonable needs of such issuers taking into consideration the ease with which such coupon inventories may be Monthly operations report. resupplied. The Secretary shall require each coupon issuer at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary or the Secretary’s designee, which may include the State agency, a written report of the issuer’s operations during such period. Oath, certification by issuer. In addition to other information deemed by the Secretary to be appropriate, the Secretary shall require that the report contain an oath, or affirmation, signed by the coupon issuer, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon issuer, certifying that the information contained in the report is true and correct to the best of such person’s knowledge and belief. “(e) The Secretary shall prescribe appropriate procedures for the delivery of coupons to coupon issuers and for the subsequent controls to be placed over such coupons by coupon issuers in order to ensure adequate accountability. “(f) Notwithstanding any other provision of this Act, the State agency shall be responsible to the Secretary for any financial losses involved in the acceptance, storage, and issuance of coupons. “Sec. 8 “value of allotment (a) The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp 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 5 of this Act, rounded to the nearest whole dollar: Provided, That for households of one and two persons the minimum Report to Congress. allotment shall be $10 per month. The Secretary shall, six months after the implementation of the elimination of the charge for allotments and annually thereafter, report to Congress the effect on participation and cost of this elimination. “(b) The value of the allotment provided any eligible household 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 an allotment under this Act. “Sec. 9. “approval of retail food stores and wholesale food concerns (a) Regulations issued pursuant to this Act 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 coupons under the food stamp program and for the approval of those applicants whose participation will effectuate the Qualifications. purposes of the food stamp program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (3) the business Certificate. 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. “(b) No wholesale food concern may be authorized to accept and redeem coupons unless the Secretary determines that its participation is required for the effective and efficient operation of the food stamp program. In addition, no firm may be authorized to accept and redeem coupons as both a retail food store and as a wholesale food concern at the same time. “(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information which will permit a determination to lie made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards 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 Act or the regulations issued pursuant to this Act. “(d) Any retail food store or wholesale food concern which has Hearing. failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 14 of this Act. “Sec. 10. “redemption of coupons Regulations issued pursuant to this Act shall provide for 7 USC 2019. the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department, except that retail food stores defined in section 3(k)(4) of this Act shall be authorized to redeem their members’ food coupons prior to receipt by the members of the food so purchased and private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs shall not be authorized to redeem coupons through banks. “Sec. 11. “administration (a) The State agency of each participating State shall 7 USC 2020. assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain Record retention. whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable Inspection and audit. time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this Act. “(b) Certification of a household as eligible in any political subdivision Certification. shall, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remain valid for participation in the food stamp program for a period of sixty days from the date of such removal. “(c) In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs. “(d) The State agency (as defined in section 3(n) (1) of this Act) Plan of operation, approval. of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every politi-cal subdivision. In the case of all or part of an Indian reservation, the State agency as defined in section 3(n) (1) of this Act shall be responsible for conducting such program on such reservation unless the Secretary determines that the State agency (as defined in section 3 (n) (1) of this Act) is failing, subsequent to the enactment of this Act, properly to administer such program on such reservation in accordance with the purposes of this Act and further determines that the State agency as defined in section 3(n) (2) of this Act 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 USC 450f note. (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 Training and assistance. 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 3(n) (2) of Consultation with tribal organization. this Act. A State agency, as defined in section 3(n) (1) of this Act, before it submits its plan of operation to the Secretary for the administration of the food stamp program on all or part of an Indian reservation, shall consult in good faith with the tribal organization about that portion of the State’s plan of operation pertaining to the implementation of the program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation with the tribal organization. “(e) 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) inform low-income households about the availability, eligibility requirements, and benefits of the food stamp program, including, but not limited to, notification to recipients of aid to families with dependent children, supplemental security income, and unemployment compensation, distribution of application forms, and associated instructions in filling out such forms, and on the documentation required pursuant to paragraph (3) of this subsection; (B) not conduct any other outreach activities of a non-informational nature in those areas in which a federally funded community action program is Bilingual personnel and materials. in operation and conducting food stamp outreach; and (C) use appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English; “(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency’s computer system, or other exigencies as determined by the Secretary. Each application form shall contain a description Application form. in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household. The State agency shall comply with the standards established by the Secretary for points and hours of certification, and for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly; “(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of verification only of income other than that determined to be excluded by section 5(d) of this Act and such other eligibility factors as the Secretary determines to be necessary to implement sections 5 and 6 of this Act, 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; “(4) that the State agency shall insure that each participating Certification expiration, notice. Recertification. household receive a notice of expiration of its certification immediately prior to or at the start of the last month of its certification period advising it 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; “(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 5 and 6 of this Act and shall include no additional requirements imposed by the State agency; “(6) that (A) the State agency shall undertake the certification Certification. of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this Act; (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 United States Civil Service Commission pursuant to section 208 of the Intergovernmental Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. relating to the establishment and maintenance of personnel stand- Personnel, training. ards on a merit basis; and (C) the State agency shall undertake to provide a continuing, comprehensive program of training for all personnel undertaking such certification; “(7) that any applicant household may be represented in the certification process and that any eligible household may be represented in coupon issuance or food purchase by a person other than a member of the household so long as that person has been clearly designated as the representative of that household for that purpose by the head of the household or the spouse of the head, and, where the certification process is concerned, the representative is an adult who is sufficiently aware of relevant household circumstances; “(8) safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; “(9) that households in immediate need because of no income as defined in sections 5 (d) and (e) of this Act receive coupons on an expedited basis; “(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of the State agency under any provision of its plan of operation as it affects the participation of such household in the food stamp program or by a claim against the household for an overissuance: Provided, That any household which timely requests such a fair hearing after receiving individual notice of agency action reducing or terminating its benefits within the household’s certification period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action until such time as the fair nearing is completed and an adverse decision rendered or until such time as the household’s certification period terminates, whichever occurs earlier; “(11) for the prompt restoration in the form of coupons to households of any allotment or portion thereof which has been wrongfully denied or terminated; “(12) for the submission of such reports and other information as from time to time may be required by the Secretary; “(13) for compliance with standards set by the Secretary with respect to points and hours of coupon issuance; “(14) for indicators of expected performance in the administration of the program; “(15) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet; and “(16) that the State agency shall specify a plan of operation for providing food stamps for households that are victims of a disaster; that such plan shall include, but not be limited to, procedures for informing the public about the disaster program and how to apply for its benefits, coordination with Federal and private dis-aster 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. “(f) To encourage the purchase of nutritious foods, the Secretary Food and nutrition program, extension. shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants. The program shall be further supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health. “(g) If the Secretary determines that in the administration of the State noncompliance, correction. food stamp program there is a failure by a State agency to comply with any of the provisions of this Act. the regulations issued pursuant to this Act, or the State plan of operation submitted pursuant to subsection (d) of this section, the Secretary shall immediately inform such State agency of such failure and shall allow the State agency a specified period of time for the correction of such failure. If the State agency Injunctive relief. does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(h) If the Secretary determines that there has been negligence or Deposit by States. fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the face value of any coupon or coupons issued as a result of such negligence or fraud. “(i) Notwithstanding any other provision of law, the Secretary and System, development. the Secretary of Health. Education, and Welfare shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2) households in which all members are recipients of 42 USC 601. supplemental security income shall be permitted to apply for participation in the food stamp program by executing a simplified affidavit at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance. shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. “(j) The Secretary, in conjunction with the Secretary of Health, Joint regulations, USDA—HEW. Education, and Welfare, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible. “(k) Subject to the approval of the President, post offices in all or part of the State may issue, upon request by the State agency, food stamps to eligible households. “Sec. 12. “civil money penalties and disqualification of retail food stores and wholesale food concerns Any approved retail food store or wholesale food concern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $5,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act or the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with Review. regulations issued pursuant to this Act. The action of disqualification or the imposition of a civil money penalty shall be subject to review as provided in section 14 of this Act. “Sec. 13. “determination of disposition of claims The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act, including, but not limited to, claims arising from fraudulent and nonfraudulent Delegation of authority. overissuances to recipients. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. “Sec. 14. “administrative and judicial review Whenever an application of a retail food store or wholesale food concern to participate in the food stamp program is denied pursuant to section 9 of this Act, or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of section 12 of this Act, or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 13 of this Act, or a claim against a State agency is stated pursuant to the provisions of section 13 of this Act, notice of such administrative action shall be issued to the retail food store, wholesale, food concern, or State agency involved. Such notice shall be Request for submission of information, filing. delivered by certified mail or personal service. If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request, for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store, concern, or State agency fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such request is made, by such store, concern, or State agency, such information as may be submitted by the store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination which shall be final and which shall take effect thirty days after the date of the delivery or service of such final notice of determination. If the store, Complaint, filing. concern, or State agency feels aggrieved by such final determination, it may obtain judicial review thereof by filing a complaint against the United States in the United States court for the district in which it resides or is engaged in business, or, in the case of a retail food store or wholesale food concern, in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon it, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as the Secretary may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial Stay. review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days’ notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. “Sec. 15. “violations and enforcement (a) Notwithstanding any other provision of this Act, the Coupon redemption. 7 USC 2024. Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. “(b) Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both. or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of section 8 of title 18, United States Code. “(e) Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide the report required under section 7(d) of this Act or of violating the regulations issued under section 7 (d) and (e) of this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(f) Any coupon issuer or any officer, employee, or agent thereof convicted of knowingly providing false information in the report required under section 7(d) of this Act shall be fined not more than $10,000 or imprisoned not more than five years, or both. “Sec. 16. “administrative cost-sharing and quality control (a) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs involved in each State agency’s operation of the food stamp program, which costs shall include, out not be limited to, the cost of (1) outreach, (2) the certification of applicant households, (3) the acceptance, storage, protection, control, and accounting of coupons after their delivery to receiving points within the State, (4) the issuance of coupons to all eligible households, and (5) fair hearings: Provided, That the Secretary is authorized to pay each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further authorized at the Secretary’s discretion to pay any State agency administering the food stamp pro-gram on all or part of an Indian reservation under section 11(d) of this Act such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food stamp program. “(b) The Secretary shall (1) establish standards for the efficient and effective administration of the food stamp program by the States, including, but not limited to, staffing standards such as caseload per certification worker limitations, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant Funds, withholding. to clause (1) of this subsection. If the Secretary finds that a State has failed without good cause to meet any of the Secretary’s standards, or has failed to carry out the approved State plan of operation under section 11(d) of this Act, the Secretary shall withhold from the State such funds authorized under subsections (a) and (c) of this section as the Secretary determines to be appropriate. “(c) Effective October 1, 1978, the Secretary is authorized to adjust a State agency’s federally funded share of administrative costs pursuant to subsection (a) of this section, other than the costs already shared in excess of 50 per centum as described in the exception clause of subsection (a) of this section, by increasing such share to 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rates with respect to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d) (1) of this section is less than five per centum. “(d) Effective October 1, 1978, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsection (c) of this section shall be required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 11(d) of this Act, a quality control plan for the State which shall specify the actions such State proposes to take in order to reduce— “(1) the incidence of error rates in and the value of— “(A) food stamp allotments for households which fail to meet basic program eligibility requirements; “(B) food stamp allotments overissued to eligible households; and “(C) food stamp allotments underissued to eligible households; and “(2) the incidence of invalid decisions in certifying or denying eligibility. “(e) As used in this section ‘quality control’ means monitoring “Quality control.” and reducing the rate of errors in determining basic eligibility and benefit levels. “Sec. 17. “research, demonstration, and evaluations (a) The Secretary may, by way of making contracts with Contracts or grants. 7 USC 2026. or grants to public or private organizations or agencies, undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. “(b) “(1) The Secretary is authorized to conduct on a trial basis, in Pilot projects. one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act, the use of countersigned food coupons or similar identification 42 USC 1381. mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the Waiver. degree necessary for such projects to be conducted, except that no project shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sect ions 5 and 8 of this Act. “(2) The Secretary shall, jointly with the Secretary of Labor, implement Pilot projects. two pilot projects involving the performance of work in return for food stamp benefits in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture, such projects to be (A) appropriately divided in each region between locations that are urban and rural in characteristics and among locations selected to provide a representative cross-section of political subdivisions in the States and (B) submitted for approval prior to project Submittal for approval to congressional committees. implementation, together with the names of the agencies or organizations that will be engaged in such projects, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Under such pilot Eligibility. projects, any person who is subject to the work registration requirements pursuant to section 6(d) of this Act, and is a member of a household that does not have earned income equal to or exceeding the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, shall be ineligible to participate in the food stamp program as a member of any household during any month in which such person refuses, after not being offered employment in the private sector of the economy for more than thirty days after the initial registration for employment referred to in section 6(d) (1) (i) of this Act, to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812), for which employment compensation shall be paid in the form of the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, with each hour of employment entitling the household to a portion of the allotment equal in value to 100 per centum of the Federal minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall not, together with any other hours worked in any other capacity by such person exceed forty hours a week; and which employment shall not be used by the employer to fill a job opening created by the action of such employer in laying off or terminating the employment of any regular employee not supported under this paragraph in anticipation of filling the vacancy so created by hiring an employee or employees to be supported under this paragraph: Provided, That all of the political subdivision’s or prime sponsor’s public service jobs supported under the Comprehensive Employment and Training Act of 1973, as amended 29 USC 801 note. (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to this paragraph: Provided further, That the sponsor of each such project shall provide the assurances required of prime sponsors under section 205(c) (7), (8), (15), (19), and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require such sponsors to comply with the conditions contained in sections 208(a) (1), (4), and (5) and (c) and 703(4) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and Joint reports, issuance to congressional committees. (c) and 983). The Secretary and the Secretary of Labor shall jointly issue reports to the appropriate committees of Congress on the progress of such pilot projects no later than six and twelve months following enactment of this Act, and shall issue a final report describing the results of such pilot projects no later than eighteen months following enactment of this Act. “(c) The Secretary shall develop and implement measures for evaluating, on an annual or more frequent basis, the effectiveness of the food stamp program in achieving its stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and different regions of residence. “(d) Notwithstanding any other provision of law, the Secretary shall, in consultation with the Secretary of the Treasury, conduct a study, through the use of Federal income tax data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food stamp benefits from members of eligible households in which the adjusted gross income of members of such households for a 26 USC 1 et seq. calendar year (as defined by the Internal Revenue Code of 1954) may exceed twice the income poverty guidelines set forth in section 5(c) of this Act. Such study shall be conducted in rural and urban areas Report to congressional committees. Recommendations. only on a voluntary basis by food stamp recipients. The Secretary shall, no later than twelve months and eighteen months from the date of enactment of this Act, report the results of the study to the Committees on Agriculture and Ways and Means of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Finance of the Senate, together with such recommendations as the Secretary deems appropriate. “Sec. 18. “authorization for appropriations (a) To carry out the provisions of this Act, there are 7 USC 2027. hereby authorized to be appropriated not in excess of $5,847,600,000 for the fiscal year ending September 30, 1978; not in excess of $6,158,900,000 for the fiscal year ending September 30, 1979; not in excess of $6,188,600,000 for the fiscal year ending September 30, 1980; and not in excess of $6,235,900,000 for the fiscal year ending September 30, 1981. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 17 of this Act. Stuns appropriated under the provisions of this Act shall, notwithstanding the provisions of any other law, continue to remain available until expended. “(b) In any fiscal year, the Secretary shall limit the value of those Allotment value, limitation. allotments issued to an amount not in excess of the appropriation for such fiscal year. If in any fiscal year the Secretary finds that the requirements of participating States will exceed the limitation set herein, the Secretary shall direct State agencies to reduce the value of such allotments to be issued to households certified as eligible to participate in the food stamp program to the extent necessary to comply with the provisions of this subsection.”
1977
Food and Agriculture Act of 1977
Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913
1. Inserted · 7 U.S.C. § 2014(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
2. Inserted · 7 U.S.C. § 2014(b)
  Pub. L. 95–113 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
3. Struck · 7 U.S.C. § 2014(b)
  Pub. L. 95–113 struck out provisions that had dealt with specific areas of income and financial resources for eligible households. See subsecs. (d) to (h)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
Sec. 1301. food stamp act of 1964 amendments Effective October 1, 1977, the Food Stamp Act of 1964, as amended, is amended to read as follows: “Section 1 “short title This Act may be cited as the ‘Food Stamp Act of 1977’. “Sec. 2 “declaration of policy It is hereby 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 hereby 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 food stamp 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. “Sec. 3 “definitions As used in this Act, the term: “(a) ‘Allotment’ means the total value of coupons a household is authorized to receive during each month. “(b) ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the house-hold is entitled to be issued. “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. In the case of a house-hold all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. In the case of all other households the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary. “(d) ‘Coupon’ means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. “(e) ‘Coupon 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 coupons to households. “(f) ‘Drug addiction or alcoholic treatment and rehabilitation program’ means any such program conducted by a private nonprofit organization or institution 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 42 USC 4551 note. 21 USC 1101 note. Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drag Abuse Office and Treatment Act of 1972) as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. “(g) ‘Food’ means (1) any food or food product for home consumption except alcoholic leverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), and (5) 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 under title XVI of the Social Security Act, and their 42 USC 1381. 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 served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, and (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 deter-mines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such house-holds depend to a substantial extent upon hunting and fishing for subsistence. “(h) ‘Food stamp program’ means the program operated pursuant to the provisions of this Act. “(i) ‘Household’ means (1) 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 else pays compensation to the others for such meals, or (2) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption or else live with others and pay compensation to the others for such meals. In neither event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house. For the purposes of this subsection, residents of federally subsidized housing for the elderly and narcotics 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 shall not be considered residents of institutions. “(j) ‘Reservation’ means the geographically defined area or areas over which a tribal organization (as that term is defined in section 3(p) of this Act) exercises governmental jurisdiction. “(k) ‘Retail food store’ means (1) an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume 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, (2) an establishment, organization or program referred to in subsections (g) (3), (4), and (5) of this section, (3) a store purveying the hunting and fishing equipment described in subsection (g) (6) of this section, 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. “(l) ‘Secretary’ means the Secretary of Agriculture. “(m) ‘State’ means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. “(n) ‘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 4(b) of this Act or a food stamp program under section 11(d) of this Act. “(o) ‘Thrifty food plan’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty- four. 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 taking into account economies of scale, (2) make cost adjustments in the thrifty food plan for Alaska and Hawaii to reflect the cost of food in those States, (3) make cost adjustments in the separate thrifty food plans for Guam, Puerto Rico, 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) adjust the cost of such diet every January 1 and July 1 to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the six months ending the preceding September 30 and March 31, respectively. “(p) ‘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 25 USC 450f note. tribe, band, or community holding a treaty with a State government. “Sec. 4. “establishment of the food stamp program (a) Subject to the availability of funds appropriated under Administration. 7 USC 2013. section 18 of this Act, the Secretary is authorized to formulate and administer a food stamp 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. The coupons so received by such households Coupons. shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall lie redeemable at face value by the Secretary through the facilities of the Treasury of the United States. “(b) In jurisdictions where the food stamp program is in operation, Distribution of food. 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. Distribution of commodities, with or without Request by tribal organization. the food stamp program, shall also 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 Administrative costs. 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. “(c) The Secretary shall issue such regulations consistent with this Regulations. Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of the United States Code. In addition, Statement, transmittal to congressional committees. 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. “Sec. 5 “eligible households (a) Participation in the food stamp 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. Assistance under this program shall be furnished to all eligible households who make application for such participation. “(b) The Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, Puerto Rico, 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 food stamp program in accordance with the State plans. 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) The income standards of eligibility shall be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 625 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam, respectively: Provided, That in no event shall the standards of eligibility for Puerto Rico, the Virgin Islands of the United States, or Guam exceed those in the forty-eight contiguous States: Provided further, That the income poverty guidelines for the period commencing July 1, 1978, shall 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 the income poverty guidelines for future periods shall be similarly adjusted. “(d) Household income for purposes of the food stamp 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, (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, (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like to the extent that they are used for tuition and mandatory school fees at an institution of higher education or school for the handicapped, (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, (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, (7) income earned by a child who is a member of the household, who is a student, and who has not attained his eighteenth birthday, (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, 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, and (10) any income that any other law specifically excludes from consideration as income for the purpose of determining eligibility for the food stamp program. “(e) In computing household income, the Secretary shall allow a Standard deduction, allowance. standard deduction of $60 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction determined by the Secretary in accordance with the best available information on the relationship of actual or potential itemized deductions claimed under the food stamp program in those areas to such deductions in the forty-eight contiguous States and the District of Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment. adjusted every July 1 and January 1 to the nearest $5 to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food for the six months ending the preceding March 31 and September 30, respectively. All households with earned income Additional deductions. shall be allowed an additional deduction of 20 per centum of all earned income (other than that excluded by subsection (d) of this section), to compensate for taxes, other mandatory deductions from salary, and work expenses. Households shall also be entitled to (1) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of this subsection, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education which is preparatory for employment, or (2) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed: Provided, That the amount of such Limitation. excess shelter expense deduction shall not exceed $75 a month in the. forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States, amounts determined by the Secretary in accordance with the best available information on the relationship of the actual shelter costs in those areas to such costs in the forty-eight contiguous States and the District of Columbia, adjusted annually (commencing July 1, 1978) to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the twelve-month period ending the preceding March 31, 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. “(f) Household income shall be calculated by the State agency for Calculation by State agency. the purpose of determining household eligibility. The State agency in calculating household income shall take into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income which has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period, except that for (1) those households which 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, income shall be calculated by being averaged over a twelve-month period and (2) those households which receive non excluded income of the type specified in subsection (d)(3) of this section, income shall be calculated by being averaged over the period for which it is provided. “(g) The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible house-hold may own, and shall, in so doing, assure that a household other-wise eligible to participate in the. food stamp program will not be eligible to participate if its resources exceed $1,750, 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. The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value Study, report to congressional committees. of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements 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. “(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, 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 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code. “(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster pro-gram, which shall be available to go into a disaster area and provide direct assistance to State and local officials. “Sec. 6 “eligibility disqualifications (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, 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 food stamp program. “(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review. “(c) No household shall be eligible to participate in the food stamp 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. Every household that is participating in the food stamp program Changes, report to State agency. shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households. “(d) (1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, no household shall be eligible for assistance under this Act if it. includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the household and voluntarily quits any job without good cause, unless the household was certified for benefits under this Act immediately prior to such unemployment: Provided, That the period of ineligibility shall be sixty days from the time of the voluntary quit; or (iv) refuses without good cause to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a) (1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout. “(2) A person who otherwise would be required to comply with the Exemptions. 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; (B) a parent or other member of a household with responsibility for the care of a dependent child under age twelve or of an incapacitated person: (C) a parent or other caretaker of a child in a household where there is another able-bodied parent who is subject to the requirements of this subsection; (D) 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 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); (E) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (F) 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. “(3) To the extent that a State employment service is assigned responsibility for administering the provisions of subsection (d) of this section, it shall comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations shall be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act (42 U.S.C. 630 et. seq.) and shall take into account the diversity of the needs of the food stamp work registration population. “(e) 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) has reached his or her eighteenth birthday, (2) is enrolled at least half time in an institution of higher education, and (3) (A) is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible house-hold or (B) during the regular school year (i) is not employed a minimum of twenty hours per week or is not participating in a federally financed work study program, (ii) does not have weekly earnings which at least equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by twenty hours, (iii) is not registered for work amounting to at least twenty hours per week, (iv) is not the head of a household containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or (v) is not covered by an exemption from the work registration requirement contained in subsection (d) of this section other than clause (D) of paragraph (2) of that subsection. “(f) 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 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 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an alien who has qualified for conditional entry pursuant to section 203(a) (7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity; 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 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)) 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. No aliens other than the. ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. “(g) No individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary 42 USC 1381. 42 USC 1382e. payments described in section 1616 of such Act, 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 87 Stat. 155. 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 and section 212(a) of Public Law 93–66, and (2) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. “(h) No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp 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. “Sec. 7 “issuance and use of coupons (a) Coupons shall be printed under such arrangements and Printing. 7 USC 2016. in such denominations as may be determined by the Secretary to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. “(b) Coupons 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 food stamp program at prices prevailing in such stores: Provided, That nothing in this Act 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: 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. “(c) Coupons issued to eligible households shall be simple in design Design. and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons. “(d) The Secretary shall develop an appropriate procedure for Inventory levels, monitorship. determining and monitoring the level of coupon inventories in the hands of coupon issuers for the purpose of providing that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such issuers). Such procedures shall provide that coupon inventories in the hands of such issuers are not in excess of the reasonable needs of such issuers taking into consideration the ease with which such coupon inventories may be Monthly operations report. resupplied. The Secretary shall require each coupon issuer at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary or the Secretary’s designee, which may include the State agency, a written report of the issuer’s operations during such period. Oath, certification by issuer. In addition to other information deemed by the Secretary to be appropriate, the Secretary shall require that the report contain an oath, or affirmation, signed by the coupon issuer, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon issuer, certifying that the information contained in the report is true and correct to the best of such person’s knowledge and belief. “(e) The Secretary shall prescribe appropriate procedures for the delivery of coupons to coupon issuers and for the subsequent controls to be placed over such coupons by coupon issuers in order to ensure adequate accountability. “(f) Notwithstanding any other provision of this Act, the State agency shall be responsible to the Secretary for any financial losses involved in the acceptance, storage, and issuance of coupons. “Sec. 8 “value of allotment (a) The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp 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 5 of this Act, rounded to the nearest whole dollar: Provided, That for households of one and two persons the minimum Report to Congress. allotment shall be $10 per month. The Secretary shall, six months after the implementation of the elimination of the charge for allotments and annually thereafter, report to Congress the effect on participation and cost of this elimination. “(b) The value of the allotment provided any eligible household 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 an allotment under this Act. “Sec. 9. “approval of retail food stores and wholesale food concerns (a) Regulations issued pursuant to this Act 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 coupons under the food stamp program and for the approval of those applicants whose participation will effectuate the Qualifications. purposes of the food stamp program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (3) the business Certificate. 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. “(b) No wholesale food concern may be authorized to accept and redeem coupons unless the Secretary determines that its participation is required for the effective and efficient operation of the food stamp program. In addition, no firm may be authorized to accept and redeem coupons as both a retail food store and as a wholesale food concern at the same time. “(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information which will permit a determination to lie made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards 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 Act or the regulations issued pursuant to this Act. “(d) Any retail food store or wholesale food concern which has Hearing. failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 14 of this Act. “Sec. 10. “redemption of coupons Regulations issued pursuant to this Act shall provide for 7 USC 2019. the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department, except that retail food stores defined in section 3(k)(4) of this Act shall be authorized to redeem their members’ food coupons prior to receipt by the members of the food so purchased and private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs shall not be authorized to redeem coupons through banks. “Sec. 11. “administration (a) The State agency of each participating State shall 7 USC 2020. assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain Record retention. whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable Inspection and audit. time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this Act. “(b) Certification of a household as eligible in any political subdivision Certification. shall, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remain valid for participation in the food stamp program for a period of sixty days from the date of such removal. “(c) In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs. “(d) The State agency (as defined in section 3(n) (1) of this Act) Plan of operation, approval. of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every politi-cal subdivision. In the case of all or part of an Indian reservation, the State agency as defined in section 3(n) (1) of this Act shall be responsible for conducting such program on such reservation unless the Secretary determines that the State agency (as defined in section 3 (n) (1) of this Act) is failing, subsequent to the enactment of this Act, properly to administer such program on such reservation in accordance with the purposes of this Act and further determines that the State agency as defined in section 3(n) (2) of this Act 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 USC 450f note. (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 Training and assistance. 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 3(n) (2) of Consultation with tribal organization. this Act. A State agency, as defined in section 3(n) (1) of this Act, before it submits its plan of operation to the Secretary for the administration of the food stamp program on all or part of an Indian reservation, shall consult in good faith with the tribal organization about that portion of the State’s plan of operation pertaining to the implementation of the program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation with the tribal organization. “(e) 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) inform low-income households about the availability, eligibility requirements, and benefits of the food stamp program, including, but not limited to, notification to recipients of aid to families with dependent children, supplemental security income, and unemployment compensation, distribution of application forms, and associated instructions in filling out such forms, and on the documentation required pursuant to paragraph (3) of this subsection; (B) not conduct any other outreach activities of a non-informational nature in those areas in which a federally funded community action program is Bilingual personnel and materials. in operation and conducting food stamp outreach; and (C) use appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English; “(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency’s computer system, or other exigencies as determined by the Secretary. Each application form shall contain a description Application form. in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household. The State agency shall comply with the standards established by the Secretary for points and hours of certification, and for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly; “(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of verification only of income other than that determined to be excluded by section 5(d) of this Act and such other eligibility factors as the Secretary determines to be necessary to implement sections 5 and 6 of this Act, 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; “(4) that the State agency shall insure that each participating Certification expiration, notice. Recertification. household receive a notice of expiration of its certification immediately prior to or at the start of the last month of its certification period advising it 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; “(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 5 and 6 of this Act and shall include no additional requirements imposed by the State agency; “(6) that (A) the State agency shall undertake the certification Certification. of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this Act; (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 United States Civil Service Commission pursuant to section 208 of the Intergovernmental Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. relating to the establishment and maintenance of personnel stand- Personnel, training. ards on a merit basis; and (C) the State agency shall undertake to provide a continuing, comprehensive program of training for all personnel undertaking such certification; “(7) that any applicant household may be represented in the certification process and that any eligible household may be represented in coupon issuance or food purchase by a person other than a member of the household so long as that person has been clearly designated as the representative of that household for that purpose by the head of the household or the spouse of the head, and, where the certification process is concerned, the representative is an adult who is sufficiently aware of relevant household circumstances; “(8) safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; “(9) that households in immediate need because of no income as defined in sections 5 (d) and (e) of this Act receive coupons on an expedited basis; “(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of the State agency under any provision of its plan of operation as it affects the participation of such household in the food stamp program or by a claim against the household for an overissuance: Provided, That any household which timely requests such a fair hearing after receiving individual notice of agency action reducing or terminating its benefits within the household’s certification period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action until such time as the fair nearing is completed and an adverse decision rendered or until such time as the household’s certification period terminates, whichever occurs earlier; “(11) for the prompt restoration in the form of coupons to households of any allotment or portion thereof which has been wrongfully denied or terminated; “(12) for the submission of such reports and other information as from time to time may be required by the Secretary; “(13) for compliance with standards set by the Secretary with respect to points and hours of coupon issuance; “(14) for indicators of expected performance in the administration of the program; “(15) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet; and “(16) that the State agency shall specify a plan of operation for providing food stamps for households that are victims of a disaster; that such plan shall include, but not be limited to, procedures for informing the public about the disaster program and how to apply for its benefits, coordination with Federal and private dis-aster 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. “(f) To encourage the purchase of nutritious foods, the Secretary Food and nutrition program, extension. shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants. The program shall be further supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health. “(g) If the Secretary determines that in the administration of the State noncompliance, correction. food stamp program there is a failure by a State agency to comply with any of the provisions of this Act. the regulations issued pursuant to this Act, or the State plan of operation submitted pursuant to subsection (d) of this section, the Secretary shall immediately inform such State agency of such failure and shall allow the State agency a specified period of time for the correction of such failure. If the State agency Injunctive relief. does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(h) If the Secretary determines that there has been negligence or Deposit by States. fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the face value of any coupon or coupons issued as a result of such negligence or fraud. “(i) Notwithstanding any other provision of law, the Secretary and System, development. the Secretary of Health. Education, and Welfare shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2) households in which all members are recipients of 42 USC 601. supplemental security income shall be permitted to apply for participation in the food stamp program by executing a simplified affidavit at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance. shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. “(j) The Secretary, in conjunction with the Secretary of Health, Joint regulations, USDA—HEW. Education, and Welfare, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible. “(k) Subject to the approval of the President, post offices in all or part of the State may issue, upon request by the State agency, food stamps to eligible households. “Sec. 12. “civil money penalties and disqualification of retail food stores and wholesale food concerns Any approved retail food store or wholesale food concern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $5,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act or the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with Review. regulations issued pursuant to this Act. The action of disqualification or the imposition of a civil money penalty shall be subject to review as provided in section 14 of this Act. “Sec. 13. “determination of disposition of claims The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act, including, but not limited to, claims arising from fraudulent and nonfraudulent Delegation of authority. overissuances to recipients. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. “Sec. 14. “administrative and judicial review Whenever an application of a retail food store or wholesale food concern to participate in the food stamp program is denied pursuant to section 9 of this Act, or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of section 12 of this Act, or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 13 of this Act, or a claim against a State agency is stated pursuant to the provisions of section 13 of this Act, notice of such administrative action shall be issued to the retail food store, wholesale, food concern, or State agency involved. Such notice shall be Request for submission of information, filing. delivered by certified mail or personal service. If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request, for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store, concern, or State agency fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such request is made, by such store, concern, or State agency, such information as may be submitted by the store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination which shall be final and which shall take effect thirty days after the date of the delivery or service of such final notice of determination. If the store, Complaint, filing. concern, or State agency feels aggrieved by such final determination, it may obtain judicial review thereof by filing a complaint against the United States in the United States court for the district in which it resides or is engaged in business, or, in the case of a retail food store or wholesale food concern, in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon it, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as the Secretary may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial Stay. review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days’ notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. “Sec. 15. “violations and enforcement (a) Notwithstanding any other provision of this Act, the Coupon redemption. 7 USC 2024. Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. “(b) Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both. or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of section 8 of title 18, United States Code. “(e) Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide the report required under section 7(d) of this Act or of violating the regulations issued under section 7 (d) and (e) of this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(f) Any coupon issuer or any officer, employee, or agent thereof convicted of knowingly providing false information in the report required under section 7(d) of this Act shall be fined not more than $10,000 or imprisoned not more than five years, or both. “Sec. 16. “administrative cost-sharing and quality control (a) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs involved in each State agency’s operation of the food stamp program, which costs shall include, out not be limited to, the cost of (1) outreach, (2) the certification of applicant households, (3) the acceptance, storage, protection, control, and accounting of coupons after their delivery to receiving points within the State, (4) the issuance of coupons to all eligible households, and (5) fair hearings: Provided, That the Secretary is authorized to pay each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further authorized at the Secretary’s discretion to pay any State agency administering the food stamp pro-gram on all or part of an Indian reservation under section 11(d) of this Act such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food stamp program. “(b) The Secretary shall (1) establish standards for the efficient and effective administration of the food stamp program by the States, including, but not limited to, staffing standards such as caseload per certification worker limitations, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant Funds, withholding. to clause (1) of this subsection. If the Secretary finds that a State has failed without good cause to meet any of the Secretary’s standards, or has failed to carry out the approved State plan of operation under section 11(d) of this Act, the Secretary shall withhold from the State such funds authorized under subsections (a) and (c) of this section as the Secretary determines to be appropriate. “(c) Effective October 1, 1978, the Secretary is authorized to adjust a State agency’s federally funded share of administrative costs pursuant to subsection (a) of this section, other than the costs already shared in excess of 50 per centum as described in the exception clause of subsection (a) of this section, by increasing such share to 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rates with respect to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d) (1) of this section is less than five per centum. “(d) Effective October 1, 1978, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsection (c) of this section shall be required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 11(d) of this Act, a quality control plan for the State which shall specify the actions such State proposes to take in order to reduce— “(1) the incidence of error rates in and the value of— “(A) food stamp allotments for households which fail to meet basic program eligibility requirements; “(B) food stamp allotments overissued to eligible households; and “(C) food stamp allotments underissued to eligible households; and “(2) the incidence of invalid decisions in certifying or denying eligibility. “(e) As used in this section ‘quality control’ means monitoring “Quality control.” and reducing the rate of errors in determining basic eligibility and benefit levels. “Sec. 17. “research, demonstration, and evaluations (a) The Secretary may, by way of making contracts with Contracts or grants. 7 USC 2026. or grants to public or private organizations or agencies, undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. “(b) “(1) The Secretary is authorized to conduct on a trial basis, in Pilot projects. one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act, the use of countersigned food coupons or similar identification 42 USC 1381. mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the Waiver. degree necessary for such projects to be conducted, except that no project shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sect ions 5 and 8 of this Act. “(2) The Secretary shall, jointly with the Secretary of Labor, implement Pilot projects. two pilot projects involving the performance of work in return for food stamp benefits in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture, such projects to be (A) appropriately divided in each region between locations that are urban and rural in characteristics and among locations selected to provide a representative cross-section of political subdivisions in the States and (B) submitted for approval prior to project Submittal for approval to congressional committees. implementation, together with the names of the agencies or organizations that will be engaged in such projects, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Under such pilot Eligibility. projects, any person who is subject to the work registration requirements pursuant to section 6(d) of this Act, and is a member of a household that does not have earned income equal to or exceeding the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, shall be ineligible to participate in the food stamp program as a member of any household during any month in which such person refuses, after not being offered employment in the private sector of the economy for more than thirty days after the initial registration for employment referred to in section 6(d) (1) (i) of this Act, to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812), for which employment compensation shall be paid in the form of the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, with each hour of employment entitling the household to a portion of the allotment equal in value to 100 per centum of the Federal minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall not, together with any other hours worked in any other capacity by such person exceed forty hours a week; and which employment shall not be used by the employer to fill a job opening created by the action of such employer in laying off or terminating the employment of any regular employee not supported under this paragraph in anticipation of filling the vacancy so created by hiring an employee or employees to be supported under this paragraph: Provided, That all of the political subdivision’s or prime sponsor’s public service jobs supported under the Comprehensive Employment and Training Act of 1973, as amended 29 USC 801 note. (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to this paragraph: Provided further, That the sponsor of each such project shall provide the assurances required of prime sponsors under section 205(c) (7), (8), (15), (19), and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require such sponsors to comply with the conditions contained in sections 208(a) (1), (4), and (5) and (c) and 703(4) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and Joint reports, issuance to congressional committees. (c) and 983). The Secretary and the Secretary of Labor shall jointly issue reports to the appropriate committees of Congress on the progress of such pilot projects no later than six and twelve months following enactment of this Act, and shall issue a final report describing the results of such pilot projects no later than eighteen months following enactment of this Act. “(c) The Secretary shall develop and implement measures for evaluating, on an annual or more frequent basis, the effectiveness of the food stamp program in achieving its stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and different regions of residence. “(d) Notwithstanding any other provision of law, the Secretary shall, in consultation with the Secretary of the Treasury, conduct a study, through the use of Federal income tax data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food stamp benefits from members of eligible households in which the adjusted gross income of members of such households for a 26 USC 1 et seq. calendar year (as defined by the Internal Revenue Code of 1954) may exceed twice the income poverty guidelines set forth in section 5(c) of this Act. Such study shall be conducted in rural and urban areas Report to congressional committees. Recommendations. only on a voluntary basis by food stamp recipients. The Secretary shall, no later than twelve months and eighteen months from the date of enactment of this Act, report the results of the study to the Committees on Agriculture and Ways and Means of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Finance of the Senate, together with such recommendations as the Secretary deems appropriate. “Sec. 18. “authorization for appropriations (a) To carry out the provisions of this Act, there are 7 USC 2027. hereby authorized to be appropriated not in excess of $5,847,600,000 for the fiscal year ending September 30, 1978; not in excess of $6,158,900,000 for the fiscal year ending September 30, 1979; not in excess of $6,188,600,000 for the fiscal year ending September 30, 1980; and not in excess of $6,235,900,000 for the fiscal year ending September 30, 1981. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 17 of this Act. Stuns appropriated under the provisions of this Act shall, notwithstanding the provisions of any other law, continue to remain available until expended. “(b) In any fiscal year, the Secretary shall limit the value of those Allotment value, limitation. allotments issued to an amount not in excess of the appropriation for such fiscal year. If in any fiscal year the Secretary finds that the requirements of participating States will exceed the limitation set herein, the Secretary shall direct State agencies to reduce the value of such allotments to be issued to households certified as eligible to participate in the food stamp program to the extent necessary to comply with the provisions of this subsection.”
1977
Food and Agriculture Act of 1977
Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913
Substituted · 7 U.S.C. § 2014(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 1301. food stamp act of 1964 amendments Effective October 1, 1977, the Food Stamp Act of 1964, as amended, is amended to read as follows: “Section 1 “short title This Act may be cited as the ‘Food Stamp Act of 1977’. “Sec. 2 “declaration of policy It is hereby 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 hereby 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 food stamp 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. “Sec. 3 “definitions As used in this Act, the term: “(a) ‘Allotment’ means the total value of coupons a household is authorized to receive during each month. “(b) ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the house-hold is entitled to be issued. “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. In the case of a house-hold all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. In the case of all other households the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary. “(d) ‘Coupon’ means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. “(e) ‘Coupon 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 coupons to households. “(f) ‘Drug addiction or alcoholic treatment and rehabilitation program’ means any such program conducted by a private nonprofit organization or institution 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 42 USC 4551 note. 21 USC 1101 note. Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drag Abuse Office and Treatment Act of 1972) as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. “(g) ‘Food’ means (1) any food or food product for home consumption except alcoholic leverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), and (5) 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 under title XVI of the Social Security Act, and their 42 USC 1381. 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 served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, and (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 deter-mines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such house-holds depend to a substantial extent upon hunting and fishing for subsistence. “(h) ‘Food stamp program’ means the program operated pursuant to the provisions of this Act. “(i) ‘Household’ means (1) 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 else pays compensation to the others for such meals, or (2) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption or else live with others and pay compensation to the others for such meals. In neither event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house. For the purposes of this subsection, residents of federally subsidized housing for the elderly and narcotics 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 shall not be considered residents of institutions. “(j) ‘Reservation’ means the geographically defined area or areas over which a tribal organization (as that term is defined in section 3(p) of this Act) exercises governmental jurisdiction. “(k) ‘Retail food store’ means (1) an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume 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, (2) an establishment, organization or program referred to in subsections (g) (3), (4), and (5) of this section, (3) a store purveying the hunting and fishing equipment described in subsection (g) (6) of this section, 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. “(l) ‘Secretary’ means the Secretary of Agriculture. “(m) ‘State’ means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. “(n) ‘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 4(b) of this Act or a food stamp program under section 11(d) of this Act. “(o) ‘Thrifty food plan’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty- four. 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 taking into account economies of scale, (2) make cost adjustments in the thrifty food plan for Alaska and Hawaii to reflect the cost of food in those States, (3) make cost adjustments in the separate thrifty food plans for Guam, Puerto Rico, 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) adjust the cost of such diet every January 1 and July 1 to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the six months ending the preceding September 30 and March 31, respectively. “(p) ‘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 25 USC 450f note. tribe, band, or community holding a treaty with a State government. “Sec. 4. “establishment of the food stamp program (a) Subject to the availability of funds appropriated under Administration. 7 USC 2013. section 18 of this Act, the Secretary is authorized to formulate and administer a food stamp 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. The coupons so received by such households Coupons. shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall lie redeemable at face value by the Secretary through the facilities of the Treasury of the United States. “(b) In jurisdictions where the food stamp program is in operation, Distribution of food. 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. Distribution of commodities, with or without Request by tribal organization. the food stamp program, shall also 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 Administrative costs. 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. “(c) The Secretary shall issue such regulations consistent with this Regulations. Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of the United States Code. In addition, Statement, transmittal to congressional committees. 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. “Sec. 5 “eligible households (a) Participation in the food stamp 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. Assistance under this program shall be furnished to all eligible households who make application for such participation. “(b) The Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, Puerto Rico, 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 food stamp program in accordance with the State plans. 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) The income standards of eligibility shall be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 625 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam, respectively: Provided, That in no event shall the standards of eligibility for Puerto Rico, the Virgin Islands of the United States, or Guam exceed those in the forty-eight contiguous States: Provided further, That the income poverty guidelines for the period commencing July 1, 1978, shall 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 the income poverty guidelines for future periods shall be similarly adjusted. “(d) Household income for purposes of the food stamp 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, (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, (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like to the extent that they are used for tuition and mandatory school fees at an institution of higher education or school for the handicapped, (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, (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, (7) income earned by a child who is a member of the household, who is a student, and who has not attained his eighteenth birthday, (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, 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, and (10) any income that any other law specifically excludes from consideration as income for the purpose of determining eligibility for the food stamp program. “(e) In computing household income, the Secretary shall allow a Standard deduction, allowance. standard deduction of $60 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction determined by the Secretary in accordance with the best available information on the relationship of actual or potential itemized deductions claimed under the food stamp program in those areas to such deductions in the forty-eight contiguous States and the District of Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment. adjusted every July 1 and January 1 to the nearest $5 to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food for the six months ending the preceding March 31 and September 30, respectively. All households with earned income Additional deductions. shall be allowed an additional deduction of 20 per centum of all earned income (other than that excluded by subsection (d) of this section), to compensate for taxes, other mandatory deductions from salary, and work expenses. Households shall also be entitled to (1) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of this subsection, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education which is preparatory for employment, or (2) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed: Provided, That the amount of such Limitation. excess shelter expense deduction shall not exceed $75 a month in the. forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States, amounts determined by the Secretary in accordance with the best available information on the relationship of the actual shelter costs in those areas to such costs in the forty-eight contiguous States and the District of Columbia, adjusted annually (commencing July 1, 1978) to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the twelve-month period ending the preceding March 31, 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. “(f) Household income shall be calculated by the State agency for Calculation by State agency. the purpose of determining household eligibility. The State agency in calculating household income shall take into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income which has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period, except that for (1) those households which 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, income shall be calculated by being averaged over a twelve-month period and (2) those households which receive non excluded income of the type specified in subsection (d)(3) of this section, income shall be calculated by being averaged over the period for which it is provided. “(g) The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible house-hold may own, and shall, in so doing, assure that a household other-wise eligible to participate in the. food stamp program will not be eligible to participate if its resources exceed $1,750, 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. The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value Study, report to congressional committees. of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements 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. “(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, 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 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code. “(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster pro-gram, which shall be available to go into a disaster area and provide direct assistance to State and local officials. “Sec. 6 “eligibility disqualifications (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, 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 food stamp program. “(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review. “(c) No household shall be eligible to participate in the food stamp 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. Every household that is participating in the food stamp program Changes, report to State agency. shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households. “(d) (1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, no household shall be eligible for assistance under this Act if it. includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the household and voluntarily quits any job without good cause, unless the household was certified for benefits under this Act immediately prior to such unemployment: Provided, That the period of ineligibility shall be sixty days from the time of the voluntary quit; or (iv) refuses without good cause to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a) (1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout. “(2) A person who otherwise would be required to comply with the Exemptions. 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; (B) a parent or other member of a household with responsibility for the care of a dependent child under age twelve or of an incapacitated person: (C) a parent or other caretaker of a child in a household where there is another able-bodied parent who is subject to the requirements of this subsection; (D) 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 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); (E) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (F) 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. “(3) To the extent that a State employment service is assigned responsibility for administering the provisions of subsection (d) of this section, it shall comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations shall be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act (42 U.S.C. 630 et. seq.) and shall take into account the diversity of the needs of the food stamp work registration population. “(e) 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) has reached his or her eighteenth birthday, (2) is enrolled at least half time in an institution of higher education, and (3) (A) is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible house-hold or (B) during the regular school year (i) is not employed a minimum of twenty hours per week or is not participating in a federally financed work study program, (ii) does not have weekly earnings which at least equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by twenty hours, (iii) is not registered for work amounting to at least twenty hours per week, (iv) is not the head of a household containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or (v) is not covered by an exemption from the work registration requirement contained in subsection (d) of this section other than clause (D) of paragraph (2) of that subsection. “(f) 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 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 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an alien who has qualified for conditional entry pursuant to section 203(a) (7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity; 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 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)) 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. No aliens other than the. ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. “(g) No individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary 42 USC 1381. 42 USC 1382e. payments described in section 1616 of such Act, 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 87 Stat. 155. 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 and section 212(a) of Public Law 93–66, and (2) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. “(h) No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp 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. “Sec. 7 “issuance and use of coupons (a) Coupons shall be printed under such arrangements and Printing. 7 USC 2016. in such denominations as may be determined by the Secretary to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. “(b) Coupons 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 food stamp program at prices prevailing in such stores: Provided, That nothing in this Act 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: 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. “(c) Coupons issued to eligible households shall be simple in design Design. and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons. “(d) The Secretary shall develop an appropriate procedure for Inventory levels, monitorship. determining and monitoring the level of coupon inventories in the hands of coupon issuers for the purpose of providing that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such issuers). Such procedures shall provide that coupon inventories in the hands of such issuers are not in excess of the reasonable needs of such issuers taking into consideration the ease with which such coupon inventories may be Monthly operations report. resupplied. The Secretary shall require each coupon issuer at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary or the Secretary’s designee, which may include the State agency, a written report of the issuer’s operations during such period. Oath, certification by issuer. In addition to other information deemed by the Secretary to be appropriate, the Secretary shall require that the report contain an oath, or affirmation, signed by the coupon issuer, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon issuer, certifying that the information contained in the report is true and correct to the best of such person’s knowledge and belief. “(e) The Secretary shall prescribe appropriate procedures for the delivery of coupons to coupon issuers and for the subsequent controls to be placed over such coupons by coupon issuers in order to ensure adequate accountability. “(f) Notwithstanding any other provision of this Act, the State agency shall be responsible to the Secretary for any financial losses involved in the acceptance, storage, and issuance of coupons. “Sec. 8 “value of allotment (a) The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp 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 5 of this Act, rounded to the nearest whole dollar: Provided, That for households of one and two persons the minimum Report to Congress. allotment shall be $10 per month. The Secretary shall, six months after the implementation of the elimination of the charge for allotments and annually thereafter, report to Congress the effect on participation and cost of this elimination. “(b) The value of the allotment provided any eligible household 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 an allotment under this Act. “Sec. 9. “approval of retail food stores and wholesale food concerns (a) Regulations issued pursuant to this Act 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 coupons under the food stamp program and for the approval of those applicants whose participation will effectuate the Qualifications. purposes of the food stamp program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (3) the business Certificate. 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. “(b) No wholesale food concern may be authorized to accept and redeem coupons unless the Secretary determines that its participation is required for the effective and efficient operation of the food stamp program. In addition, no firm may be authorized to accept and redeem coupons as both a retail food store and as a wholesale food concern at the same time. “(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information which will permit a determination to lie made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards 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 Act or the regulations issued pursuant to this Act. “(d) Any retail food store or wholesale food concern which has Hearing. failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 14 of this Act. “Sec. 10. “redemption of coupons Regulations issued pursuant to this Act shall provide for 7 USC 2019. the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department, except that retail food stores defined in section 3(k)(4) of this Act shall be authorized to redeem their members’ food coupons prior to receipt by the members of the food so purchased and private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs shall not be authorized to redeem coupons through banks. “Sec. 11. “administration (a) The State agency of each participating State shall 7 USC 2020. assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain Record retention. whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable Inspection and audit. time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this Act. “(b) Certification of a household as eligible in any political subdivision Certification. shall, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remain valid for participation in the food stamp program for a period of sixty days from the date of such removal. “(c) In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs. “(d) The State agency (as defined in section 3(n) (1) of this Act) Plan of operation, approval. of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every politi-cal subdivision. In the case of all or part of an Indian reservation, the State agency as defined in section 3(n) (1) of this Act shall be responsible for conducting such program on such reservation unless the Secretary determines that the State agency (as defined in section 3 (n) (1) of this Act) is failing, subsequent to the enactment of this Act, properly to administer such program on such reservation in accordance with the purposes of this Act and further determines that the State agency as defined in section 3(n) (2) of this Act 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 USC 450f note. (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 Training and assistance. 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 3(n) (2) of Consultation with tribal organization. this Act. A State agency, as defined in section 3(n) (1) of this Act, before it submits its plan of operation to the Secretary for the administration of the food stamp program on all or part of an Indian reservation, shall consult in good faith with the tribal organization about that portion of the State’s plan of operation pertaining to the implementation of the program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation with the tribal organization. “(e) 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) inform low-income households about the availability, eligibility requirements, and benefits of the food stamp program, including, but not limited to, notification to recipients of aid to families with dependent children, supplemental security income, and unemployment compensation, distribution of application forms, and associated instructions in filling out such forms, and on the documentation required pursuant to paragraph (3) of this subsection; (B) not conduct any other outreach activities of a non-informational nature in those areas in which a federally funded community action program is Bilingual personnel and materials. in operation and conducting food stamp outreach; and (C) use appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English; “(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency’s computer system, or other exigencies as determined by the Secretary. Each application form shall contain a description Application form. in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household. The State agency shall comply with the standards established by the Secretary for points and hours of certification, and for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly; “(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of verification only of income other than that determined to be excluded by section 5(d) of this Act and such other eligibility factors as the Secretary determines to be necessary to implement sections 5 and 6 of this Act, 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; “(4) that the State agency shall insure that each participating Certification expiration, notice. Recertification. household receive a notice of expiration of its certification immediately prior to or at the start of the last month of its certification period advising it 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; “(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 5 and 6 of this Act and shall include no additional requirements imposed by the State agency; “(6) that (A) the State agency shall undertake the certification Certification. of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this Act; (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 United States Civil Service Commission pursuant to section 208 of the Intergovernmental Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. relating to the establishment and maintenance of personnel stand- Personnel, training. ards on a merit basis; and (C) the State agency shall undertake to provide a continuing, comprehensive program of training for all personnel undertaking such certification; “(7) that any applicant household may be represented in the certification process and that any eligible household may be represented in coupon issuance or food purchase by a person other than a member of the household so long as that person has been clearly designated as the representative of that household for that purpose by the head of the household or the spouse of the head, and, where the certification process is concerned, the representative is an adult who is sufficiently aware of relevant household circumstances; “(8) safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; “(9) that households in immediate need because of no income as defined in sections 5 (d) and (e) of this Act receive coupons on an expedited basis; “(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of the State agency under any provision of its plan of operation as it affects the participation of such household in the food stamp program or by a claim against the household for an overissuance: Provided, That any household which timely requests such a fair hearing after receiving individual notice of agency action reducing or terminating its benefits within the household’s certification period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action until such time as the fair nearing is completed and an adverse decision rendered or until such time as the household’s certification period terminates, whichever occurs earlier; “(11) for the prompt restoration in the form of coupons to households of any allotment or portion thereof which has been wrongfully denied or terminated; “(12) for the submission of such reports and other information as from time to time may be required by the Secretary; “(13) for compliance with standards set by the Secretary with respect to points and hours of coupon issuance; “(14) for indicators of expected performance in the administration of the program; “(15) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet; and “(16) that the State agency shall specify a plan of operation for providing food stamps for households that are victims of a disaster; that such plan shall include, but not be limited to, procedures for informing the public about the disaster program and how to apply for its benefits, coordination with Federal and private dis-aster 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. “(f) To encourage the purchase of nutritious foods, the Secretary Food and nutrition program, extension. shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants. The program shall be further supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health. “(g) If the Secretary determines that in the administration of the State noncompliance, correction. food stamp program there is a failure by a State agency to comply with any of the provisions of this Act. the regulations issued pursuant to this Act, or the State plan of operation submitted pursuant to subsection (d) of this section, the Secretary shall immediately inform such State agency of such failure and shall allow the State agency a specified period of time for the correction of such failure. If the State agency Injunctive relief. does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(h) If the Secretary determines that there has been negligence or Deposit by States. fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the face value of any coupon or coupons issued as a result of such negligence or fraud. “(i) Notwithstanding any other provision of law, the Secretary and System, development. the Secretary of Health. Education, and Welfare shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2) households in which all members are recipients of 42 USC 601. supplemental security income shall be permitted to apply for participation in the food stamp program by executing a simplified affidavit at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance. shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. “(j) The Secretary, in conjunction with the Secretary of Health, Joint regulations, USDA—HEW. Education, and Welfare, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible. “(k) Subject to the approval of the President, post offices in all or part of the State may issue, upon request by the State agency, food stamps to eligible households. “Sec. 12. “civil money penalties and disqualification of retail food stores and wholesale food concerns Any approved retail food store or wholesale food concern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $5,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act or the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with Review. regulations issued pursuant to this Act. The action of disqualification or the imposition of a civil money penalty shall be subject to review as provided in section 14 of this Act. “Sec. 13. “determination of disposition of claims The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act, including, but not limited to, claims arising from fraudulent and nonfraudulent Delegation of authority. overissuances to recipients. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. “Sec. 14. “administrative and judicial review Whenever an application of a retail food store or wholesale food concern to participate in the food stamp program is denied pursuant to section 9 of this Act, or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of section 12 of this Act, or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 13 of this Act, or a claim against a State agency is stated pursuant to the provisions of section 13 of this Act, notice of such administrative action shall be issued to the retail food store, wholesale, food concern, or State agency involved. Such notice shall be Request for submission of information, filing. delivered by certified mail or personal service. If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request, for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store, concern, or State agency fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such request is made, by such store, concern, or State agency, such information as may be submitted by the store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination which shall be final and which shall take effect thirty days after the date of the delivery or service of such final notice of determination. If the store, Complaint, filing. concern, or State agency feels aggrieved by such final determination, it may obtain judicial review thereof by filing a complaint against the United States in the United States court for the district in which it resides or is engaged in business, or, in the case of a retail food store or wholesale food concern, in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon it, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as the Secretary may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial Stay. review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days’ notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. “Sec. 15. “violations and enforcement (a) Notwithstanding any other provision of this Act, the Coupon redemption. 7 USC 2024. Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. “(b) Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both. or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of section 8 of title 18, United States Code. “(e) Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide the report required under section 7(d) of this Act or of violating the regulations issued under section 7 (d) and (e) of this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(f) Any coupon issuer or any officer, employee, or agent thereof convicted of knowingly providing false information in the report required under section 7(d) of this Act shall be fined not more than $10,000 or imprisoned not more than five years, or both. “Sec. 16. “administrative cost-sharing and quality control (a) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs involved in each State agency’s operation of the food stamp program, which costs shall include, out not be limited to, the cost of (1) outreach, (2) the certification of applicant households, (3) the acceptance, storage, protection, control, and accounting of coupons after their delivery to receiving points within the State, (4) the issuance of coupons to all eligible households, and (5) fair hearings: Provided, That the Secretary is authorized to pay each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further authorized at the Secretary’s discretion to pay any State agency administering the food stamp pro-gram on all or part of an Indian reservation under section 11(d) of this Act such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food stamp program. “(b) The Secretary shall (1) establish standards for the efficient and effective administration of the food stamp program by the States, including, but not limited to, staffing standards such as caseload per certification worker limitations, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant Funds, withholding. to clause (1) of this subsection. If the Secretary finds that a State has failed without good cause to meet any of the Secretary’s standards, or has failed to carry out the approved State plan of operation under section 11(d) of this Act, the Secretary shall withhold from the State such funds authorized under subsections (a) and (c) of this section as the Secretary determines to be appropriate. “(c) Effective October 1, 1978, the Secretary is authorized to adjust a State agency’s federally funded share of administrative costs pursuant to subsection (a) of this section, other than the costs already shared in excess of 50 per centum as described in the exception clause of subsection (a) of this section, by increasing such share to 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rates with respect to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d) (1) of this section is less than five per centum. “(d) Effective October 1, 1978, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsection (c) of this section shall be required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 11(d) of this Act, a quality control plan for the State which shall specify the actions such State proposes to take in order to reduce— “(1) the incidence of error rates in and the value of— “(A) food stamp allotments for households which fail to meet basic program eligibility requirements; “(B) food stamp allotments overissued to eligible households; and “(C) food stamp allotments underissued to eligible households; and “(2) the incidence of invalid decisions in certifying or denying eligibility. “(e) As used in this section ‘quality control’ means monitoring “Quality control.” and reducing the rate of errors in determining basic eligibility and benefit levels. “Sec. 17. “research, demonstration, and evaluations (a) The Secretary may, by way of making contracts with Contracts or grants. 7 USC 2026. or grants to public or private organizations or agencies, undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. “(b) “(1) The Secretary is authorized to conduct on a trial basis, in Pilot projects. one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act, the use of countersigned food coupons or similar identification 42 USC 1381. mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the Waiver. degree necessary for such projects to be conducted, except that no project shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sect ions 5 and 8 of this Act. “(2) The Secretary shall, jointly with the Secretary of Labor, implement Pilot projects. two pilot projects involving the performance of work in return for food stamp benefits in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture, such projects to be (A) appropriately divided in each region between locations that are urban and rural in characteristics and among locations selected to provide a representative cross-section of political subdivisions in the States and (B) submitted for approval prior to project Submittal for approval to congressional committees. implementation, together with the names of the agencies or organizations that will be engaged in such projects, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Under such pilot Eligibility. projects, any person who is subject to the work registration requirements pursuant to section 6(d) of this Act, and is a member of a household that does not have earned income equal to or exceeding the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, shall be ineligible to participate in the food stamp program as a member of any household during any month in which such person refuses, after not being offered employment in the private sector of the economy for more than thirty days after the initial registration for employment referred to in section 6(d) (1) (i) of this Act, to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812), for which employment compensation shall be paid in the form of the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, with each hour of employment entitling the household to a portion of the allotment equal in value to 100 per centum of the Federal minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall not, together with any other hours worked in any other capacity by such person exceed forty hours a week; and which employment shall not be used by the employer to fill a job opening created by the action of such employer in laying off or terminating the employment of any regular employee not supported under this paragraph in anticipation of filling the vacancy so created by hiring an employee or employees to be supported under this paragraph: Provided, That all of the political subdivision’s or prime sponsor’s public service jobs supported under the Comprehensive Employment and Training Act of 1973, as amended 29 USC 801 note. (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to this paragraph: Provided further, That the sponsor of each such project shall provide the assurances required of prime sponsors under section 205(c) (7), (8), (15), (19), and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require such sponsors to comply with the conditions contained in sections 208(a) (1), (4), and (5) and (c) and 703(4) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and Joint reports, issuance to congressional committees. (c) and 983). The Secretary and the Secretary of Labor shall jointly issue reports to the appropriate committees of Congress on the progress of such pilot projects no later than six and twelve months following enactment of this Act, and shall issue a final report describing the results of such pilot projects no later than eighteen months following enactment of this Act. “(c) The Secretary shall develop and implement measures for evaluating, on an annual or more frequent basis, the effectiveness of the food stamp program in achieving its stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and different regions of residence. “(d) Notwithstanding any other provision of law, the Secretary shall, in consultation with the Secretary of the Treasury, conduct a study, through the use of Federal income tax data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food stamp benefits from members of eligible households in which the adjusted gross income of members of such households for a 26 USC 1 et seq. calendar year (as defined by the Internal Revenue Code of 1954) may exceed twice the income poverty guidelines set forth in section 5(c) of this Act. Such study shall be conducted in rural and urban areas Report to congressional committees. Recommendations. only on a voluntary basis by food stamp recipients. The Secretary shall, no later than twelve months and eighteen months from the date of enactment of this Act, report the results of the study to the Committees on Agriculture and Ways and Means of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Finance of the Senate, together with such recommendations as the Secretary deems appropriate. “Sec. 18. “authorization for appropriations (a) To carry out the provisions of this Act, there are 7 USC 2027. hereby authorized to be appropriated not in excess of $5,847,600,000 for the fiscal year ending September 30, 1978; not in excess of $6,158,900,000 for the fiscal year ending September 30, 1979; not in excess of $6,188,600,000 for the fiscal year ending September 30, 1980; and not in excess of $6,235,900,000 for the fiscal year ending September 30, 1981. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 17 of this Act. Stuns appropriated under the provisions of this Act shall, notwithstanding the provisions of any other law, continue to remain available until expended. “(b) In any fiscal year, the Secretary shall limit the value of those Allotment value, limitation. allotments issued to an amount not in excess of the appropriation for such fiscal year. If in any fiscal year the Secretary finds that the requirements of participating States will exceed the limitation set herein, the Secretary shall direct State agencies to reduce the value of such allotments to be issued to households certified as eligible to participate in the food stamp program to the extent necessary to comply with the provisions of this subsection.”
1977
Food and Agriculture Act of 1977
Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913
Substituted · 7 U.S.C. § 2014(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 1301. food stamp act of 1964 amendments Effective October 1, 1977, the Food Stamp Act of 1964, as amended, is amended to read as follows: “Section 1 “short title This Act may be cited as the ‘Food Stamp Act of 1977’. “Sec. 2 “declaration of policy It is hereby 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 hereby 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 food stamp 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. “Sec. 3 “definitions As used in this Act, the term: “(a) ‘Allotment’ means the total value of coupons a household is authorized to receive during each month. “(b) ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the house-hold is entitled to be issued. “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. In the case of a house-hold all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. In the case of all other households the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary. “(d) ‘Coupon’ means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. “(e) ‘Coupon 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 coupons to households. “(f) ‘Drug addiction or alcoholic treatment and rehabilitation program’ means any such program conducted by a private nonprofit organization or institution 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 42 USC 4551 note. 21 USC 1101 note. Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drag Abuse Office and Treatment Act of 1972) as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. “(g) ‘Food’ means (1) any food or food product for home consumption except alcoholic leverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), and (5) 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 under title XVI of the Social Security Act, and their 42 USC 1381. 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 served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, and (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 deter-mines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such house-holds depend to a substantial extent upon hunting and fishing for subsistence. “(h) ‘Food stamp program’ means the program operated pursuant to the provisions of this Act. “(i) ‘Household’ means (1) 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 else pays compensation to the others for such meals, or (2) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption or else live with others and pay compensation to the others for such meals. In neither event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house. For the purposes of this subsection, residents of federally subsidized housing for the elderly and narcotics 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 shall not be considered residents of institutions. “(j) ‘Reservation’ means the geographically defined area or areas over which a tribal organization (as that term is defined in section 3(p) of this Act) exercises governmental jurisdiction. “(k) ‘Retail food store’ means (1) an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume 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, (2) an establishment, organization or program referred to in subsections (g) (3), (4), and (5) of this section, (3) a store purveying the hunting and fishing equipment described in subsection (g) (6) of this section, 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. “(l) ‘Secretary’ means the Secretary of Agriculture. “(m) ‘State’ means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. “(n) ‘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 4(b) of this Act or a food stamp program under section 11(d) of this Act. “(o) ‘Thrifty food plan’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty- four. 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 taking into account economies of scale, (2) make cost adjustments in the thrifty food plan for Alaska and Hawaii to reflect the cost of food in those States, (3) make cost adjustments in the separate thrifty food plans for Guam, Puerto Rico, 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) adjust the cost of such diet every January 1 and July 1 to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the six months ending the preceding September 30 and March 31, respectively. “(p) ‘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 25 USC 450f note. tribe, band, or community holding a treaty with a State government. “Sec. 4. “establishment of the food stamp program (a) Subject to the availability of funds appropriated under Administration. 7 USC 2013. section 18 of this Act, the Secretary is authorized to formulate and administer a food stamp 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. The coupons so received by such households Coupons. shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall lie redeemable at face value by the Secretary through the facilities of the Treasury of the United States. “(b) In jurisdictions where the food stamp program is in operation, Distribution of food. 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. Distribution of commodities, with or without Request by tribal organization. the food stamp program, shall also 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 Administrative costs. 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. “(c) The Secretary shall issue such regulations consistent with this Regulations. Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of the United States Code. In addition, Statement, transmittal to congressional committees. 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. “Sec. 5 “eligible households (a) Participation in the food stamp 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. Assistance under this program shall be furnished to all eligible households who make application for such participation. “(b) The Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, Puerto Rico, 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 food stamp program in accordance with the State plans. 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) The income standards of eligibility shall be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 625 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam, respectively: Provided, That in no event shall the standards of eligibility for Puerto Rico, the Virgin Islands of the United States, or Guam exceed those in the forty-eight contiguous States: Provided further, That the income poverty guidelines for the period commencing July 1, 1978, shall 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 the income poverty guidelines for future periods shall be similarly adjusted. “(d) Household income for purposes of the food stamp 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, (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, (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like to the extent that they are used for tuition and mandatory school fees at an institution of higher education or school for the handicapped, (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, (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, (7) income earned by a child who is a member of the household, who is a student, and who has not attained his eighteenth birthday, (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, 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, and (10) any income that any other law specifically excludes from consideration as income for the purpose of determining eligibility for the food stamp program. “(e) In computing household income, the Secretary shall allow a Standard deduction, allowance. standard deduction of $60 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction determined by the Secretary in accordance with the best available information on the relationship of actual or potential itemized deductions claimed under the food stamp program in those areas to such deductions in the forty-eight contiguous States and the District of Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment. adjusted every July 1 and January 1 to the nearest $5 to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food for the six months ending the preceding March 31 and September 30, respectively. All households with earned income Additional deductions. shall be allowed an additional deduction of 20 per centum of all earned income (other than that excluded by subsection (d) of this section), to compensate for taxes, other mandatory deductions from salary, and work expenses. Households shall also be entitled to (1) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of this subsection, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education which is preparatory for employment, or (2) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed: Provided, That the amount of such Limitation. excess shelter expense deduction shall not exceed $75 a month in the. forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States, amounts determined by the Secretary in accordance with the best available information on the relationship of the actual shelter costs in those areas to such costs in the forty-eight contiguous States and the District of Columbia, adjusted annually (commencing July 1, 1978) to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the twelve-month period ending the preceding March 31, 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. “(f) Household income shall be calculated by the State agency for Calculation by State agency. the purpose of determining household eligibility. The State agency in calculating household income shall take into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income which has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period, except that for (1) those households which 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, income shall be calculated by being averaged over a twelve-month period and (2) those households which receive non excluded income of the type specified in subsection (d)(3) of this section, income shall be calculated by being averaged over the period for which it is provided. “(g) The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible house-hold may own, and shall, in so doing, assure that a household other-wise eligible to participate in the. food stamp program will not be eligible to participate if its resources exceed $1,750, 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. The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value Study, report to congressional committees. of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements 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. “(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, 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 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code. “(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster pro-gram, which shall be available to go into a disaster area and provide direct assistance to State and local officials. “Sec. 6 “eligibility disqualifications (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, 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 food stamp program. “(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review. “(c) No household shall be eligible to participate in the food stamp 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. Every household that is participating in the food stamp program Changes, report to State agency. shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households. “(d) (1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, no household shall be eligible for assistance under this Act if it. includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the household and voluntarily quits any job without good cause, unless the household was certified for benefits under this Act immediately prior to such unemployment: Provided, That the period of ineligibility shall be sixty days from the time of the voluntary quit; or (iv) refuses without good cause to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a) (1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout. “(2) A person who otherwise would be required to comply with the Exemptions. 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; (B) a parent or other member of a household with responsibility for the care of a dependent child under age twelve or of an incapacitated person: (C) a parent or other caretaker of a child in a household where there is another able-bodied parent who is subject to the requirements of this subsection; (D) 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 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); (E) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (F) 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. “(3) To the extent that a State employment service is assigned responsibility for administering the provisions of subsection (d) of this section, it shall comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations shall be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act (42 U.S.C. 630 et. seq.) and shall take into account the diversity of the needs of the food stamp work registration population. “(e) 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) has reached his or her eighteenth birthday, (2) is enrolled at least half time in an institution of higher education, and (3) (A) is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible house-hold or (B) during the regular school year (i) is not employed a minimum of twenty hours per week or is not participating in a federally financed work study program, (ii) does not have weekly earnings which at least equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by twenty hours, (iii) is not registered for work amounting to at least twenty hours per week, (iv) is not the head of a household containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or (v) is not covered by an exemption from the work registration requirement contained in subsection (d) of this section other than clause (D) of paragraph (2) of that subsection. “(f) 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 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 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an alien who has qualified for conditional entry pursuant to section 203(a) (7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity; 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 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)) 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. No aliens other than the. ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. “(g) No individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary 42 USC 1381. 42 USC 1382e. payments described in section 1616 of such Act, 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 87 Stat. 155. 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 and section 212(a) of Public Law 93–66, and (2) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. “(h) No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp 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. “Sec. 7 “issuance and use of coupons (a) Coupons shall be printed under such arrangements and Printing. 7 USC 2016. in such denominations as may be determined by the Secretary to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. “(b) Coupons 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 food stamp program at prices prevailing in such stores: Provided, That nothing in this Act 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: 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. “(c) Coupons issued to eligible households shall be simple in design Design. and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons. “(d) The Secretary shall develop an appropriate procedure for Inventory levels, monitorship. determining and monitoring the level of coupon inventories in the hands of coupon issuers for the purpose of providing that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such issuers). Such procedures shall provide that coupon inventories in the hands of such issuers are not in excess of the reasonable needs of such issuers taking into consideration the ease with which such coupon inventories may be Monthly operations report. resupplied. The Secretary shall require each coupon issuer at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary or the Secretary’s designee, which may include the State agency, a written report of the issuer’s operations during such period. Oath, certification by issuer. In addition to other information deemed by the Secretary to be appropriate, the Secretary shall require that the report contain an oath, or affirmation, signed by the coupon issuer, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon issuer, certifying that the information contained in the report is true and correct to the best of such person’s knowledge and belief. “(e) The Secretary shall prescribe appropriate procedures for the delivery of coupons to coupon issuers and for the subsequent controls to be placed over such coupons by coupon issuers in order to ensure adequate accountability. “(f) Notwithstanding any other provision of this Act, the State agency shall be responsible to the Secretary for any financial losses involved in the acceptance, storage, and issuance of coupons. “Sec. 8 “value of allotment (a) The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp 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 5 of this Act, rounded to the nearest whole dollar: Provided, That for households of one and two persons the minimum Report to Congress. allotment shall be $10 per month. The Secretary shall, six months after the implementation of the elimination of the charge for allotments and annually thereafter, report to Congress the effect on participation and cost of this elimination. “(b) The value of the allotment provided any eligible household 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 an allotment under this Act. “Sec. 9. “approval of retail food stores and wholesale food concerns (a) Regulations issued pursuant to this Act 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 coupons under the food stamp program and for the approval of those applicants whose participation will effectuate the Qualifications. purposes of the food stamp program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (3) the business Certificate. 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. “(b) No wholesale food concern may be authorized to accept and redeem coupons unless the Secretary determines that its participation is required for the effective and efficient operation of the food stamp program. In addition, no firm may be authorized to accept and redeem coupons as both a retail food store and as a wholesale food concern at the same time. “(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information which will permit a determination to lie made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards 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 Act or the regulations issued pursuant to this Act. “(d) Any retail food store or wholesale food concern which has Hearing. failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 14 of this Act. “Sec. 10. “redemption of coupons Regulations issued pursuant to this Act shall provide for 7 USC 2019. the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department, except that retail food stores defined in section 3(k)(4) of this Act shall be authorized to redeem their members’ food coupons prior to receipt by the members of the food so purchased and private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs shall not be authorized to redeem coupons through banks. “Sec. 11. “administration (a) The State agency of each participating State shall 7 USC 2020. assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain Record retention. whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable Inspection and audit. time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this Act. “(b) Certification of a household as eligible in any political subdivision Certification. shall, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remain valid for participation in the food stamp program for a period of sixty days from the date of such removal. “(c) In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs. “(d) The State agency (as defined in section 3(n) (1) of this Act) Plan of operation, approval. of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every politi-cal subdivision. In the case of all or part of an Indian reservation, the State agency as defined in section 3(n) (1) of this Act shall be responsible for conducting such program on such reservation unless the Secretary determines that the State agency (as defined in section 3 (n) (1) of this Act) is failing, subsequent to the enactment of this Act, properly to administer such program on such reservation in accordance with the purposes of this Act and further determines that the State agency as defined in section 3(n) (2) of this Act 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 USC 450f note. (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 Training and assistance. 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 3(n) (2) of Consultation with tribal organization. this Act. A State agency, as defined in section 3(n) (1) of this Act, before it submits its plan of operation to the Secretary for the administration of the food stamp program on all or part of an Indian reservation, shall consult in good faith with the tribal organization about that portion of the State’s plan of operation pertaining to the implementation of the program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation with the tribal organization. “(e) 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) inform low-income households about the availability, eligibility requirements, and benefits of the food stamp program, including, but not limited to, notification to recipients of aid to families with dependent children, supplemental security income, and unemployment compensation, distribution of application forms, and associated instructions in filling out such forms, and on the documentation required pursuant to paragraph (3) of this subsection; (B) not conduct any other outreach activities of a non-informational nature in those areas in which a federally funded community action program is Bilingual personnel and materials. in operation and conducting food stamp outreach; and (C) use appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English; “(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency’s computer system, or other exigencies as determined by the Secretary. Each application form shall contain a description Application form. in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household. The State agency shall comply with the standards established by the Secretary for points and hours of certification, and for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly; “(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of verification only of income other than that determined to be excluded by section 5(d) of this Act and such other eligibility factors as the Secretary determines to be necessary to implement sections 5 and 6 of this Act, 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; “(4) that the State agency shall insure that each participating Certification expiration, notice. Recertification. household receive a notice of expiration of its certification immediately prior to or at the start of the last month of its certification period advising it 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; “(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 5 and 6 of this Act and shall include no additional requirements imposed by the State agency; “(6) that (A) the State agency shall undertake the certification Certification. of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this Act; (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 United States Civil Service Commission pursuant to section 208 of the Intergovernmental Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. relating to the establishment and maintenance of personnel stand- Personnel, training. ards on a merit basis; and (C) the State agency shall undertake to provide a continuing, comprehensive program of training for all personnel undertaking such certification; “(7) that any applicant household may be represented in the certification process and that any eligible household may be represented in coupon issuance or food purchase by a person other than a member of the household so long as that person has been clearly designated as the representative of that household for that purpose by the head of the household or the spouse of the head, and, where the certification process is concerned, the representative is an adult who is sufficiently aware of relevant household circumstances; “(8) safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; “(9) that households in immediate need because of no income as defined in sections 5 (d) and (e) of this Act receive coupons on an expedited basis; “(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of the State agency under any provision of its plan of operation as it affects the participation of such household in the food stamp program or by a claim against the household for an overissuance: Provided, That any household which timely requests such a fair hearing after receiving individual notice of agency action reducing or terminating its benefits within the household’s certification period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action until such time as the fair nearing is completed and an adverse decision rendered or until such time as the household’s certification period terminates, whichever occurs earlier; “(11) for the prompt restoration in the form of coupons to households of any allotment or portion thereof which has been wrongfully denied or terminated; “(12) for the submission of such reports and other information as from time to time may be required by the Secretary; “(13) for compliance with standards set by the Secretary with respect to points and hours of coupon issuance; “(14) for indicators of expected performance in the administration of the program; “(15) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet; and “(16) that the State agency shall specify a plan of operation for providing food stamps for households that are victims of a disaster; that such plan shall include, but not be limited to, procedures for informing the public about the disaster program and how to apply for its benefits, coordination with Federal and private dis-aster 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. “(f) To encourage the purchase of nutritious foods, the Secretary Food and nutrition program, extension. shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants. The program shall be further supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health. “(g) If the Secretary determines that in the administration of the State noncompliance, correction. food stamp program there is a failure by a State agency to comply with any of the provisions of this Act. the regulations issued pursuant to this Act, or the State plan of operation submitted pursuant to subsection (d) of this section, the Secretary shall immediately inform such State agency of such failure and shall allow the State agency a specified period of time for the correction of such failure. If the State agency Injunctive relief. does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(h) If the Secretary determines that there has been negligence or Deposit by States. fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the face value of any coupon or coupons issued as a result of such negligence or fraud. “(i) Notwithstanding any other provision of law, the Secretary and System, development. the Secretary of Health. Education, and Welfare shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2) households in which all members are recipients of 42 USC 601. supplemental security income shall be permitted to apply for participation in the food stamp program by executing a simplified affidavit at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance. shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. “(j) The Secretary, in conjunction with the Secretary of Health, Joint regulations, USDA—HEW. Education, and Welfare, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible. “(k) Subject to the approval of the President, post offices in all or part of the State may issue, upon request by the State agency, food stamps to eligible households. “Sec. 12. “civil money penalties and disqualification of retail food stores and wholesale food concerns Any approved retail food store or wholesale food concern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $5,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act or the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with Review. regulations issued pursuant to this Act. The action of disqualification or the imposition of a civil money penalty shall be subject to review as provided in section 14 of this Act. “Sec. 13. “determination of disposition of claims The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act, including, but not limited to, claims arising from fraudulent and nonfraudulent Delegation of authority. overissuances to recipients. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. “Sec. 14. “administrative and judicial review Whenever an application of a retail food store or wholesale food concern to participate in the food stamp program is denied pursuant to section 9 of this Act, or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of section 12 of this Act, or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 13 of this Act, or a claim against a State agency is stated pursuant to the provisions of section 13 of this Act, notice of such administrative action shall be issued to the retail food store, wholesale, food concern, or State agency involved. Such notice shall be Request for submission of information, filing. delivered by certified mail or personal service. If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request, for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store, concern, or State agency fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such request is made, by such store, concern, or State agency, such information as may be submitted by the store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination which shall be final and which shall take effect thirty days after the date of the delivery or service of such final notice of determination. If the store, Complaint, filing. concern, or State agency feels aggrieved by such final determination, it may obtain judicial review thereof by filing a complaint against the United States in the United States court for the district in which it resides or is engaged in business, or, in the case of a retail food store or wholesale food concern, in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon it, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as the Secretary may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial Stay. review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days’ notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. “Sec. 15. “violations and enforcement (a) Notwithstanding any other provision of this Act, the Coupon redemption. 7 USC 2024. Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. “(b) Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both. or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of section 8 of title 18, United States Code. “(e) Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide the report required under section 7(d) of this Act or of violating the regulations issued under section 7 (d) and (e) of this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(f) Any coupon issuer or any officer, employee, or agent thereof convicted of knowingly providing false information in the report required under section 7(d) of this Act shall be fined not more than $10,000 or imprisoned not more than five years, or both. “Sec. 16. “administrative cost-sharing and quality control (a) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs involved in each State agency’s operation of the food stamp program, which costs shall include, out not be limited to, the cost of (1) outreach, (2) the certification of applicant households, (3) the acceptance, storage, protection, control, and accounting of coupons after their delivery to receiving points within the State, (4) the issuance of coupons to all eligible households, and (5) fair hearings: Provided, That the Secretary is authorized to pay each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further authorized at the Secretary’s discretion to pay any State agency administering the food stamp pro-gram on all or part of an Indian reservation under section 11(d) of this Act such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food stamp program. “(b) The Secretary shall (1) establish standards for the efficient and effective administration of the food stamp program by the States, including, but not limited to, staffing standards such as caseload per certification worker limitations, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant Funds, withholding. to clause (1) of this subsection. If the Secretary finds that a State has failed without good cause to meet any of the Secretary’s standards, or has failed to carry out the approved State plan of operation under section 11(d) of this Act, the Secretary shall withhold from the State such funds authorized under subsections (a) and (c) of this section as the Secretary determines to be appropriate. “(c) Effective October 1, 1978, the Secretary is authorized to adjust a State agency’s federally funded share of administrative costs pursuant to subsection (a) of this section, other than the costs already shared in excess of 50 per centum as described in the exception clause of subsection (a) of this section, by increasing such share to 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rates with respect to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d) (1) of this section is less than five per centum. “(d) Effective October 1, 1978, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsection (c) of this section shall be required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 11(d) of this Act, a quality control plan for the State which shall specify the actions such State proposes to take in order to reduce— “(1) the incidence of error rates in and the value of— “(A) food stamp allotments for households which fail to meet basic program eligibility requirements; “(B) food stamp allotments overissued to eligible households; and “(C) food stamp allotments underissued to eligible households; and “(2) the incidence of invalid decisions in certifying or denying eligibility. “(e) As used in this section ‘quality control’ means monitoring “Quality control.” and reducing the rate of errors in determining basic eligibility and benefit levels. “Sec. 17. “research, demonstration, and evaluations (a) The Secretary may, by way of making contracts with Contracts or grants. 7 USC 2026. or grants to public or private organizations or agencies, undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. “(b) “(1) The Secretary is authorized to conduct on a trial basis, in Pilot projects. one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act, the use of countersigned food coupons or similar identification 42 USC 1381. mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the Waiver. degree necessary for such projects to be conducted, except that no project shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sect ions 5 and 8 of this Act. “(2) The Secretary shall, jointly with the Secretary of Labor, implement Pilot projects. two pilot projects involving the performance of work in return for food stamp benefits in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture, such projects to be (A) appropriately divided in each region between locations that are urban and rural in characteristics and among locations selected to provide a representative cross-section of political subdivisions in the States and (B) submitted for approval prior to project Submittal for approval to congressional committees. implementation, together with the names of the agencies or organizations that will be engaged in such projects, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Under such pilot Eligibility. projects, any person who is subject to the work registration requirements pursuant to section 6(d) of this Act, and is a member of a household that does not have earned income equal to or exceeding the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, shall be ineligible to participate in the food stamp program as a member of any household during any month in which such person refuses, after not being offered employment in the private sector of the economy for more than thirty days after the initial registration for employment referred to in section 6(d) (1) (i) of this Act, to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812), for which employment compensation shall be paid in the form of the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, with each hour of employment entitling the household to a portion of the allotment equal in value to 100 per centum of the Federal minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall not, together with any other hours worked in any other capacity by such person exceed forty hours a week; and which employment shall not be used by the employer to fill a job opening created by the action of such employer in laying off or terminating the employment of any regular employee not supported under this paragraph in anticipation of filling the vacancy so created by hiring an employee or employees to be supported under this paragraph: Provided, That all of the political subdivision’s or prime sponsor’s public service jobs supported under the Comprehensive Employment and Training Act of 1973, as amended 29 USC 801 note. (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to this paragraph: Provided further, That the sponsor of each such project shall provide the assurances required of prime sponsors under section 205(c) (7), (8), (15), (19), and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require such sponsors to comply with the conditions contained in sections 208(a) (1), (4), and (5) and (c) and 703(4) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and Joint reports, issuance to congressional committees. (c) and 983). The Secretary and the Secretary of Labor shall jointly issue reports to the appropriate committees of Congress on the progress of such pilot projects no later than six and twelve months following enactment of this Act, and shall issue a final report describing the results of such pilot projects no later than eighteen months following enactment of this Act. “(c) The Secretary shall develop and implement measures for evaluating, on an annual or more frequent basis, the effectiveness of the food stamp program in achieving its stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and different regions of residence. “(d) Notwithstanding any other provision of law, the Secretary shall, in consultation with the Secretary of the Treasury, conduct a study, through the use of Federal income tax data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food stamp benefits from members of eligible households in which the adjusted gross income of members of such households for a 26 USC 1 et seq. calendar year (as defined by the Internal Revenue Code of 1954) may exceed twice the income poverty guidelines set forth in section 5(c) of this Act. Such study shall be conducted in rural and urban areas Report to congressional committees. Recommendations. only on a voluntary basis by food stamp recipients. The Secretary shall, no later than twelve months and eighteen months from the date of enactment of this Act, report the results of the study to the Committees on Agriculture and Ways and Means of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Finance of the Senate, together with such recommendations as the Secretary deems appropriate. “Sec. 18. “authorization for appropriations (a) To carry out the provisions of this Act, there are 7 USC 2027. hereby authorized to be appropriated not in excess of $5,847,600,000 for the fiscal year ending September 30, 1978; not in excess of $6,158,900,000 for the fiscal year ending September 30, 1979; not in excess of $6,188,600,000 for the fiscal year ending September 30, 1980; and not in excess of $6,235,900,000 for the fiscal year ending September 30, 1981. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 17 of this Act. Stuns appropriated under the provisions of this Act shall, notwithstanding the provisions of any other law, continue to remain available until expended. “(b) In any fiscal year, the Secretary shall limit the value of those Allotment value, limitation. allotments issued to an amount not in excess of the appropriation for such fiscal year. If in any fiscal year the Secretary finds that the requirements of participating States will exceed the limitation set herein, the Secretary shall direct State agencies to reduce the value of such allotments to be issued to households certified as eligible to participate in the food stamp program to the extent necessary to comply with the provisions of this subsection.”
1977
Food and Agriculture Act of 1977
Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913
Added · 7 U.S.C. § 2014(e)(h)
Pub. L. 95–113 added subsecs. (e) to (h)
Source evidence
Code amendment note
Subsecs. (e) to (h). Pub. L. 95–113 added subsecs. (e) to (h).
Enacted provision · exact public law section
Sec. 1301. food stamp act of 1964 amendments Effective October 1, 1977, the Food Stamp Act of 1964, as amended, is amended to read as follows: “Section 1 “short title This Act may be cited as the ‘Food Stamp Act of 1977’. “Sec. 2 “declaration of policy It is hereby 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 hereby 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 food stamp 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. “Sec. 3 “definitions As used in this Act, the term: “(a) ‘Allotment’ means the total value of coupons a household is authorized to receive during each month. “(b) ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the house-hold is entitled to be issued. “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. In the case of a house-hold all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. In the case of all other households the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary. “(d) ‘Coupon’ means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. “(e) ‘Coupon 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 coupons to households. “(f) ‘Drug addiction or alcoholic treatment and rehabilitation program’ means any such program conducted by a private nonprofit organization or institution 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 42 USC 4551 note. 21 USC 1101 note. Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drag Abuse Office and Treatment Act of 1972) as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. “(g) ‘Food’ means (1) any food or food product for home consumption except alcoholic leverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), and (5) 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 under title XVI of the Social Security Act, and their 42 USC 1381. 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 served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, and (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 deter-mines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such house-holds depend to a substantial extent upon hunting and fishing for subsistence. “(h) ‘Food stamp program’ means the program operated pursuant to the provisions of this Act. “(i) ‘Household’ means (1) 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 else pays compensation to the others for such meals, or (2) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption or else live with others and pay compensation to the others for such meals. In neither event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house. For the purposes of this subsection, residents of federally subsidized housing for the elderly and narcotics 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 shall not be considered residents of institutions. “(j) ‘Reservation’ means the geographically defined area or areas over which a tribal organization (as that term is defined in section 3(p) of this Act) exercises governmental jurisdiction. “(k) ‘Retail food store’ means (1) an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume 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, (2) an establishment, organization or program referred to in subsections (g) (3), (4), and (5) of this section, (3) a store purveying the hunting and fishing equipment described in subsection (g) (6) of this section, 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. “(l) ‘Secretary’ means the Secretary of Agriculture. “(m) ‘State’ means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. “(n) ‘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 4(b) of this Act or a food stamp program under section 11(d) of this Act. “(o) ‘Thrifty food plan’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty- four. 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 taking into account economies of scale, (2) make cost adjustments in the thrifty food plan for Alaska and Hawaii to reflect the cost of food in those States, (3) make cost adjustments in the separate thrifty food plans for Guam, Puerto Rico, 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) adjust the cost of such diet every January 1 and July 1 to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the six months ending the preceding September 30 and March 31, respectively. “(p) ‘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 25 USC 450f note. tribe, band, or community holding a treaty with a State government. “Sec. 4. “establishment of the food stamp program (a) Subject to the availability of funds appropriated under Administration. 7 USC 2013. section 18 of this Act, the Secretary is authorized to formulate and administer a food stamp 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. The coupons so received by such households Coupons. shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall lie redeemable at face value by the Secretary through the facilities of the Treasury of the United States. “(b) In jurisdictions where the food stamp program is in operation, Distribution of food. 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. Distribution of commodities, with or without Request by tribal organization. the food stamp program, shall also 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 Administrative costs. 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. “(c) The Secretary shall issue such regulations consistent with this Regulations. Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of the United States Code. In addition, Statement, transmittal to congressional committees. 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. “Sec. 5 “eligible households (a) Participation in the food stamp 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. Assistance under this program shall be furnished to all eligible households who make application for such participation. “(b) The Secretary shall establish uniform national standards of eligibility (other than the income standards for Alaska, Hawaii, Guam, Puerto Rico, 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 food stamp program in accordance with the State plans. 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) The income standards of eligibility shall be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget adjusted annually pursuant to section 625 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam, respectively: Provided, That in no event shall the standards of eligibility for Puerto Rico, the Virgin Islands of the United States, or Guam exceed those in the forty-eight contiguous States: Provided further, That the income poverty guidelines for the period commencing July 1, 1978, shall 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 the income poverty guidelines for future periods shall be similarly adjusted. “(d) Household income for purposes of the food stamp 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, (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, (3) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like to the extent that they are used for tuition and mandatory school fees at an institution of higher education or school for the handicapped, (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, (6) moneys received and used for the care and maintenance of a third-party beneficiary who is not a household member, (7) income earned by a child who is a member of the household, who is a student, and who has not attained his eighteenth birthday, (8) moneys received in the form of nonrecurring lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, 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, and (10) any income that any other law specifically excludes from consideration as income for the purpose of determining eligibility for the food stamp program. “(e) In computing household income, the Secretary shall allow a Standard deduction, allowance. standard deduction of $60 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction determined by the Secretary in accordance with the best available information on the relationship of actual or potential itemized deductions claimed under the food stamp program in those areas to such deductions in the forty-eight contiguous States and the District of Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment. adjusted every July 1 and January 1 to the nearest $5 to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics for items other than food for the six months ending the preceding March 31 and September 30, respectively. All households with earned income Additional deductions. shall be allowed an additional deduction of 20 per centum of all earned income (other than that excluded by subsection (d) of this section), to compensate for taxes, other mandatory deductions from salary, and work expenses. Households shall also be entitled to (1) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of this subsection, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education which is preparatory for employment, or (2) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed: Provided, That the amount of such Limitation. excess shelter expense deduction shall not exceed $75 a month in the. forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States, amounts determined by the Secretary in accordance with the best available information on the relationship of the actual shelter costs in those areas to such costs in the forty-eight contiguous States and the District of Columbia, adjusted annually (commencing July 1, 1978) to the nearest $5 increment to reflect changes in the shelter, fuel, and utilities components of housing costs in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the twelve-month period ending the preceding March 31, 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. “(f) Household income shall be calculated by the State agency for Calculation by State agency. the purpose of determining household eligibility. The State agency in calculating household income shall take into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income which has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period, except that for (1) those households which 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, income shall be calculated by being averaged over a twelve-month period and (2) those households which receive non excluded income of the type specified in subsection (d)(3) of this section, income shall be calculated by being averaged over the period for which it is provided. “(g) The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets) an eligible house-hold may own, and shall, in so doing, assure that a household other-wise eligible to participate in the. food stamp program will not be eligible to participate if its resources exceed $1,750, 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. The Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value Study, report to congressional committees. of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements 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. “(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, 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 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code. “(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster pro-gram, which shall be available to go into a disaster area and provide direct assistance to State and local officials. “Sec. 6 “eligibility disqualifications (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, 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 food stamp program. “(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review. “(c) No household shall be eligible to participate in the food stamp 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. Every household that is participating in the food stamp program Changes, report to State agency. shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households. “(d) (1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, no household shall be eligible for assistance under this Act if it. includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the household and voluntarily quits any job without good cause, unless the household was certified for benefits under this Act immediately prior to such unemployment: Provided, That the period of ineligibility shall be sixty days from the time of the voluntary quit; or (iv) refuses without good cause to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a) (1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout. “(2) A person who otherwise would be required to comply with the Exemptions. 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; (B) a parent or other member of a household with responsibility for the care of a dependent child under age twelve or of an incapacitated person: (C) a parent or other caretaker of a child in a household where there is another able-bodied parent who is subject to the requirements of this subsection; (D) 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 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); (E) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (F) 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. “(3) To the extent that a State employment service is assigned responsibility for administering the provisions of subsection (d) of this section, it shall comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations shall be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act (42 U.S.C. 630 et. seq.) and shall take into account the diversity of the needs of the food stamp work registration population. “(e) 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) has reached his or her eighteenth birthday, (2) is enrolled at least half time in an institution of higher education, and (3) (A) is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible house-hold or (B) during the regular school year (i) is not employed a minimum of twenty hours per week or is not participating in a federally financed work study program, (ii) does not have weekly earnings which at least equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by twenty hours, (iii) is not registered for work amounting to at least twenty hours per week, (iv) is not the head of a household containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or (v) is not covered by an exemption from the work registration requirement contained in subsection (d) of this section other than clause (D) of paragraph (2) of that subsection. “(f) 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 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 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an alien who has qualified for conditional entry pursuant to section 203(a) (7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity; 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 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)) 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. No aliens other than the. ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. “(g) No individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary 42 USC 1381. 42 USC 1382e. payments described in section 1616 of such Act, 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 87 Stat. 155. 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 and section 212(a) of Public Law 93–66, and (2) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. “(h) No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp 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. “Sec. 7 “issuance and use of coupons (a) Coupons shall be printed under such arrangements and Printing. 7 USC 2016. in such denominations as may be determined by the Secretary to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. “(b) Coupons 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 food stamp program at prices prevailing in such stores: Provided, That nothing in this Act 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: 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. “(c) Coupons issued to eligible households shall be simple in design Design. and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons. “(d) The Secretary shall develop an appropriate procedure for Inventory levels, monitorship. determining and monitoring the level of coupon inventories in the hands of coupon issuers for the purpose of providing that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such issuers). Such procedures shall provide that coupon inventories in the hands of such issuers are not in excess of the reasonable needs of such issuers taking into consideration the ease with which such coupon inventories may be Monthly operations report. resupplied. The Secretary shall require each coupon issuer at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary or the Secretary’s designee, which may include the State agency, a written report of the issuer’s operations during such period. Oath, certification by issuer. In addition to other information deemed by the Secretary to be appropriate, the Secretary shall require that the report contain an oath, or affirmation, signed by the coupon issuer, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon issuer, certifying that the information contained in the report is true and correct to the best of such person’s knowledge and belief. “(e) The Secretary shall prescribe appropriate procedures for the delivery of coupons to coupon issuers and for the subsequent controls to be placed over such coupons by coupon issuers in order to ensure adequate accountability. “(f) Notwithstanding any other provision of this Act, the State agency shall be responsible to the Secretary for any financial losses involved in the acceptance, storage, and issuance of coupons. “Sec. 8 “value of allotment (a) The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp 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 5 of this Act, rounded to the nearest whole dollar: Provided, That for households of one and two persons the minimum Report to Congress. allotment shall be $10 per month. The Secretary shall, six months after the implementation of the elimination of the charge for allotments and annually thereafter, report to Congress the effect on participation and cost of this elimination. “(b) The value of the allotment provided any eligible household 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 an allotment under this Act. “Sec. 9. “approval of retail food stores and wholesale food concerns (a) Regulations issued pursuant to this Act 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 coupons under the food stamp program and for the approval of those applicants whose participation will effectuate the Qualifications. purposes of the food stamp program. In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or wholesale food concern; and (3) the business Certificate. 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. “(b) No wholesale food concern may be authorized to accept and redeem coupons unless the Secretary determines that its participation is required for the effective and efficient operation of the food stamp program. In addition, no firm may be authorized to accept and redeem coupons as both a retail food store and as a wholesale food concern at the same time. “(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information which will permit a determination to lie made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards 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 Act or the regulations issued pursuant to this Act. “(d) Any retail food store or wholesale food concern which has Hearing. failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 14 of this Act. “Sec. 10. “redemption of coupons Regulations issued pursuant to this Act shall provide for 7 USC 2019. the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department, except that retail food stores defined in section 3(k)(4) of this Act shall be authorized to redeem their members’ food coupons prior to receipt by the members of the food so purchased and private nonprofit organizations or institutions which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment and rehabilitation programs shall not be authorized to redeem coupons through banks. “Sec. 11. “administration (a) The State agency of each participating State shall 7 USC 2020. assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain Record retention. whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable Inspection and audit. time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this Act. “(b) Certification of a household as eligible in any political subdivision Certification. shall, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remain valid for participation in the food stamp program for a period of sixty days from the date of such removal. “(c) In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs. “(d) The State agency (as defined in section 3(n) (1) of this Act) Plan of operation, approval. of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every politi-cal subdivision. In the case of all or part of an Indian reservation, the State agency as defined in section 3(n) (1) of this Act shall be responsible for conducting such program on such reservation unless the Secretary determines that the State agency (as defined in section 3 (n) (1) of this Act) is failing, subsequent to the enactment of this Act, properly to administer such program on such reservation in accordance with the purposes of this Act and further determines that the State agency as defined in section 3(n) (2) of this Act 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 USC 450f note. (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 Training and assistance. 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 3(n) (2) of Consultation with tribal organization. this Act. A State agency, as defined in section 3(n) (1) of this Act, before it submits its plan of operation to the Secretary for the administration of the food stamp program on all or part of an Indian reservation, shall consult in good faith with the tribal organization about that portion of the State’s plan of operation pertaining to the implementation of the program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation with the tribal organization. “(e) 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) inform low-income households about the availability, eligibility requirements, and benefits of the food stamp program, including, but not limited to, notification to recipients of aid to families with dependent children, supplemental security income, and unemployment compensation, distribution of application forms, and associated instructions in filling out such forms, and on the documentation required pursuant to paragraph (3) of this subsection; (B) not conduct any other outreach activities of a non-informational nature in those areas in which a federally funded community action program is Bilingual personnel and materials. in operation and conducting food stamp outreach; and (C) use appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English; “(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency’s computer system, or other exigencies as determined by the Secretary. Each application form shall contain a description Application form. in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household. The State agency shall comply with the standards established by the Secretary for points and hours of certification, and for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly; “(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of verification only of income other than that determined to be excluded by section 5(d) of this Act and such other eligibility factors as the Secretary determines to be necessary to implement sections 5 and 6 of this Act, 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; “(4) that the State agency shall insure that each participating Certification expiration, notice. Recertification. household receive a notice of expiration of its certification immediately prior to or at the start of the last month of its certification period advising it 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; “(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 5 and 6 of this Act and shall include no additional requirements imposed by the State agency; “(6) that (A) the State agency shall undertake the certification Certification. of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this Act; (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 United States Civil Service Commission pursuant to section 208 of the Intergovernmental Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. relating to the establishment and maintenance of personnel stand- Personnel, training. ards on a merit basis; and (C) the State agency shall undertake to provide a continuing, comprehensive program of training for all personnel undertaking such certification; “(7) that any applicant household may be represented in the certification process and that any eligible household may be represented in coupon issuance or food purchase by a person other than a member of the household so long as that person has been clearly designated as the representative of that household for that purpose by the head of the household or the spouse of the head, and, where the certification process is concerned, the representative is an adult who is sufficiently aware of relevant household circumstances; “(8) safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; “(9) that households in immediate need because of no income as defined in sections 5 (d) and (e) of this Act receive coupons on an expedited basis; “(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of the State agency under any provision of its plan of operation as it affects the participation of such household in the food stamp program or by a claim against the household for an overissuance: Provided, That any household which timely requests such a fair hearing after receiving individual notice of agency action reducing or terminating its benefits within the household’s certification period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action until such time as the fair nearing is completed and an adverse decision rendered or until such time as the household’s certification period terminates, whichever occurs earlier; “(11) for the prompt restoration in the form of coupons to households of any allotment or portion thereof which has been wrongfully denied or terminated; “(12) for the submission of such reports and other information as from time to time may be required by the Secretary; “(13) for compliance with standards set by the Secretary with respect to points and hours of coupon issuance; “(14) for indicators of expected performance in the administration of the program; “(15) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet; and “(16) that the State agency shall specify a plan of operation for providing food stamps for households that are victims of a disaster; that such plan shall include, but not be limited to, procedures for informing the public about the disaster program and how to apply for its benefits, coordination with Federal and private dis-aster 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. “(f) To encourage the purchase of nutritious foods, the Secretary Food and nutrition program, extension. shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants. The program shall be further supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health. “(g) If the Secretary determines that in the administration of the State noncompliance, correction. food stamp program there is a failure by a State agency to comply with any of the provisions of this Act. the regulations issued pursuant to this Act, or the State plan of operation submitted pursuant to subsection (d) of this section, the Secretary shall immediately inform such State agency of such failure and shall allow the State agency a specified period of time for the correction of such failure. If the State agency Injunctive relief. does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(h) If the Secretary determines that there has been negligence or Deposit by States. fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the face value of any coupon or coupons issued as a result of such negligence or fraud. “(i) Notwithstanding any other provision of law, the Secretary and System, development. the Secretary of Health. Education, and Welfare shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2) households in which all members are recipients of 42 USC 601. supplemental security income shall be permitted to apply for participation in the food stamp program by executing a simplified affidavit at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance. shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. “(j) The Secretary, in conjunction with the Secretary of Health, Joint regulations, USDA—HEW. Education, and Welfare, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible. “(k) Subject to the approval of the President, post offices in all or part of the State may issue, upon request by the State agency, food stamps to eligible households. “Sec. 12. “civil money penalties and disqualification of retail food stores and wholesale food concerns Any approved retail food store or wholesale food concern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $5,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act or the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with Review. regulations issued pursuant to this Act. The action of disqualification or the imposition of a civil money penalty shall be subject to review as provided in section 14 of this Act. “Sec. 13. “determination of disposition of claims The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act, including, but not limited to, claims arising from fraudulent and nonfraudulent Delegation of authority. overissuances to recipients. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. “Sec. 14. “administrative and judicial review Whenever an application of a retail food store or wholesale food concern to participate in the food stamp program is denied pursuant to section 9 of this Act, or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of section 12 of this Act, or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 13 of this Act, or a claim against a State agency is stated pursuant to the provisions of section 13 of this Act, notice of such administrative action shall be issued to the retail food store, wholesale, food concern, or State agency involved. Such notice shall be Request for submission of information, filing. delivered by certified mail or personal service. If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request, for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store, concern, or State agency fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such request is made, by such store, concern, or State agency, such information as may be submitted by the store, concern, or State agency, as well as such other information as may be available, shall be reviewed by the person or persons designated by the Secretary, who shall, subject to the right of judicial review hereinafter provided, make a determination which shall be final and which shall take effect thirty days after the date of the delivery or service of such final notice of determination. If the store, Complaint, filing. concern, or State agency feels aggrieved by such final determination, it may obtain judicial review thereof by filing a complaint against the United States in the United States court for the district in which it resides or is engaged in business, or, in the case of a retail food store or wholesale food concern, in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon it, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as the Secretary may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial Stay. review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days’ notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. “Sec. 15. “violations and enforcement (a) Notwithstanding any other provision of this Act, the Coupon redemption. 7 USC 2024. Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. “(b) Whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both. or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. “(d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of section 8 of title 18, United States Code. “(e) Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide the report required under section 7(d) of this Act or of violating the regulations issued under section 7 (d) and (e) of this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(f) Any coupon issuer or any officer, employee, or agent thereof convicted of knowingly providing false information in the report required under section 7(d) of this Act shall be fined not more than $10,000 or imprisoned not more than five years, or both. “Sec. 16. “administrative cost-sharing and quality control (a) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs involved in each State agency’s operation of the food stamp program, which costs shall include, out not be limited to, the cost of (1) outreach, (2) the certification of applicant households, (3) the acceptance, storage, protection, control, and accounting of coupons after their delivery to receiving points within the State, (4) the issuance of coupons to all eligible households, and (5) fair hearings: Provided, That the Secretary is authorized to pay each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further authorized at the Secretary’s discretion to pay any State agency administering the food stamp pro-gram on all or part of an Indian reservation under section 11(d) of this Act such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food stamp program. “(b) The Secretary shall (1) establish standards for the efficient and effective administration of the food stamp program by the States, including, but not limited to, staffing standards such as caseload per certification worker limitations, and (2) instruct each State to submit, at regular intervals, reports which shall specify the specific administrative actions proposed to be taken and implemented in order to meet the efficiency and effectiveness standards established pursuant Funds, withholding. to clause (1) of this subsection. If the Secretary finds that a State has failed without good cause to meet any of the Secretary’s standards, or has failed to carry out the approved State plan of operation under section 11(d) of this Act, the Secretary shall withhold from the State such funds authorized under subsections (a) and (c) of this section as the Secretary determines to be appropriate. “(c) Effective October 1, 1978, the Secretary is authorized to adjust a State agency’s federally funded share of administrative costs pursuant to subsection (a) of this section, other than the costs already shared in excess of 50 per centum as described in the exception clause of subsection (a) of this section, by increasing such share to 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rates with respect to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d) (1) of this section is less than five per centum. “(d) Effective October 1, 1978, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsection (c) of this section shall be required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 11(d) of this Act, a quality control plan for the State which shall specify the actions such State proposes to take in order to reduce— “(1) the incidence of error rates in and the value of— “(A) food stamp allotments for households which fail to meet basic program eligibility requirements; “(B) food stamp allotments overissued to eligible households; and “(C) food stamp allotments underissued to eligible households; and “(2) the incidence of invalid decisions in certifying or denying eligibility. “(e) As used in this section ‘quality control’ means monitoring “Quality control.” and reducing the rate of errors in determining basic eligibility and benefit levels. “Sec. 17. “research, demonstration, and evaluations (a) The Secretary may, by way of making contracts with Contracts or grants. 7 USC 2026. or grants to public or private organizations or agencies, undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. “(b) “(1) The Secretary is authorized to conduct on a trial basis, in Pilot projects. one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act, the use of countersigned food coupons or similar identification 42 USC 1381. mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the Waiver. degree necessary for such projects to be conducted, except that no project shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sect ions 5 and 8 of this Act. “(2) The Secretary shall, jointly with the Secretary of Labor, implement Pilot projects. two pilot projects involving the performance of work in return for food stamp benefits in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture, such projects to be (A) appropriately divided in each region between locations that are urban and rural in characteristics and among locations selected to provide a representative cross-section of political subdivisions in the States and (B) submitted for approval prior to project Submittal for approval to congressional committees. implementation, together with the names of the agencies or organizations that will be engaged in such projects, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Under such pilot Eligibility. projects, any person who is subject to the work registration requirements pursuant to section 6(d) of this Act, and is a member of a household that does not have earned income equal to or exceeding the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, shall be ineligible to participate in the food stamp program as a member of any household during any month in which such person refuses, after not being offered employment in the private sector of the economy for more than thirty days after the initial registration for employment referred to in section 6(d) (1) (i) of this Act, to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812), for which employment compensation shall be paid in the form of the allotment to which the household is otherwise entitled pursuant to section 8(a) of this Act, with each hour of employment entitling the household to a portion of the allotment equal in value to 100 per centum of the Federal minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall not, together with any other hours worked in any other capacity by such person exceed forty hours a week; and which employment shall not be used by the employer to fill a job opening created by the action of such employer in laying off or terminating the employment of any regular employee not supported under this paragraph in anticipation of filling the vacancy so created by hiring an employee or employees to be supported under this paragraph: Provided, That all of the political subdivision’s or prime sponsor’s public service jobs supported under the Comprehensive Employment and Training Act of 1973, as amended 29 USC 801 note. (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to this paragraph: Provided further, That the sponsor of each such project shall provide the assurances required of prime sponsors under section 205(c) (7), (8), (15), (19), and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require such sponsors to comply with the conditions contained in sections 208(a) (1), (4), and (5) and (c) and 703(4) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and Joint reports, issuance to congressional committees. (c) and 983). The Secretary and the Secretary of Labor shall jointly issue reports to the appropriate committees of Congress on the progress of such pilot projects no later than six and twelve months following enactment of this Act, and shall issue a final report describing the results of such pilot projects no later than eighteen months following enactment of this Act. “(c) The Secretary shall develop and implement measures for evaluating, on an annual or more frequent basis, the effectiveness of the food stamp program in achieving its stated objectives, including, but not limited to, the program’s impact upon the nutritional and economic status of participating households, the program’s impact upon all sectors of the agricultural economy, including farmers and ranchers, as well as retail food stores, and the program’s relative fairness to households of different income levels, different age composition, different size, and different regions of residence. “(d) Notwithstanding any other provision of law, the Secretary shall, in consultation with the Secretary of the Treasury, conduct a study, through the use of Federal income tax data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food stamp benefits from members of eligible households in which the adjusted gross income of members of such households for a 26 USC 1 et seq. calendar year (as defined by the Internal Revenue Code of 1954) may exceed twice the income poverty guidelines set forth in section 5(c) of this Act. Such study shall be conducted in rural and urban areas Report to congressional committees. Recommendations. only on a voluntary basis by food stamp recipients. The Secretary shall, no later than twelve months and eighteen months from the date of enactment of this Act, report the results of the study to the Committees on Agriculture and Ways and Means of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Finance of the Senate, together with such recommendations as the Secretary deems appropriate. “Sec. 18. “authorization for appropriations (a) To carry out the provisions of this Act, there are 7 USC 2027. hereby authorized to be appropriated not in excess of $5,847,600,000 for the fiscal year ending September 30, 1978; not in excess of $6,158,900,000 for the fiscal year ending September 30, 1979; not in excess of $6,188,600,000 for the fiscal year ending September 30, 1980; and not in excess of $6,235,900,000 for the fiscal year ending September 30, 1981. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 17 of this Act. Stuns appropriated under the provisions of this Act shall, notwithstanding the provisions of any other law, continue to remain available until expended. “(b) In any fiscal year, the Secretary shall limit the value of those Allotment value, limitation. allotments issued to an amount not in excess of the appropriation for such fiscal year. If in any fiscal year the Secretary finds that the requirements of participating States will exceed the limitation set herein, the Secretary shall direct State agencies to reduce the value of such allotments to be issued to households certified as eligible to participate in the food stamp program to the extent necessary to comply with the provisions of this subsection.”
1979
Pub. L. 96–58 § 2 · 93 Stat. 389
Inserted · 7 U.S.C. § 2014(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 2. excess medical expense and excess shelter expense deductions for elderly persons and persons receiving supplemental security income benefits or social security disability payments Section 5(e) of the Food Stamp Act of 1977 is amended by— (1) inserting in the fourth sentence after “Households” the following: “, other than those households containing a member who is sixty years of age or over or who receives supplemental security income benefits under title XVI of the Social Security Act or disability payments under title II of the Social Security 42 USC 1381, 401. Act,”; and (2) adding at the end thereof a new sentence as follows: “Households containing a member who is sixty years of age or over or who receives supplemental security income benefits under title XVI of the Social Security Act or disability payments under title II of the Social Security Act shall also be entitled to— “(A) an excess medical expense deduction for that portion of the actual cost of allowable medical expenses, incurred by household members who are sixty years of age or over or who receive supplemental security income benefits under title XVI of the Social Security Act, or disability payments under title II of the Social Security Act, exclusive of special diets, that exceed $35 a month; “(B) a dependent care deduction, the maximum allowable level of which shall be the same as that for the excess shelter expense deduction contained in clause (2) of the preceding sentence, for the actual cost of payments necessary for the care of a dependent, regardless of the dependent’s age, when such care enables a household member to accept or continue employment, or training or education that is preparatory for employment; and “(C) an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 per centum of monthly household income after all other applicable deductions have been allowed.”.
1980
Home Energy Assistance Act of 1980
Pub. L. 96–223 title III § 313(c)(2) · 94 Stat. 229
1. Added · 7 U.S.C. § 2014(d)
  Pub. L. 96–223 added cl. (10)
2. Redesignated · 7 U.S.C. § 2014(d)
  Pub. L. 96–223 redesignated former cl. (10), relating to income specifically excluded from consideration by any other law, as cl. (11)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(2) Section 5(d) of the Food Stamp Act of 1977 is amended by 7 USC 2014. striking out “and (10)” and inserting in lieu thereof the following: “(10) during fiscal year 1981, any income attributable to an increase in State public assistance grants which is intended primarily to meet the increased cost of home energy, and (11)”.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 § 137 · 94 Stat. 357
Struck · 7 U.S.C. § 2014(c)
Pub. L. 96–249, § 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–249, § 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.
Enacted provision · exact public law section
Sec. 137. adjustment of poverty guidelines Section 5(c) of the Food Stamp Act of 1977 is amended by striking out everything after “forty-eight contiguous States” and inserting a period in lieu thereof.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 title I · 94 Stat. 357
1. Inserted · 7 U.S.C. § 2014(d)
  Pub. L. 96–249, §§ 102, 112, inserted in cl. (2) “subject to modification by the Secretary in light of subsection (f)(2) of this section,” after “quarter,”
2. Added · 7 U.S.C. § 2014(d)
  Pub. L. 96–249, §§ 102, 112, added cl. (11), relating to energy assistance payments or allowances
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–249, §§ 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.
Enacted provision · exact public law
TITLE I— REDUCTION IN FOOD STAMP ERROR AND FRAUD AND REVISION OF DEDUCTIONS Sec. 101. meals in shelters for battered women and children (a) Section 3 of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out in clause (1) of subsection (g) “and (7)” and inserting in lieu thereof “(7), and 93 Stat. 392. (8)”; (2) striking out in subsection (g) “and (7)” and inserting in lieu thereof “(7)”; (3) inserting immediately before the period at the end of subsection (g) the following: “, and (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”; (4) inserting in the last sentence of subsection (i) after “section 1616(e) of the Social Security Act,” the following: “temporary 42 USC 1382e. residents of public or private nonprofit shelters for battered women and children,”; and (5) striking out in clause (2) of subsection (k) “and (7)” and inserting in lieu thereof “(7), and (8)”. (b) Section 10 of the Food Stamp Act of 1977 is amended as follows: 93 Stat. 392. 7 USC 2019. (1) inserting after “purchased” a comma; (2) striking out the comma immediately after “residents”; and (3) inserting after “programs” the following: “, public and private nonprofit shelters that prepare and serve meals for battered women and children”. Sec. 102. excluding energy assistance payments from income Section 5(d) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out “and” before “(10)”; and (2) inserting before the period at the end thereof the following: “, and (11) any payments or allowances made under any Federal, State, or local laws for the purpose of providing energy assistance”. Sec. 103. consumer price index Section 5(e) of the Food Stamp Act of 1977 is amended by inserting “for all urban consumers” after “Consumer Price Index” each time those words appear. Sec. 104. dependent care deductions for working adults Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by— (1) in the fourth sentence, amending clause (1) to read as follows: “(1) a dependent care deduction for the actual cost of payments necessary for the care of a dependent regardless of the dependent’s age, the maximum allowable level of which shall be $90 per month, per household, when such care enables a household member to accept or continue employment, or training or education that is preparatory for employment, and”; (2) in the fourth sentence, striking out everything after “March 31” down to the period at the end of the sentence; and (3) in clause (B), striking out “that for the excess shelter expense deduction contained in clause (2) of the preceding sentence” and inserting in lieu thereof the following: “described in clause (1) of the preceding sentence”. Sec. 105. expanded medical deductions for the elderly Effective October 1, 1981, section 5(e)(A) of the Food Stamp Act of 1977 is amended by— (1) inserting “or their spouses” before “, exclusive of special diets, ”; and (2) striking out “$35” and inserting in lieu thereof “$25”. Sec. 106. medical deduction for the blind and disabled in certain areas Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by: (1) in the fourth and last sentences, inserting “and blindness” after each time “disability” appears; and (2) in the fourth and last sentences, striking out “title II” each time that it appears and inserting in lieu thereof: “titles I, II, X, XIV, and XVI”. Sec. 107. retrospective accounting Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) 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 the State agency for the purpose of determining household eligibility by being averaged over a twelve-month period. For those households that receive nonexcluded income of the type specified in subsection (d)(3) of this section, such income shall be calculated by being averaged over the period for which it is provided. State agencies shaft elect and use one of the following two methods in calculating income for all other households: “(1) taking into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income that has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period; or “(2) using income received in a previous month as the basis, in accordance with standards prescribed by the Secretary, except for the month of application and subsequent months specified by the Secretary for newly applying households (other than households reapplying within thirty days after the end of a prior certification period). In addition, the Secretary shall make modifications or exceptions to this method of income calculation with respect to households experiencing sudden and significant losses of income (including households experiencing losses of income of $50 per month or more) or the addition of a new member, households in immediate need in accordance with the provisions of section 11(e)(9) of this Act, migrant farmworker households, 7 USC 2020. and other classes of households if the Secretary determines that this method of income calculation would be impracticable to administer or would cause serious hardship for such households. In promulgating regulations governing the method of income calculation Regulations, consultation with Secretary of Health and Human Services. described in this subsection, the Secretary shall consult with the Secretary of Health and Human Services so that, wherever feasible, and consistent with the purposes of the applicable Acts, households receiving income under title IV–A of the Social Security Act shall have income calculated 42 USC 601. on a consolidated and comparable basis.”. Sec. 108. vehicle use by handicapped household members The second sentence of section 5(g) of the Food Stamp Act of 1977 is amended by— 7 USC 2014. (1) inserting after “other than one used to produce earned income” the following: “or that is necessary for transportation of a physically disabled household member”; and (2) striking out “or to transport disabled household members”. Sec. 109. state option on administrative fraud hearings Section 6(b) of the Food Stamp Act of 1977 is amended by 93 Stat. 391. 7 USC 2015. inserting after the first sentence thereof a new sentence as follows: “Each State agency shall proceed against such alleged fraudulent activity either by way of administrative fraud hearings in accordance with clause (1) of this subsection or by referring such matters to appropriate legal authorities for civil or criminal action in accordance with clause (2) of this subsection, or both.”. Sec. 110. periodic reporting Section 6(c) of the Food Stamp Act of 1977 is amended by 7 USC 2015. striking out everything after the first sentence and inserting in lieu thereof the following: “(1) State agencies that elect to use a system of retrospective accounting in accordance with section 5(f)(2) of this Act shall Ante, p. 358. require certain categories of households to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary. Other State agencies, which have received the approval of the Secretary, may also require such categories of households to file periodic reports. Each household that is not required to file such periodic reports on a monthly basis shall be required to report or cause to be reported to the State agency, on a form designed or approved by the Secretary, changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. “(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 forms approved by the Secretary, and (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 7 USC 2020. rights under section 11(e)(10) of this Act. “(3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels. 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 Act including the prescribed penalties. The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in Regulations, consultation with Secretary of Health and Human Services. 42 USC 601. circumstances for participating households. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV–A of the Social Security Act and that are required to file comparable reports under that Act shall be provided the opportunity to file reports at the same time for purposes of both Acts.”. Sec. 111. conforming amendments for retrospective accounting and periodic income reporting Section 3(c) of the Food Stamp Act of 1977 is amended to read as follows: “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. For those households that are required to submit periodic reports under section 6(c)(1) of this Act, the certification period shall be at least six months but no longer than twelve months. For households that are not required to submit periodic reports, the certification period shall be determined as follows: “(1) In the case of a household all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. “(2) In the case of all other households, the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary.”. Sec. 112. Section 5(d)(2) of the Food Stamp Act of 1977 is amended 7 USC 2014. by inserting after the second comma the following: “subject to modification by the Secretary in light of section 5(f)(2) of this Act,”. Ante, p. 358. 7 USC 2020. Sec. 113. Section 11(e)(4) of the Food Stamp Act of 1977 is amended by inserting immediately after “subsection” the following: “: 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 5(f)(2) and 6(c) of this Act if Ante, pp. 358, 359. administratively necessary”. Sec. 114. participation by strikers Section 6(d) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new paragraph (4) as follows: “(4) Notwithstanding any other provision of law, a household shall not participate in the food stamp 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 501(2) of the Labor Management Relations Act, 1947, because of a labor dispute (other than a lockout) as defined in 29 USC 142. 29 USC 152. section 2(9) of the National Labor Relations Act: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately prior to such strike: 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: Provided further, That such ineligibility shall not apply if the household meets the income qualifications, assets requirements, and work registration requirements, as mandated in subsection (i) of this section.”. Sec. 115. income and resources of ineligible alien Section 6(f) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new sentence as follows: “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 shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.”. Sec. 116. matching of income information and other verification Section 11(e)(3) of the Food Stamp Act of 1977 is amended 7 USC 2020. by— (1) inserting after “section 5(d) of this Act” the following: “(in part through the use of the information, if any, obtained under Post, p. 367. subsections (h) and (i) of section 16 of this Act)”; and (2) inserting after “sections 5 and 6 of this Act,” the following: “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program 7 USC 2025. conducted under section 16 of this Act and as approved by the Secretary,”. Sec. 117. photo identification Section 11(e) of the Food Stamp Act of 1977, as amended, is amended by striking out “and” at the end of paragraph (15), and adding at the end thereof a new paragraph (17) as follows: “(17) that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the last sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity, to present a photographic identification card when using its authorization card in order to receive its coupons;”. Sec. 118. reporting illegal aliens Section 11(e) of the Food Stamp Act of 1977, as amended by section 117 of this Act, is amended by adding at the end thereof a new paragraph (18) as follows: “(18) notwithstanding paragraph (8) of this subsection, for the immediate reporting to the Immigration and Naturalization Service by the State agency of a determination by personnel responsible for the certification or recertification of households that any member of a household is ineligible to receive food stamps because that member is present in the United States in 8 USC 1101 note. violation of the Immigration and Nationality Act;”. Sec. 119. computerization Section 11(e) of the Food Stamp Act of 1977, as amended 7 USC 2020. by section 118 of this Act, is amended by inserting “and” at the end of paragraph (18) and adding at the end thereof a new paragraph (19) as follows: “(19) at the option of the State agency, for the establishment and operation of an automatic data processing and information retrieval system that meets such conditions as the Secretary may prescribe and that is designed to provide efficient and effective administration of the food stamp program.”. Sec. 120. state compliance with law Section 11(g) of the Food Stamp Act of 1977 is amended by— (1) inserting after “determines” the following: “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,”; (2) inserting “without good cause” before “to comply”; (3) striking out “or” before “the State plan of operation”; (4) inserting after “section,” the following: “or the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) of this Act”; and 7 USC 2025. (5) inserting before the period at the end of the second sentence the following: “, and, whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 16(a) and 16(c) of this Act as the Secretary determines to be 93 Stat. 391. 7 USC 2025. Post, p. 364. 7 USC 2023. 7 USC 2025. appropriate, subject to administrative and judicial review under section 14 of this Act.”. Sec. 121. Section 16(b) of the Food Stamp Act of 1977 is amended by striking out the last sentence thereof. Sec. 122. social security office application Section 11(i)(2) of the Food Stamp Act of 1977 is amended 7 USC 2020. by striking out “simplified affidavit” and inserting in lieu thereof “simple application”. Sec. 123. special financial audit review of high participation states Section 11 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (1) as follows: “(1) Whenever the ratio of a State’s average food stamp participation in any quarter of a fiscal year to the State’s total population in that quarter (estimated on the basis of the latest available population estimates as provided by the Department of Commerce, Bureau of the Census, Series P–25, Current Population Reports (or its successor series)) exceeds 60 per centum, the Office of the Inspector General of the Department of Agriculture shall immediately schedule a financial audit review of a sample of project areas within that State, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days. Any financial audit review subsequent to the first such review, required under the preceding sentence, shall be conducted at the option of the Office of the Inspector General.”. Sec. 124. forfeiture of property involved in illegal food stamp transactions Section 15 of the Food Stamp Act of 1977 is amended by 7 USC 2024. adding at the end thereof a new subsection (g) as follows: “(g) The Secretary may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities, or other things of value that are furnished or intended to be furnished by any person in exchange for coupons or authorization cards in any manner not authorized by this Act or the regulations issued under this Act. Any forfeiture and disposal of property forfeited under this subsection shall be conducted in accordance with procedures contained in regulations issued by the Secretary.”. Sec. 125. state incentives for reducing error Section 16(c) of the Food Stamp Act of 1977 is amended by— (1) striking out “Effective October 1, 1978, the” and inserting in lieu thereof “The”; (2) inserting “(1) effective October 1, 1978,” after “such share to”; (3) inserting “(A)” after “State agency whose”; (4) inserting “semiannual” before “cumulative”; (5) striking out “section is less” and inserting in lieu thereof “section are less”; (6) inserting before the period at the end thereof the following: “and (B) whose rate of invalid decisions in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this section is less than a nationwide percentage that the Secretary determines to be reasonable; “(2) effective October 1, 1980, 65 per centum of all such administrative costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; “(3) effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rate as determined under paragraph (1)(A) of this subsection is greater than 5 per centum but less than 8 per centum or the national standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and “(4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per centum. No State agency shall receive more than one of the increased federally funded shares of administrative costs set forth in paragraphs (1) through (4) of this subsection”. Sec. 126. state liability for errors Section 16 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (g) as follows: “(g) (1) The Secretary shall institute an error liability program under which each State agency shall, other than for good cause as determined by the Secretary, pay to the Secretary or have withheld by the Secretary as described in paragraph (4) of this subsection, the amount by which the dollar value equivalent of the State agency’s payment error rate, as determined by the Secretary, for each six-month period, exceeds the dollar value equivalent of either— “(A) the State agency payment error rate for the base period less a national annual rate of error reduction, as determined by the Secretary, taking into account program circumstances and rates of error reduction in comparable Federal or federally assisted public assistance programs, or “(B) the national standard payment error rate for the base period, whichever is higher. “(2) As used in this subsection, (A) ‘base period’ means, for fiscal year 1981, the six months beginning October 1, 1979, and ending March 31, 1980 and, for each fiscal year thereafter, the six months beginning October 1 and ending March 30 of the prior fiscal year; (B) ‘payment error rate’ means the percentage of all food stamp allot-ments which are issued in a given period by a State agency to households that fail to meet the eligibility requirements of sections 5 and 6 of this Act, are overissued to eligible households, and are 7 USC 2014, 2015. underissued to eligible households; (C) ‘national standard payment error rate’ means the weighted mean payment error rate for all State agencies; and (D) ‘dollar value equivalent’ means the value of allotments determined by multiplying a given error rate by the dollar value of all the allotments issued by a State agency during the particular period in question. “(3) The Secretary shall conduct a study to determine whether it is Feasibility study. feasible to include in the calculation of each State agency’s payment error rate, and in the calculation of the national standard payment error rate, invalid decisions by each State agency denying eligibility to households that are in fact eligible. If the Secretary determines that such a change in the method of calculation is feasible, the Secretary shall implement changes in the method of calculating payment error rates for the purposes described in this section. “(4) If the Secretary makes a claim against a State for payment Administrative and judicial review. under paragraph (1) of this subsection, that State may seek administrative and judicial review of such claim under the procedures set forth in section 14 of this Act. If such claim is ultimately determined 7 USC 2023. to be valid or is not contested by the State, it shall be collected by the Secretary and may be collected through State payment, through withholding amounts otherwise payable to the State agency under subsection (a) of this section, or through other mechanisms authorized by the Federal Claims Collection Act of 1966.”. 31 USC 951 note. Sec. 127. disclosure provisions (a) (1) Subsection (i) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of returns and return information 26 USC 6103. for purposes other than tax administration) is amended by adding at the end thereof the following new paragraph: “(7) Disclosure of certain return information by social security administration to department of agriculture and to state food stamp agencies.— “(A) In general.— The Commissioner of Social Security may disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and 26 USC 1402, 3121, 3401. payments of retirement income which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of tins subsection— “(i) upon request, to officers and employees of the Department of Agriculture, and “(ii) upon written request, to officers and employees of a State food stamp agency. “(B) Restriction on disclosure.— The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, determining an individual’s eligibility for benefits, or the amounts of benefits, under the food stamp program established under the Food Stamp Act of 1977. 7 USC 2011 note. “(C) State food stamp agency.— For purposes of this paragraph, the term ‘State food stamp agency means any agency described in section 3(n)(1) of the Food Stamp Act of 7 USC 2012. 1977 which administers the food stamp program established under such Act.”. (2) (A) Subparagraph (A) of section 6103(p)(3) of such Code (relating to records of inspection and disclosure) is amended by striking out “(l)(1) or (4)(B) or (5)” and inserting in lieu thereof “(l)(1), (4)(B), (5), or (7)”. (B) Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended by striking out “(l)(3) or (6)” in so much of such paragraph as precedes subparagraph (A) thereof and inserting in lieu thereof “(l)(3), (6), or (7)”. (C) Clause (i) of section 6103(p)(4)(F) of such Code is amended by striking out “(1)(6)” and inserting in lieu thereof “(l)(6) or (7)”. (D) The first sentence of paragraph (2) of section 7213(a) of such 26 USC 7213. Code is amended— (i) by striking out “or any educational institution” and inserting in lieu thereof “any educational institution, or any State food stamp agency (as defined in section 6103(l)(7)(C))”, and (ii) by striking out “subsection (d), (1)(6), or (m)(4)(B)” and inserting in lieu thereof “subsection (d), (1)(6) or (7), or (m)(4)(B)”. (3) The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) (1) Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) (1) The State agency charged with the administration of the State law— “(A) shall disclose, upon request and on a reimbursable basis, to officers and employees of the Department of Agriculture and to officers or employees of any State food stamp agency any of the following information contained in the records of such State agency— “(i) wage information, “(ii) whether an individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received (or to be received) by such individual, “(iii) the current (or most recent) home address of such individual, and “(iv) whether an individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor, and “(B) shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977. “(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State. “(3) For purposes of this subsection, the term ‘State food stamp agency’ means any agency described in section 3(n)(1) of the Food Stamp Act of 1977 which administers the food stamp program 7 USC 2012. established under such Act.”. (2) Paragraph (2) of section 304(a) of the Social Security Act is 42 USC 504. amended by striking out “subsection (b) or (c)” and inserting in lieu thereof “subsection (b), (c), or (d)”. (3) The amendments made by this subsection shall take effect on Effective date. 42 USC 503 note. January 1, 1983. Sec. 128. payment of certain legal fees Section 16 of the Food Stamp Act of 1977, as amended by 7 USC 2025. section 126 of this Act, is amended by adding at the end thereof a new subsection (h) as follows: “(h) Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of officers and employees of the Department of Agriculture may be paid in judicial or administrative proceedings to which such officers and employees have been made parties and that arise directly out of their performance of duties under this Act; and”. Sec. 129. cost sharing for computerization Section 16 of the Food Stamp Act of 1977, as amended by section 128 of this Act, is amended by adding at the end thereof a new subsection (i) as follows: “(i) Effective October 1, 1980, the Secretary is authorized to pay to each State agency an amount equal to— “75 per centum of the costs incurred by the State agency in the planning, design, development, or installation of automatic data processing and information retrieval systems that the Secretary determines (1) will assist in meeting the requirements of this Act, (2) meet such conditions as the Secretary prescribes, (3) are likely to provide more efficient and effective administration of the food stamp program, and (4) will be compatible with other such systems used in the administration of State plans under the Aid to Families with Dependent Children Program under title IV of the Social Security Act: Provided, That there shall be no such payments to the extent 42 USC 601. that a State agency is reimbursed for such costs under any other Federal program or uses such systems for purposes not connected with the food stamp program: Provided further, That any costs matched under this subsection shall be excluded in determining the State agency’s administrative costs under any other subsection of this section.”. Sec. 130. continuation of cash-out pilot projects Section 17(b)(1) of the Food Stamp Act of 1977 is 7 USC 2026. amended by adding at the end thereof a new sentence as follows: “Any pilot or experimental project implemented under this paragraph involving the payment of the value of allotments in the form of cash to eligible households shall be continued until October 1, 1981, if the State so requests.”. Sec. 131. workfare job-search time period Section 17(b)(2) of the Food Stamp Act of 1977, as amended, is amended by adding after the phrase “thirty days” in the Post, p. 368. second sentence the following: “(ten days in at least one pilot project area designated by the Secretary)”. Sec. 132. workfare pilot project revisions (a) Section 17(b)(2) of the Food Stamp Act of 1977 is amended by striking out everything after “Act,” in the last sentence and inserting in lieu thereof the following: “shall issue interim reports no later than October 1, 1979, October 1, 1980, and March 30, 1981, shall issue a final report describing the results of such pilot projects based upon their operation from their commencement through the fiscal year ending September 30, 1981, and shall pay to the agencies or organizations operating such pilot projects 50 per centum of all administrative costs involved in such operation.”. (b) The provisions of section 17(b)(2) of the Food Stamp Act of 1977 for the sharing of administrative costs, as added by subsection (a) of this section, shall be effective on the date of enactment of this Act. Sec. 133. study of cpi Section 17 of the Food Stamp Act of 1977, is amended by adding at the end thereof a new subsection (e) as follows: “(e) The Director of the Congressional Budget Office, in consultation with the Secretary, the Secretary of Commerce, and the Secretary of Labor, shall review the Consumer Price Index and the various alternative consumer price or cost-of-living indices, such as the Personal Consumption Expenditure (PCE) Deflator, to examine the limitations of each statistical alternative and the factors causing the various indices to differ with each other and to reflect inconsistencies with their own prior year indices in measuring the cost-of-living or the rate of inflation. The study shall seek to determine whether the Consumer Price Index is the most accurate indexation base for the food stamp program, or whether an alternative or combination of alternatives may be the more accurate indexation base to reflect Results, report to congressional committees. consumer prices or changes in the costs of living. The Director of the Congressional Budget Office shall report the results of the study to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Director deems appropriate, by February 1, 1981.”. Sec. 134. use of federal funds to interfere with program implementation Section 18(a) of the Food Stamp Act of 1977 is amended by— (1) inserting “(1)” immediately after the subsection designation; and (2) adding at the end thereof a new paragraph (2) as follows: “(2) No funds authorized to be appropriated under this Act or any other Act of Congress shall be used by any person , firm, corporation, group, or organization at any time, directly or indirectly, to interfere with or impede the implementation of any provision of this Act or any rule, regulation, or project thereunder, except that this limitation shall not apply to the provision of legal and related assistance in connection with any proceeding or action before any State or Federal agency or court. The President shall ensure that this paragraph is complied with by such order or other means as the President deems appropriate.”. Sec. 135. annual adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out “and” before “(4)”; (2) inserting “through January 1, 1980,” after “(4)”; and (3) inserting before the period at the end thereof the following: “, (5) on January 1, 1981, 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 September 30, and (6) on January 1, 1982, 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 September 30 and the subsequent three months ending December 31 as projected by the Secretary in light of the best available data; and, as of every January 1 thereafter, for the nine 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”. Sec. 136. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 93 Stat. 390. 7 USC 2014. Ante, p. 358. by— (1) striking out the comma after “1978” in the second sentence and inserting “through January 1, 1980,” immediately thereafter; (2) inserting before the period at the end of the second sentence the following: “, and, on January 1, 1981, shall be adjusted to the nearest $5 to reflect such changes for the twelve months ending the preceding September 30; and, on January 1, 1982, shall be 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, as of every January 1 thereafter, 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”; (3) striking out “(commencing July 1, 1978)” in clause (2) of the fourth sentence and inserting in lieu thereof “on July 1, 1978, and July 1, 1979” in lieu thereof; and (4) inserting before the period at the end of the fourth sentence the following: “, 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”. Sec. 137. adjustment of poverty guidelines Section 5(c) of the Food Stamp Act of 1977 is amended by striking out everything after “forty-eight contiguous States” and inserting a period in lieu thereof. Sec. 138. reduction in assets limitations Section 5(g) of the Food Stamp Act of 1977 is amended by striking out “$1,750” and inserting in lieu thereof “$1,500”. Sec. 139. restriction on student participation Section 6(e) of the Food Stamp Act of 1977 is amended by striking out everything after “(1)” and inserting in lieu thereof the following: “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, 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 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 (C) 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).”. Sec. 140. Section 6(d) of the Food Stamp Act of 1977 is amended by striking out everything after “person” in the parenthesis in clause (D) of paragraph (2) and inserting in lieu thereof the following: “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)”.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 title I · 94 Stat. 357
Substituted · 7 U.S.C. § 2014(e)
Pub. L. 96–249, §§ 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
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–249, §§ 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.
Enacted provision · exact public law
TITLE I— REDUCTION IN FOOD STAMP ERROR AND FRAUD AND REVISION OF DEDUCTIONS Sec. 101. meals in shelters for battered women and children (a) Section 3 of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out in clause (1) of subsection (g) “and (7)” and inserting in lieu thereof “(7), and 93 Stat. 392. (8)”; (2) striking out in subsection (g) “and (7)” and inserting in lieu thereof “(7)”; (3) inserting immediately before the period at the end of subsection (g) the following: “, and (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”; (4) inserting in the last sentence of subsection (i) after “section 1616(e) of the Social Security Act,” the following: “temporary 42 USC 1382e. residents of public or private nonprofit shelters for battered women and children,”; and (5) striking out in clause (2) of subsection (k) “and (7)” and inserting in lieu thereof “(7), and (8)”. (b) Section 10 of the Food Stamp Act of 1977 is amended as follows: 93 Stat. 392. 7 USC 2019. (1) inserting after “purchased” a comma; (2) striking out the comma immediately after “residents”; and (3) inserting after “programs” the following: “, public and private nonprofit shelters that prepare and serve meals for battered women and children”. Sec. 102. excluding energy assistance payments from income Section 5(d) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out “and” before “(10)”; and (2) inserting before the period at the end thereof the following: “, and (11) any payments or allowances made under any Federal, State, or local laws for the purpose of providing energy assistance”. Sec. 103. consumer price index Section 5(e) of the Food Stamp Act of 1977 is amended by inserting “for all urban consumers” after “Consumer Price Index” each time those words appear. Sec. 104. dependent care deductions for working adults Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by— (1) in the fourth sentence, amending clause (1) to read as follows: “(1) a dependent care deduction for the actual cost of payments necessary for the care of a dependent regardless of the dependent’s age, the maximum allowable level of which shall be $90 per month, per household, when such care enables a household member to accept or continue employment, or training or education that is preparatory for employment, and”; (2) in the fourth sentence, striking out everything after “March 31” down to the period at the end of the sentence; and (3) in clause (B), striking out “that for the excess shelter expense deduction contained in clause (2) of the preceding sentence” and inserting in lieu thereof the following: “described in clause (1) of the preceding sentence”. Sec. 105. expanded medical deductions for the elderly Effective October 1, 1981, section 5(e)(A) of the Food Stamp Act of 1977 is amended by— (1) inserting “or their spouses” before “, exclusive of special diets, ”; and (2) striking out “$35” and inserting in lieu thereof “$25”. Sec. 106. medical deduction for the blind and disabled in certain areas Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by: (1) in the fourth and last sentences, inserting “and blindness” after each time “disability” appears; and (2) in the fourth and last sentences, striking out “title II” each time that it appears and inserting in lieu thereof: “titles I, II, X, XIV, and XVI”. Sec. 107. retrospective accounting Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) 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 the State agency for the purpose of determining household eligibility by being averaged over a twelve-month period. For those households that receive nonexcluded income of the type specified in subsection (d)(3) of this section, such income shall be calculated by being averaged over the period for which it is provided. State agencies shaft elect and use one of the following two methods in calculating income for all other households: “(1) taking into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income that has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period; or “(2) using income received in a previous month as the basis, in accordance with standards prescribed by the Secretary, except for the month of application and subsequent months specified by the Secretary for newly applying households (other than households reapplying within thirty days after the end of a prior certification period). In addition, the Secretary shall make modifications or exceptions to this method of income calculation with respect to households experiencing sudden and significant losses of income (including households experiencing losses of income of $50 per month or more) or the addition of a new member, households in immediate need in accordance with the provisions of section 11(e)(9) of this Act, migrant farmworker households, 7 USC 2020. and other classes of households if the Secretary determines that this method of income calculation would be impracticable to administer or would cause serious hardship for such households. In promulgating regulations governing the method of income calculation Regulations, consultation with Secretary of Health and Human Services. described in this subsection, the Secretary shall consult with the Secretary of Health and Human Services so that, wherever feasible, and consistent with the purposes of the applicable Acts, households receiving income under title IV–A of the Social Security Act shall have income calculated 42 USC 601. on a consolidated and comparable basis.”. Sec. 108. vehicle use by handicapped household members The second sentence of section 5(g) of the Food Stamp Act of 1977 is amended by— 7 USC 2014. (1) inserting after “other than one used to produce earned income” the following: “or that is necessary for transportation of a physically disabled household member”; and (2) striking out “or to transport disabled household members”. Sec. 109. state option on administrative fraud hearings Section 6(b) of the Food Stamp Act of 1977 is amended by 93 Stat. 391. 7 USC 2015. inserting after the first sentence thereof a new sentence as follows: “Each State agency shall proceed against such alleged fraudulent activity either by way of administrative fraud hearings in accordance with clause (1) of this subsection or by referring such matters to appropriate legal authorities for civil or criminal action in accordance with clause (2) of this subsection, or both.”. Sec. 110. periodic reporting Section 6(c) of the Food Stamp Act of 1977 is amended by 7 USC 2015. striking out everything after the first sentence and inserting in lieu thereof the following: “(1) State agencies that elect to use a system of retrospective accounting in accordance with section 5(f)(2) of this Act shall Ante, p. 358. require certain categories of households to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary. Other State agencies, which have received the approval of the Secretary, may also require such categories of households to file periodic reports. Each household that is not required to file such periodic reports on a monthly basis shall be required to report or cause to be reported to the State agency, on a form designed or approved by the Secretary, changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. “(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 forms approved by the Secretary, and (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 7 USC 2020. rights under section 11(e)(10) of this Act. “(3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels. 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 Act including the prescribed penalties. The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in Regulations, consultation with Secretary of Health and Human Services. 42 USC 601. circumstances for participating households. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV–A of the Social Security Act and that are required to file comparable reports under that Act shall be provided the opportunity to file reports at the same time for purposes of both Acts.”. Sec. 111. conforming amendments for retrospective accounting and periodic income reporting Section 3(c) of the Food Stamp Act of 1977 is amended to read as follows: “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. For those households that are required to submit periodic reports under section 6(c)(1) of this Act, the certification period shall be at least six months but no longer than twelve months. For households that are not required to submit periodic reports, the certification period shall be determined as follows: “(1) In the case of a household all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. “(2) In the case of all other households, the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary.”. Sec. 112. Section 5(d)(2) of the Food Stamp Act of 1977 is amended 7 USC 2014. by inserting after the second comma the following: “subject to modification by the Secretary in light of section 5(f)(2) of this Act,”. Ante, p. 358. 7 USC 2020. Sec. 113. Section 11(e)(4) of the Food Stamp Act of 1977 is amended by inserting immediately after “subsection” the following: “: 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 5(f)(2) and 6(c) of this Act if Ante, pp. 358, 359. administratively necessary”. Sec. 114. participation by strikers Section 6(d) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new paragraph (4) as follows: “(4) Notwithstanding any other provision of law, a household shall not participate in the food stamp 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 501(2) of the Labor Management Relations Act, 1947, because of a labor dispute (other than a lockout) as defined in 29 USC 142. 29 USC 152. section 2(9) of the National Labor Relations Act: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately prior to such strike: 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: Provided further, That such ineligibility shall not apply if the household meets the income qualifications, assets requirements, and work registration requirements, as mandated in subsection (i) of this section.”. Sec. 115. income and resources of ineligible alien Section 6(f) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new sentence as follows: “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 shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.”. Sec. 116. matching of income information and other verification Section 11(e)(3) of the Food Stamp Act of 1977 is amended 7 USC 2020. by— (1) inserting after “section 5(d) of this Act” the following: “(in part through the use of the information, if any, obtained under Post, p. 367. subsections (h) and (i) of section 16 of this Act)”; and (2) inserting after “sections 5 and 6 of this Act,” the following: “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program 7 USC 2025. conducted under section 16 of this Act and as approved by the Secretary,”. Sec. 117. photo identification Section 11(e) of the Food Stamp Act of 1977, as amended, is amended by striking out “and” at the end of paragraph (15), and adding at the end thereof a new paragraph (17) as follows: “(17) that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the last sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity, to present a photographic identification card when using its authorization card in order to receive its coupons;”. Sec. 118. reporting illegal aliens Section 11(e) of the Food Stamp Act of 1977, as amended by section 117 of this Act, is amended by adding at the end thereof a new paragraph (18) as follows: “(18) notwithstanding paragraph (8) of this subsection, for the immediate reporting to the Immigration and Naturalization Service by the State agency of a determination by personnel responsible for the certification or recertification of households that any member of a household is ineligible to receive food stamps because that member is present in the United States in 8 USC 1101 note. violation of the Immigration and Nationality Act;”. Sec. 119. computerization Section 11(e) of the Food Stamp Act of 1977, as amended 7 USC 2020. by section 118 of this Act, is amended by inserting “and” at the end of paragraph (18) and adding at the end thereof a new paragraph (19) as follows: “(19) at the option of the State agency, for the establishment and operation of an automatic data processing and information retrieval system that meets such conditions as the Secretary may prescribe and that is designed to provide efficient and effective administration of the food stamp program.”. Sec. 120. state compliance with law Section 11(g) of the Food Stamp Act of 1977 is amended by— (1) inserting after “determines” the following: “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,”; (2) inserting “without good cause” before “to comply”; (3) striking out “or” before “the State plan of operation”; (4) inserting after “section,” the following: “or the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) of this Act”; and 7 USC 2025. (5) inserting before the period at the end of the second sentence the following: “, and, whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 16(a) and 16(c) of this Act as the Secretary determines to be 93 Stat. 391. 7 USC 2025. Post, p. 364. 7 USC 2023. 7 USC 2025. appropriate, subject to administrative and judicial review under section 14 of this Act.”. Sec. 121. Section 16(b) of the Food Stamp Act of 1977 is amended by striking out the last sentence thereof. Sec. 122. social security office application Section 11(i)(2) of the Food Stamp Act of 1977 is amended 7 USC 2020. by striking out “simplified affidavit” and inserting in lieu thereof “simple application”. Sec. 123. special financial audit review of high participation states Section 11 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (1) as follows: “(1) Whenever the ratio of a State’s average food stamp participation in any quarter of a fiscal year to the State’s total population in that quarter (estimated on the basis of the latest available population estimates as provided by the Department of Commerce, Bureau of the Census, Series P–25, Current Population Reports (or its successor series)) exceeds 60 per centum, the Office of the Inspector General of the Department of Agriculture shall immediately schedule a financial audit review of a sample of project areas within that State, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days. Any financial audit review subsequent to the first such review, required under the preceding sentence, shall be conducted at the option of the Office of the Inspector General.”. Sec. 124. forfeiture of property involved in illegal food stamp transactions Section 15 of the Food Stamp Act of 1977 is amended by 7 USC 2024. adding at the end thereof a new subsection (g) as follows: “(g) The Secretary may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities, or other things of value that are furnished or intended to be furnished by any person in exchange for coupons or authorization cards in any manner not authorized by this Act or the regulations issued under this Act. Any forfeiture and disposal of property forfeited under this subsection shall be conducted in accordance with procedures contained in regulations issued by the Secretary.”. Sec. 125. state incentives for reducing error Section 16(c) of the Food Stamp Act of 1977 is amended by— (1) striking out “Effective October 1, 1978, the” and inserting in lieu thereof “The”; (2) inserting “(1) effective October 1, 1978,” after “such share to”; (3) inserting “(A)” after “State agency whose”; (4) inserting “semiannual” before “cumulative”; (5) striking out “section is less” and inserting in lieu thereof “section are less”; (6) inserting before the period at the end thereof the following: “and (B) whose rate of invalid decisions in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this section is less than a nationwide percentage that the Secretary determines to be reasonable; “(2) effective October 1, 1980, 65 per centum of all such administrative costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; “(3) effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rate as determined under paragraph (1)(A) of this subsection is greater than 5 per centum but less than 8 per centum or the national standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and “(4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per centum. No State agency shall receive more than one of the increased federally funded shares of administrative costs set forth in paragraphs (1) through (4) of this subsection”. Sec. 126. state liability for errors Section 16 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (g) as follows: “(g) (1) The Secretary shall institute an error liability program under which each State agency shall, other than for good cause as determined by the Secretary, pay to the Secretary or have withheld by the Secretary as described in paragraph (4) of this subsection, the amount by which the dollar value equivalent of the State agency’s payment error rate, as determined by the Secretary, for each six-month period, exceeds the dollar value equivalent of either— “(A) the State agency payment error rate for the base period less a national annual rate of error reduction, as determined by the Secretary, taking into account program circumstances and rates of error reduction in comparable Federal or federally assisted public assistance programs, or “(B) the national standard payment error rate for the base period, whichever is higher. “(2) As used in this subsection, (A) ‘base period’ means, for fiscal year 1981, the six months beginning October 1, 1979, and ending March 31, 1980 and, for each fiscal year thereafter, the six months beginning October 1 and ending March 30 of the prior fiscal year; (B) ‘payment error rate’ means the percentage of all food stamp allot-ments which are issued in a given period by a State agency to households that fail to meet the eligibility requirements of sections 5 and 6 of this Act, are overissued to eligible households, and are 7 USC 2014, 2015. underissued to eligible households; (C) ‘national standard payment error rate’ means the weighted mean payment error rate for all State agencies; and (D) ‘dollar value equivalent’ means the value of allotments determined by multiplying a given error rate by the dollar value of all the allotments issued by a State agency during the particular period in question. “(3) The Secretary shall conduct a study to determine whether it is Feasibility study. feasible to include in the calculation of each State agency’s payment error rate, and in the calculation of the national standard payment error rate, invalid decisions by each State agency denying eligibility to households that are in fact eligible. If the Secretary determines that such a change in the method of calculation is feasible, the Secretary shall implement changes in the method of calculating payment error rates for the purposes described in this section. “(4) If the Secretary makes a claim against a State for payment Administrative and judicial review. under paragraph (1) of this subsection, that State may seek administrative and judicial review of such claim under the procedures set forth in section 14 of this Act. If such claim is ultimately determined 7 USC 2023. to be valid or is not contested by the State, it shall be collected by the Secretary and may be collected through State payment, through withholding amounts otherwise payable to the State agency under subsection (a) of this section, or through other mechanisms authorized by the Federal Claims Collection Act of 1966.”. 31 USC 951 note. Sec. 127. disclosure provisions (a) (1) Subsection (i) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of returns and return information 26 USC 6103. for purposes other than tax administration) is amended by adding at the end thereof the following new paragraph: “(7) Disclosure of certain return information by social security administration to department of agriculture and to state food stamp agencies.— “(A) In general.— The Commissioner of Social Security may disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and 26 USC 1402, 3121, 3401. payments of retirement income which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of tins subsection— “(i) upon request, to officers and employees of the Department of Agriculture, and “(ii) upon written request, to officers and employees of a State food stamp agency. “(B) Restriction on disclosure.— The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, determining an individual’s eligibility for benefits, or the amounts of benefits, under the food stamp program established under the Food Stamp Act of 1977. 7 USC 2011 note. “(C) State food stamp agency.— For purposes of this paragraph, the term ‘State food stamp agency means any agency described in section 3(n)(1) of the Food Stamp Act of 7 USC 2012. 1977 which administers the food stamp program established under such Act.”. (2) (A) Subparagraph (A) of section 6103(p)(3) of such Code (relating to records of inspection and disclosure) is amended by striking out “(l)(1) or (4)(B) or (5)” and inserting in lieu thereof “(l)(1), (4)(B), (5), or (7)”. (B) Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended by striking out “(l)(3) or (6)” in so much of such paragraph as precedes subparagraph (A) thereof and inserting in lieu thereof “(l)(3), (6), or (7)”. (C) Clause (i) of section 6103(p)(4)(F) of such Code is amended by striking out “(1)(6)” and inserting in lieu thereof “(l)(6) or (7)”. (D) The first sentence of paragraph (2) of section 7213(a) of such 26 USC 7213. Code is amended— (i) by striking out “or any educational institution” and inserting in lieu thereof “any educational institution, or any State food stamp agency (as defined in section 6103(l)(7)(C))”, and (ii) by striking out “subsection (d), (1)(6), or (m)(4)(B)” and inserting in lieu thereof “subsection (d), (1)(6) or (7), or (m)(4)(B)”. (3) The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) (1) Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) (1) The State agency charged with the administration of the State law— “(A) shall disclose, upon request and on a reimbursable basis, to officers and employees of the Department of Agriculture and to officers or employees of any State food stamp agency any of the following information contained in the records of such State agency— “(i) wage information, “(ii) whether an individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received (or to be received) by such individual, “(iii) the current (or most recent) home address of such individual, and “(iv) whether an individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor, and “(B) shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977. “(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State. “(3) For purposes of this subsection, the term ‘State food stamp agency’ means any agency described in section 3(n)(1) of the Food Stamp Act of 1977 which administers the food stamp program 7 USC 2012. established under such Act.”. (2) Paragraph (2) of section 304(a) of the Social Security Act is 42 USC 504. amended by striking out “subsection (b) or (c)” and inserting in lieu thereof “subsection (b), (c), or (d)”. (3) The amendments made by this subsection shall take effect on Effective date. 42 USC 503 note. January 1, 1983. Sec. 128. payment of certain legal fees Section 16 of the Food Stamp Act of 1977, as amended by 7 USC 2025. section 126 of this Act, is amended by adding at the end thereof a new subsection (h) as follows: “(h) Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of officers and employees of the Department of Agriculture may be paid in judicial or administrative proceedings to which such officers and employees have been made parties and that arise directly out of their performance of duties under this Act; and”. Sec. 129. cost sharing for computerization Section 16 of the Food Stamp Act of 1977, as amended by section 128 of this Act, is amended by adding at the end thereof a new subsection (i) as follows: “(i) Effective October 1, 1980, the Secretary is authorized to pay to each State agency an amount equal to— “75 per centum of the costs incurred by the State agency in the planning, design, development, or installation of automatic data processing and information retrieval systems that the Secretary determines (1) will assist in meeting the requirements of this Act, (2) meet such conditions as the Secretary prescribes, (3) are likely to provide more efficient and effective administration of the food stamp program, and (4) will be compatible with other such systems used in the administration of State plans under the Aid to Families with Dependent Children Program under title IV of the Social Security Act: Provided, That there shall be no such payments to the extent 42 USC 601. that a State agency is reimbursed for such costs under any other Federal program or uses such systems for purposes not connected with the food stamp program: Provided further, That any costs matched under this subsection shall be excluded in determining the State agency’s administrative costs under any other subsection of this section.”. Sec. 130. continuation of cash-out pilot projects Section 17(b)(1) of the Food Stamp Act of 1977 is 7 USC 2026. amended by adding at the end thereof a new sentence as follows: “Any pilot or experimental project implemented under this paragraph involving the payment of the value of allotments in the form of cash to eligible households shall be continued until October 1, 1981, if the State so requests.”. Sec. 131. workfare job-search time period Section 17(b)(2) of the Food Stamp Act of 1977, as amended, is amended by adding after the phrase “thirty days” in the Post, p. 368. second sentence the following: “(ten days in at least one pilot project area designated by the Secretary)”. Sec. 132. workfare pilot project revisions (a) Section 17(b)(2) of the Food Stamp Act of 1977 is amended by striking out everything after “Act,” in the last sentence and inserting in lieu thereof the following: “shall issue interim reports no later than October 1, 1979, October 1, 1980, and March 30, 1981, shall issue a final report describing the results of such pilot projects based upon their operation from their commencement through the fiscal year ending September 30, 1981, and shall pay to the agencies or organizations operating such pilot projects 50 per centum of all administrative costs involved in such operation.”. (b) The provisions of section 17(b)(2) of the Food Stamp Act of 1977 for the sharing of administrative costs, as added by subsection (a) of this section, shall be effective on the date of enactment of this Act. Sec. 133. study of cpi Section 17 of the Food Stamp Act of 1977, is amended by adding at the end thereof a new subsection (e) as follows: “(e) The Director of the Congressional Budget Office, in consultation with the Secretary, the Secretary of Commerce, and the Secretary of Labor, shall review the Consumer Price Index and the various alternative consumer price or cost-of-living indices, such as the Personal Consumption Expenditure (PCE) Deflator, to examine the limitations of each statistical alternative and the factors causing the various indices to differ with each other and to reflect inconsistencies with their own prior year indices in measuring the cost-of-living or the rate of inflation. The study shall seek to determine whether the Consumer Price Index is the most accurate indexation base for the food stamp program, or whether an alternative or combination of alternatives may be the more accurate indexation base to reflect Results, report to congressional committees. consumer prices or changes in the costs of living. The Director of the Congressional Budget Office shall report the results of the study to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Director deems appropriate, by February 1, 1981.”. Sec. 134. use of federal funds to interfere with program implementation Section 18(a) of the Food Stamp Act of 1977 is amended by— (1) inserting “(1)” immediately after the subsection designation; and (2) adding at the end thereof a new paragraph (2) as follows: “(2) No funds authorized to be appropriated under this Act or any other Act of Congress shall be used by any person , firm, corporation, group, or organization at any time, directly or indirectly, to interfere with or impede the implementation of any provision of this Act or any rule, regulation, or project thereunder, except that this limitation shall not apply to the provision of legal and related assistance in connection with any proceeding or action before any State or Federal agency or court. The President shall ensure that this paragraph is complied with by such order or other means as the President deems appropriate.”. Sec. 135. annual adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out “and” before “(4)”; (2) inserting “through January 1, 1980,” after “(4)”; and (3) inserting before the period at the end thereof the following: “, (5) on January 1, 1981, 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 September 30, and (6) on January 1, 1982, 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 September 30 and the subsequent three months ending December 31 as projected by the Secretary in light of the best available data; and, as of every January 1 thereafter, for the nine 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”. Sec. 136. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 93 Stat. 390. 7 USC 2014. Ante, p. 358. by— (1) striking out the comma after “1978” in the second sentence and inserting “through January 1, 1980,” immediately thereafter; (2) inserting before the period at the end of the second sentence the following: “, and, on January 1, 1981, shall be adjusted to the nearest $5 to reflect such changes for the twelve months ending the preceding September 30; and, on January 1, 1982, shall be 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, as of every January 1 thereafter, 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”; (3) striking out “(commencing July 1, 1978)” in clause (2) of the fourth sentence and inserting in lieu thereof “on July 1, 1978, and July 1, 1979” in lieu thereof; and (4) inserting before the period at the end of the fourth sentence the following: “, 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”. Sec. 137. adjustment of poverty guidelines Section 5(c) of the Food Stamp Act of 1977 is amended by striking out everything after “forty-eight contiguous States” and inserting a period in lieu thereof. Sec. 138. reduction in assets limitations Section 5(g) of the Food Stamp Act of 1977 is amended by striking out “$1,750” and inserting in lieu thereof “$1,500”. Sec. 139. restriction on student participation Section 6(e) of the Food Stamp Act of 1977 is amended by striking out everything after “(1)” and inserting in lieu thereof the following: “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, 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 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 (C) 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).”. Sec. 140. Section 6(d) of the Food Stamp Act of 1977 is amended by striking out everything after “person” in the parenthesis in clause (D) of paragraph (2) and inserting in lieu thereof the following: “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)”.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 title I · 94 Stat. 357
Repealed · 7 U.S.C. § 2014(e)
Pub. L. 96–249, §§ 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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–249, §§ 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.
Enacted provision · exact public law
TITLE I— REDUCTION IN FOOD STAMP ERROR AND FRAUD AND REVISION OF DEDUCTIONS Sec. 101. meals in shelters for battered women and children (a) Section 3 of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out in clause (1) of subsection (g) “and (7)” and inserting in lieu thereof “(7), and 93 Stat. 392. (8)”; (2) striking out in subsection (g) “and (7)” and inserting in lieu thereof “(7)”; (3) inserting immediately before the period at the end of subsection (g) the following: “, and (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”; (4) inserting in the last sentence of subsection (i) after “section 1616(e) of the Social Security Act,” the following: “temporary 42 USC 1382e. residents of public or private nonprofit shelters for battered women and children,”; and (5) striking out in clause (2) of subsection (k) “and (7)” and inserting in lieu thereof “(7), and (8)”. (b) Section 10 of the Food Stamp Act of 1977 is amended as follows: 93 Stat. 392. 7 USC 2019. (1) inserting after “purchased” a comma; (2) striking out the comma immediately after “residents”; and (3) inserting after “programs” the following: “, public and private nonprofit shelters that prepare and serve meals for battered women and children”. Sec. 102. excluding energy assistance payments from income Section 5(d) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out “and” before “(10)”; and (2) inserting before the period at the end thereof the following: “, and (11) any payments or allowances made under any Federal, State, or local laws for the purpose of providing energy assistance”. Sec. 103. consumer price index Section 5(e) of the Food Stamp Act of 1977 is amended by inserting “for all urban consumers” after “Consumer Price Index” each time those words appear. Sec. 104. dependent care deductions for working adults Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by— (1) in the fourth sentence, amending clause (1) to read as follows: “(1) a dependent care deduction for the actual cost of payments necessary for the care of a dependent regardless of the dependent’s age, the maximum allowable level of which shall be $90 per month, per household, when such care enables a household member to accept or continue employment, or training or education that is preparatory for employment, and”; (2) in the fourth sentence, striking out everything after “March 31” down to the period at the end of the sentence; and (3) in clause (B), striking out “that for the excess shelter expense deduction contained in clause (2) of the preceding sentence” and inserting in lieu thereof the following: “described in clause (1) of the preceding sentence”. Sec. 105. expanded medical deductions for the elderly Effective October 1, 1981, section 5(e)(A) of the Food Stamp Act of 1977 is amended by— (1) inserting “or their spouses” before “, exclusive of special diets, ”; and (2) striking out “$35” and inserting in lieu thereof “$25”. Sec. 106. medical deduction for the blind and disabled in certain areas Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by: (1) in the fourth and last sentences, inserting “and blindness” after each time “disability” appears; and (2) in the fourth and last sentences, striking out “title II” each time that it appears and inserting in lieu thereof: “titles I, II, X, XIV, and XVI”. Sec. 107. retrospective accounting Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) 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 the State agency for the purpose of determining household eligibility by being averaged over a twelve-month period. For those households that receive nonexcluded income of the type specified in subsection (d)(3) of this section, such income shall be calculated by being averaged over the period for which it is provided. State agencies shaft elect and use one of the following two methods in calculating income for all other households: “(1) taking into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income that has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period; or “(2) using income received in a previous month as the basis, in accordance with standards prescribed by the Secretary, except for the month of application and subsequent months specified by the Secretary for newly applying households (other than households reapplying within thirty days after the end of a prior certification period). In addition, the Secretary shall make modifications or exceptions to this method of income calculation with respect to households experiencing sudden and significant losses of income (including households experiencing losses of income of $50 per month or more) or the addition of a new member, households in immediate need in accordance with the provisions of section 11(e)(9) of this Act, migrant farmworker households, 7 USC 2020. and other classes of households if the Secretary determines that this method of income calculation would be impracticable to administer or would cause serious hardship for such households. In promulgating regulations governing the method of income calculation Regulations, consultation with Secretary of Health and Human Services. described in this subsection, the Secretary shall consult with the Secretary of Health and Human Services so that, wherever feasible, and consistent with the purposes of the applicable Acts, households receiving income under title IV–A of the Social Security Act shall have income calculated 42 USC 601. on a consolidated and comparable basis.”. Sec. 108. vehicle use by handicapped household members The second sentence of section 5(g) of the Food Stamp Act of 1977 is amended by— 7 USC 2014. (1) inserting after “other than one used to produce earned income” the following: “or that is necessary for transportation of a physically disabled household member”; and (2) striking out “or to transport disabled household members”. Sec. 109. state option on administrative fraud hearings Section 6(b) of the Food Stamp Act of 1977 is amended by 93 Stat. 391. 7 USC 2015. inserting after the first sentence thereof a new sentence as follows: “Each State agency shall proceed against such alleged fraudulent activity either by way of administrative fraud hearings in accordance with clause (1) of this subsection or by referring such matters to appropriate legal authorities for civil or criminal action in accordance with clause (2) of this subsection, or both.”. Sec. 110. periodic reporting Section 6(c) of the Food Stamp Act of 1977 is amended by 7 USC 2015. striking out everything after the first sentence and inserting in lieu thereof the following: “(1) State agencies that elect to use a system of retrospective accounting in accordance with section 5(f)(2) of this Act shall Ante, p. 358. require certain categories of households to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary. Other State agencies, which have received the approval of the Secretary, may also require such categories of households to file periodic reports. Each household that is not required to file such periodic reports on a monthly basis shall be required to report or cause to be reported to the State agency, on a form designed or approved by the Secretary, changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. “(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 forms approved by the Secretary, and (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 7 USC 2020. rights under section 11(e)(10) of this Act. “(3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels. 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 Act including the prescribed penalties. The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in Regulations, consultation with Secretary of Health and Human Services. 42 USC 601. circumstances for participating households. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV–A of the Social Security Act and that are required to file comparable reports under that Act shall be provided the opportunity to file reports at the same time for purposes of both Acts.”. Sec. 111. conforming amendments for retrospective accounting and periodic income reporting Section 3(c) of the Food Stamp Act of 1977 is amended to read as follows: “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. For those households that are required to submit periodic reports under section 6(c)(1) of this Act, the certification period shall be at least six months but no longer than twelve months. For households that are not required to submit periodic reports, the certification period shall be determined as follows: “(1) In the case of a household all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. “(2) In the case of all other households, the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary.”. Sec. 112. Section 5(d)(2) of the Food Stamp Act of 1977 is amended 7 USC 2014. by inserting after the second comma the following: “subject to modification by the Secretary in light of section 5(f)(2) of this Act,”. Ante, p. 358. 7 USC 2020. Sec. 113. Section 11(e)(4) of the Food Stamp Act of 1977 is amended by inserting immediately after “subsection” the following: “: 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 5(f)(2) and 6(c) of this Act if Ante, pp. 358, 359. administratively necessary”. Sec. 114. participation by strikers Section 6(d) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new paragraph (4) as follows: “(4) Notwithstanding any other provision of law, a household shall not participate in the food stamp 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 501(2) of the Labor Management Relations Act, 1947, because of a labor dispute (other than a lockout) as defined in 29 USC 142. 29 USC 152. section 2(9) of the National Labor Relations Act: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately prior to such strike: 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: Provided further, That such ineligibility shall not apply if the household meets the income qualifications, assets requirements, and work registration requirements, as mandated in subsection (i) of this section.”. Sec. 115. income and resources of ineligible alien Section 6(f) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new sentence as follows: “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 shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.”. Sec. 116. matching of income information and other verification Section 11(e)(3) of the Food Stamp Act of 1977 is amended 7 USC 2020. by— (1) inserting after “section 5(d) of this Act” the following: “(in part through the use of the information, if any, obtained under Post, p. 367. subsections (h) and (i) of section 16 of this Act)”; and (2) inserting after “sections 5 and 6 of this Act,” the following: “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program 7 USC 2025. conducted under section 16 of this Act and as approved by the Secretary,”. Sec. 117. photo identification Section 11(e) of the Food Stamp Act of 1977, as amended, is amended by striking out “and” at the end of paragraph (15), and adding at the end thereof a new paragraph (17) as follows: “(17) that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the last sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity, to present a photographic identification card when using its authorization card in order to receive its coupons;”. Sec. 118. reporting illegal aliens Section 11(e) of the Food Stamp Act of 1977, as amended by section 117 of this Act, is amended by adding at the end thereof a new paragraph (18) as follows: “(18) notwithstanding paragraph (8) of this subsection, for the immediate reporting to the Immigration and Naturalization Service by the State agency of a determination by personnel responsible for the certification or recertification of households that any member of a household is ineligible to receive food stamps because that member is present in the United States in 8 USC 1101 note. violation of the Immigration and Nationality Act;”. Sec. 119. computerization Section 11(e) of the Food Stamp Act of 1977, as amended 7 USC 2020. by section 118 of this Act, is amended by inserting “and” at the end of paragraph (18) and adding at the end thereof a new paragraph (19) as follows: “(19) at the option of the State agency, for the establishment and operation of an automatic data processing and information retrieval system that meets such conditions as the Secretary may prescribe and that is designed to provide efficient and effective administration of the food stamp program.”. Sec. 120. state compliance with law Section 11(g) of the Food Stamp Act of 1977 is amended by— (1) inserting after “determines” the following: “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,”; (2) inserting “without good cause” before “to comply”; (3) striking out “or” before “the State plan of operation”; (4) inserting after “section,” the following: “or the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) of this Act”; and 7 USC 2025. (5) inserting before the period at the end of the second sentence the following: “, and, whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 16(a) and 16(c) of this Act as the Secretary determines to be 93 Stat. 391. 7 USC 2025. Post, p. 364. 7 USC 2023. 7 USC 2025. appropriate, subject to administrative and judicial review under section 14 of this Act.”. Sec. 121. Section 16(b) of the Food Stamp Act of 1977 is amended by striking out the last sentence thereof. Sec. 122. social security office application Section 11(i)(2) of the Food Stamp Act of 1977 is amended 7 USC 2020. by striking out “simplified affidavit” and inserting in lieu thereof “simple application”. Sec. 123. special financial audit review of high participation states Section 11 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (1) as follows: “(1) Whenever the ratio of a State’s average food stamp participation in any quarter of a fiscal year to the State’s total population in that quarter (estimated on the basis of the latest available population estimates as provided by the Department of Commerce, Bureau of the Census, Series P–25, Current Population Reports (or its successor series)) exceeds 60 per centum, the Office of the Inspector General of the Department of Agriculture shall immediately schedule a financial audit review of a sample of project areas within that State, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days. Any financial audit review subsequent to the first such review, required under the preceding sentence, shall be conducted at the option of the Office of the Inspector General.”. Sec. 124. forfeiture of property involved in illegal food stamp transactions Section 15 of the Food Stamp Act of 1977 is amended by 7 USC 2024. adding at the end thereof a new subsection (g) as follows: “(g) The Secretary may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities, or other things of value that are furnished or intended to be furnished by any person in exchange for coupons or authorization cards in any manner not authorized by this Act or the regulations issued under this Act. Any forfeiture and disposal of property forfeited under this subsection shall be conducted in accordance with procedures contained in regulations issued by the Secretary.”. Sec. 125. state incentives for reducing error Section 16(c) of the Food Stamp Act of 1977 is amended by— (1) striking out “Effective October 1, 1978, the” and inserting in lieu thereof “The”; (2) inserting “(1) effective October 1, 1978,” after “such share to”; (3) inserting “(A)” after “State agency whose”; (4) inserting “semiannual” before “cumulative”; (5) striking out “section is less” and inserting in lieu thereof “section are less”; (6) inserting before the period at the end thereof the following: “and (B) whose rate of invalid decisions in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this section is less than a nationwide percentage that the Secretary determines to be reasonable; “(2) effective October 1, 1980, 65 per centum of all such administrative costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; “(3) effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rate as determined under paragraph (1)(A) of this subsection is greater than 5 per centum but less than 8 per centum or the national standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and “(4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per centum. No State agency shall receive more than one of the increased federally funded shares of administrative costs set forth in paragraphs (1) through (4) of this subsection”. Sec. 126. state liability for errors Section 16 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (g) as follows: “(g) (1) The Secretary shall institute an error liability program under which each State agency shall, other than for good cause as determined by the Secretary, pay to the Secretary or have withheld by the Secretary as described in paragraph (4) of this subsection, the amount by which the dollar value equivalent of the State agency’s payment error rate, as determined by the Secretary, for each six-month period, exceeds the dollar value equivalent of either— “(A) the State agency payment error rate for the base period less a national annual rate of error reduction, as determined by the Secretary, taking into account program circumstances and rates of error reduction in comparable Federal or federally assisted public assistance programs, or “(B) the national standard payment error rate for the base period, whichever is higher. “(2) As used in this subsection, (A) ‘base period’ means, for fiscal year 1981, the six months beginning October 1, 1979, and ending March 31, 1980 and, for each fiscal year thereafter, the six months beginning October 1 and ending March 30 of the prior fiscal year; (B) ‘payment error rate’ means the percentage of all food stamp allot-ments which are issued in a given period by a State agency to households that fail to meet the eligibility requirements of sections 5 and 6 of this Act, are overissued to eligible households, and are 7 USC 2014, 2015. underissued to eligible households; (C) ‘national standard payment error rate’ means the weighted mean payment error rate for all State agencies; and (D) ‘dollar value equivalent’ means the value of allotments determined by multiplying a given error rate by the dollar value of all the allotments issued by a State agency during the particular period in question. “(3) The Secretary shall conduct a study to determine whether it is Feasibility study. feasible to include in the calculation of each State agency’s payment error rate, and in the calculation of the national standard payment error rate, invalid decisions by each State agency denying eligibility to households that are in fact eligible. If the Secretary determines that such a change in the method of calculation is feasible, the Secretary shall implement changes in the method of calculating payment error rates for the purposes described in this section. “(4) If the Secretary makes a claim against a State for payment Administrative and judicial review. under paragraph (1) of this subsection, that State may seek administrative and judicial review of such claim under the procedures set forth in section 14 of this Act. If such claim is ultimately determined 7 USC 2023. to be valid or is not contested by the State, it shall be collected by the Secretary and may be collected through State payment, through withholding amounts otherwise payable to the State agency under subsection (a) of this section, or through other mechanisms authorized by the Federal Claims Collection Act of 1966.”. 31 USC 951 note. Sec. 127. disclosure provisions (a) (1) Subsection (i) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of returns and return information 26 USC 6103. for purposes other than tax administration) is amended by adding at the end thereof the following new paragraph: “(7) Disclosure of certain return information by social security administration to department of agriculture and to state food stamp agencies.— “(A) In general.— The Commissioner of Social Security may disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and 26 USC 1402, 3121, 3401. payments of retirement income which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of tins subsection— “(i) upon request, to officers and employees of the Department of Agriculture, and “(ii) upon written request, to officers and employees of a State food stamp agency. “(B) Restriction on disclosure.— The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, determining an individual’s eligibility for benefits, or the amounts of benefits, under the food stamp program established under the Food Stamp Act of 1977. 7 USC 2011 note. “(C) State food stamp agency.— For purposes of this paragraph, the term ‘State food stamp agency means any agency described in section 3(n)(1) of the Food Stamp Act of 7 USC 2012. 1977 which administers the food stamp program established under such Act.”. (2) (A) Subparagraph (A) of section 6103(p)(3) of such Code (relating to records of inspection and disclosure) is amended by striking out “(l)(1) or (4)(B) or (5)” and inserting in lieu thereof “(l)(1), (4)(B), (5), or (7)”. (B) Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended by striking out “(l)(3) or (6)” in so much of such paragraph as precedes subparagraph (A) thereof and inserting in lieu thereof “(l)(3), (6), or (7)”. (C) Clause (i) of section 6103(p)(4)(F) of such Code is amended by striking out “(1)(6)” and inserting in lieu thereof “(l)(6) or (7)”. (D) The first sentence of paragraph (2) of section 7213(a) of such 26 USC 7213. Code is amended— (i) by striking out “or any educational institution” and inserting in lieu thereof “any educational institution, or any State food stamp agency (as defined in section 6103(l)(7)(C))”, and (ii) by striking out “subsection (d), (1)(6), or (m)(4)(B)” and inserting in lieu thereof “subsection (d), (1)(6) or (7), or (m)(4)(B)”. (3) The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) (1) Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) (1) The State agency charged with the administration of the State law— “(A) shall disclose, upon request and on a reimbursable basis, to officers and employees of the Department of Agriculture and to officers or employees of any State food stamp agency any of the following information contained in the records of such State agency— “(i) wage information, “(ii) whether an individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received (or to be received) by such individual, “(iii) the current (or most recent) home address of such individual, and “(iv) whether an individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor, and “(B) shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977. “(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State. “(3) For purposes of this subsection, the term ‘State food stamp agency’ means any agency described in section 3(n)(1) of the Food Stamp Act of 1977 which administers the food stamp program 7 USC 2012. established under such Act.”. (2) Paragraph (2) of section 304(a) of the Social Security Act is 42 USC 504. amended by striking out “subsection (b) or (c)” and inserting in lieu thereof “subsection (b), (c), or (d)”. (3) The amendments made by this subsection shall take effect on Effective date. 42 USC 503 note. January 1, 1983. Sec. 128. payment of certain legal fees Section 16 of the Food Stamp Act of 1977, as amended by 7 USC 2025. section 126 of this Act, is amended by adding at the end thereof a new subsection (h) as follows: “(h) Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of officers and employees of the Department of Agriculture may be paid in judicial or administrative proceedings to which such officers and employees have been made parties and that arise directly out of their performance of duties under this Act; and”. Sec. 129. cost sharing for computerization Section 16 of the Food Stamp Act of 1977, as amended by section 128 of this Act, is amended by adding at the end thereof a new subsection (i) as follows: “(i) Effective October 1, 1980, the Secretary is authorized to pay to each State agency an amount equal to— “75 per centum of the costs incurred by the State agency in the planning, design, development, or installation of automatic data processing and information retrieval systems that the Secretary determines (1) will assist in meeting the requirements of this Act, (2) meet such conditions as the Secretary prescribes, (3) are likely to provide more efficient and effective administration of the food stamp program, and (4) will be compatible with other such systems used in the administration of State plans under the Aid to Families with Dependent Children Program under title IV of the Social Security Act: Provided, That there shall be no such payments to the extent 42 USC 601. that a State agency is reimbursed for such costs under any other Federal program or uses such systems for purposes not connected with the food stamp program: Provided further, That any costs matched under this subsection shall be excluded in determining the State agency’s administrative costs under any other subsection of this section.”. Sec. 130. continuation of cash-out pilot projects Section 17(b)(1) of the Food Stamp Act of 1977 is 7 USC 2026. amended by adding at the end thereof a new sentence as follows: “Any pilot or experimental project implemented under this paragraph involving the payment of the value of allotments in the form of cash to eligible households shall be continued until October 1, 1981, if the State so requests.”. Sec. 131. workfare job-search time period Section 17(b)(2) of the Food Stamp Act of 1977, as amended, is amended by adding after the phrase “thirty days” in the Post, p. 368. second sentence the following: “(ten days in at least one pilot project area designated by the Secretary)”. Sec. 132. workfare pilot project revisions (a) Section 17(b)(2) of the Food Stamp Act of 1977 is amended by striking out everything after “Act,” in the last sentence and inserting in lieu thereof the following: “shall issue interim reports no later than October 1, 1979, October 1, 1980, and March 30, 1981, shall issue a final report describing the results of such pilot projects based upon their operation from their commencement through the fiscal year ending September 30, 1981, and shall pay to the agencies or organizations operating such pilot projects 50 per centum of all administrative costs involved in such operation.”. (b) The provisions of section 17(b)(2) of the Food Stamp Act of 1977 for the sharing of administrative costs, as added by subsection (a) of this section, shall be effective on the date of enactment of this Act. Sec. 133. study of cpi Section 17 of the Food Stamp Act of 1977, is amended by adding at the end thereof a new subsection (e) as follows: “(e) The Director of the Congressional Budget Office, in consultation with the Secretary, the Secretary of Commerce, and the Secretary of Labor, shall review the Consumer Price Index and the various alternative consumer price or cost-of-living indices, such as the Personal Consumption Expenditure (PCE) Deflator, to examine the limitations of each statistical alternative and the factors causing the various indices to differ with each other and to reflect inconsistencies with their own prior year indices in measuring the cost-of-living or the rate of inflation. The study shall seek to determine whether the Consumer Price Index is the most accurate indexation base for the food stamp program, or whether an alternative or combination of alternatives may be the more accurate indexation base to reflect Results, report to congressional committees. consumer prices or changes in the costs of living. The Director of the Congressional Budget Office shall report the results of the study to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Director deems appropriate, by February 1, 1981.”. Sec. 134. use of federal funds to interfere with program implementation Section 18(a) of the Food Stamp Act of 1977 is amended by— (1) inserting “(1)” immediately after the subsection designation; and (2) adding at the end thereof a new paragraph (2) as follows: “(2) No funds authorized to be appropriated under this Act or any other Act of Congress shall be used by any person , firm, corporation, group, or organization at any time, directly or indirectly, to interfere with or impede the implementation of any provision of this Act or any rule, regulation, or project thereunder, except that this limitation shall not apply to the provision of legal and related assistance in connection with any proceeding or action before any State or Federal agency or court. The President shall ensure that this paragraph is complied with by such order or other means as the President deems appropriate.”. Sec. 135. annual adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out “and” before “(4)”; (2) inserting “through January 1, 1980,” after “(4)”; and (3) inserting before the period at the end thereof the following: “, (5) on January 1, 1981, 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 September 30, and (6) on January 1, 1982, 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 September 30 and the subsequent three months ending December 31 as projected by the Secretary in light of the best available data; and, as of every January 1 thereafter, for the nine 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”. Sec. 136. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 93 Stat. 390. 7 USC 2014. Ante, p. 358. by— (1) striking out the comma after “1978” in the second sentence and inserting “through January 1, 1980,” immediately thereafter; (2) inserting before the period at the end of the second sentence the following: “, and, on January 1, 1981, shall be adjusted to the nearest $5 to reflect such changes for the twelve months ending the preceding September 30; and, on January 1, 1982, shall be 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, as of every January 1 thereafter, 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”; (3) striking out “(commencing July 1, 1978)” in clause (2) of the fourth sentence and inserting in lieu thereof “on July 1, 1978, and July 1, 1979” in lieu thereof; and (4) inserting before the period at the end of the fourth sentence the following: “, 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”. Sec. 137. adjustment of poverty guidelines Section 5(c) of the Food Stamp Act of 1977 is amended by striking out everything after “forty-eight contiguous States” and inserting a period in lieu thereof. Sec. 138. reduction in assets limitations Section 5(g) of the Food Stamp Act of 1977 is amended by striking out “$1,750” and inserting in lieu thereof “$1,500”. Sec. 139. restriction on student participation Section 6(e) of the Food Stamp Act of 1977 is amended by striking out everything after “(1)” and inserting in lieu thereof the following: “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, 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 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 (C) 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).”. Sec. 140. Section 6(d) of the Food Stamp Act of 1977 is amended by striking out everything after “person” in the parenthesis in clause (D) of paragraph (2) and inserting in lieu thereof the following: “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)”.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 § 107 · 94 Stat. 357
Inserted · 7 U.S.C. § 2014(f)
Pub. L. 96–249, § 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
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–249, § 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.
Enacted provision · exact public law section
Sec. 107. retrospective accounting Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) 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 the State agency for the purpose of determining household eligibility by being averaged over a twelve-month period. For those households that receive nonexcluded income of the type specified in subsection (d)(3) of this section, such income shall be calculated by being averaged over the period for which it is provided. State agencies shaft elect and use one of the following two methods in calculating income for all other households: “(1) taking into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income that has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period; or “(2) using income received in a previous month as the basis, in accordance with standards prescribed by the Secretary, except for the month of application and subsequent months specified by the Secretary for newly applying households (other than households reapplying within thirty days after the end of a prior certification period). In addition, the Secretary shall make modifications or exceptions to this method of income calculation with respect to households experiencing sudden and significant losses of income (including households experiencing losses of income of $50 per month or more) or the addition of a new member, households in immediate need in accordance with the provisions of section 11(e)(9) of this Act, migrant farmworker households, 7 USC 2020. and other classes of households if the Secretary determines that this method of income calculation would be impracticable to administer or would cause serious hardship for such households. In promulgating regulations governing the method of income calculation Regulations, consultation with Secretary of Health and Human Services. described in this subsection, the Secretary shall consult with the Secretary of Health and Human Services so that, wherever feasible, and consistent with the purposes of the applicable Acts, households receiving income under title IV–A of the Social Security Act shall have income calculated 42 USC 601. on a consolidated and comparable basis.”.
1980
Food Stamp Act Amendments of 1980
Pub. L. 96–249 title I · 94 Stat. 357
1. Substituted · 7 U.S.C. § 2014(g)
  Pub. L. 96–249, §§ 108, 138, substituted “$1,500” for “$1,750”
2. Inserted · 7 U.S.C. § 2014(g)
  Pub. L. 96–249, §§ 108, 138, inserted “or that is necessary for transportation of a physically disabled household member” after “used to produce earned income”
3. Struck · 7 U.S.C. § 2014(g)
  Pub. L. 96–249, §§ 108, 138, struck out “or to transport disabled household members” after “or continue employment”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 96–249, §§ 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”.
Enacted provision · exact public law
TITLE I— REDUCTION IN FOOD STAMP ERROR AND FRAUD AND REVISION OF DEDUCTIONS Sec. 101. meals in shelters for battered women and children (a) Section 3 of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out in clause (1) of subsection (g) “and (7)” and inserting in lieu thereof “(7), and 93 Stat. 392. (8)”; (2) striking out in subsection (g) “and (7)” and inserting in lieu thereof “(7)”; (3) inserting immediately before the period at the end of subsection (g) the following: “, and (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”; (4) inserting in the last sentence of subsection (i) after “section 1616(e) of the Social Security Act,” the following: “temporary 42 USC 1382e. residents of public or private nonprofit shelters for battered women and children,”; and (5) striking out in clause (2) of subsection (k) “and (7)” and inserting in lieu thereof “(7), and (8)”. (b) Section 10 of the Food Stamp Act of 1977 is amended as follows: 93 Stat. 392. 7 USC 2019. (1) inserting after “purchased” a comma; (2) striking out the comma immediately after “residents”; and (3) inserting after “programs” the following: “, public and private nonprofit shelters that prepare and serve meals for battered women and children”. Sec. 102. excluding energy assistance payments from income Section 5(d) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out “and” before “(10)”; and (2) inserting before the period at the end thereof the following: “, and (11) any payments or allowances made under any Federal, State, or local laws for the purpose of providing energy assistance”. Sec. 103. consumer price index Section 5(e) of the Food Stamp Act of 1977 is amended by inserting “for all urban consumers” after “Consumer Price Index” each time those words appear. Sec. 104. dependent care deductions for working adults Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by— (1) in the fourth sentence, amending clause (1) to read as follows: “(1) a dependent care deduction for the actual cost of payments necessary for the care of a dependent regardless of the dependent’s age, the maximum allowable level of which shall be $90 per month, per household, when such care enables a household member to accept or continue employment, or training or education that is preparatory for employment, and”; (2) in the fourth sentence, striking out everything after “March 31” down to the period at the end of the sentence; and (3) in clause (B), striking out “that for the excess shelter expense deduction contained in clause (2) of the preceding sentence” and inserting in lieu thereof the following: “described in clause (1) of the preceding sentence”. Sec. 105. expanded medical deductions for the elderly Effective October 1, 1981, section 5(e)(A) of the Food Stamp Act of 1977 is amended by— (1) inserting “or their spouses” before “, exclusive of special diets, ”; and (2) striking out “$35” and inserting in lieu thereof “$25”. Sec. 106. medical deduction for the blind and disabled in certain areas Effective October 1, 1981, section 5(e) of the Food Stamp Act of 1977 is amended by: (1) in the fourth and last sentences, inserting “and blindness” after each time “disability” appears; and (2) in the fourth and last sentences, striking out “title II” each time that it appears and inserting in lieu thereof: “titles I, II, X, XIV, and XVI”. Sec. 107. retrospective accounting Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) 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 the State agency for the purpose of determining household eligibility by being averaged over a twelve-month period. For those households that receive nonexcluded income of the type specified in subsection (d)(3) of this section, such income shall be calculated by being averaged over the period for which it is provided. State agencies shaft elect and use one of the following two methods in calculating income for all other households: “(1) taking into account the income reasonably anticipated to be received by the household in the certification period for which eligibility is being determined and the income that has been received by the household during the thirty days preceding the filing of its application for food stamps so that the State agency may reasonably ascertain the income that is and will be actually available to the household for the certification period; or “(2) using income received in a previous month as the basis, in accordance with standards prescribed by the Secretary, except for the month of application and subsequent months specified by the Secretary for newly applying households (other than households reapplying within thirty days after the end of a prior certification period). In addition, the Secretary shall make modifications or exceptions to this method of income calculation with respect to households experiencing sudden and significant losses of income (including households experiencing losses of income of $50 per month or more) or the addition of a new member, households in immediate need in accordance with the provisions of section 11(e)(9) of this Act, migrant farmworker households, 7 USC 2020. and other classes of households if the Secretary determines that this method of income calculation would be impracticable to administer or would cause serious hardship for such households. In promulgating regulations governing the method of income calculation Regulations, consultation with Secretary of Health and Human Services. described in this subsection, the Secretary shall consult with the Secretary of Health and Human Services so that, wherever feasible, and consistent with the purposes of the applicable Acts, households receiving income under title IV–A of the Social Security Act shall have income calculated 42 USC 601. on a consolidated and comparable basis.”. Sec. 108. vehicle use by handicapped household members The second sentence of section 5(g) of the Food Stamp Act of 1977 is amended by— 7 USC 2014. (1) inserting after “other than one used to produce earned income” the following: “or that is necessary for transportation of a physically disabled household member”; and (2) striking out “or to transport disabled household members”. Sec. 109. state option on administrative fraud hearings Section 6(b) of the Food Stamp Act of 1977 is amended by 93 Stat. 391. 7 USC 2015. inserting after the first sentence thereof a new sentence as follows: “Each State agency shall proceed against such alleged fraudulent activity either by way of administrative fraud hearings in accordance with clause (1) of this subsection or by referring such matters to appropriate legal authorities for civil or criminal action in accordance with clause (2) of this subsection, or both.”. Sec. 110. periodic reporting Section 6(c) of the Food Stamp Act of 1977 is amended by 7 USC 2015. striking out everything after the first sentence and inserting in lieu thereof the following: “(1) State agencies that elect to use a system of retrospective accounting in accordance with section 5(f)(2) of this Act shall Ante, p. 358. require certain categories of households to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary. Other State agencies, which have received the approval of the Secretary, may also require such categories of households to file periodic reports. Each household that is not required to file such periodic reports on a monthly basis shall be required to report or cause to be reported to the State agency, on a form designed or approved by the Secretary, changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. “(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 forms approved by the Secretary, and (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 7 USC 2020. rights under section 11(e)(10) of this Act. “(3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels. 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 Act including the prescribed penalties. The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in Regulations, consultation with Secretary of Health and Human Services. 42 USC 601. circumstances for participating households. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV–A of the Social Security Act and that are required to file comparable reports under that Act shall be provided the opportunity to file reports at the same time for purposes of both Acts.”. Sec. 111. conforming amendments for retrospective accounting and periodic income reporting Section 3(c) of the Food Stamp Act of 1977 is amended to read as follows: “(c) ‘Certification period’ means the period for which households shall be eligible to receive authorization cards. For those households that are required to submit periodic reports under section 6(c)(1) of this Act, the certification period shall be at least six months but no longer than twelve months. For households that are not required to submit periodic reports, the certification period shall be determined as follows: “(1) In the case of a household all of whose members are included in a federally aided public assistance or general assistance grant, the period shall coincide with the period of such grant. “(2) In the case of all other households, the period shall be not less than three months: Provided, That such period may be up to twelve months for any household consisting entirely of unemployable or elderly or primarily self-employed persons, or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income or household status, and for any household on initial certification, as determined by the Secretary.”. Sec. 112. Section 5(d)(2) of the Food Stamp Act of 1977 is amended 7 USC 2014. by inserting after the second comma the following: “subject to modification by the Secretary in light of section 5(f)(2) of this Act,”. Ante, p. 358. 7 USC 2020. Sec. 113. Section 11(e)(4) of the Food Stamp Act of 1977 is amended by inserting immediately after “subsection” the following: “: 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 5(f)(2) and 6(c) of this Act if Ante, pp. 358, 359. administratively necessary”. Sec. 114. participation by strikers Section 6(d) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new paragraph (4) as follows: “(4) Notwithstanding any other provision of law, a household shall not participate in the food stamp 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 501(2) of the Labor Management Relations Act, 1947, because of a labor dispute (other than a lockout) as defined in 29 USC 142. 29 USC 152. section 2(9) of the National Labor Relations Act: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately prior to such strike: 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: Provided further, That such ineligibility shall not apply if the household meets the income qualifications, assets requirements, and work registration requirements, as mandated in subsection (i) of this section.”. Sec. 115. income and resources of ineligible alien Section 6(f) of the Food Stamp Act of 1977 is amended by 7 USC 2015. adding at the end thereof a new sentence as follows: “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 shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.”. Sec. 116. matching of income information and other verification Section 11(e)(3) of the Food Stamp Act of 1977 is amended 7 USC 2020. by— (1) inserting after “section 5(d) of this Act” the following: “(in part through the use of the information, if any, obtained under Post, p. 367. subsections (h) and (i) of section 16 of this Act)”; and (2) inserting after “sections 5 and 6 of this Act,” the following: “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program 7 USC 2025. conducted under section 16 of this Act and as approved by the Secretary,”. Sec. 117. photo identification Section 11(e) of the Food Stamp Act of 1977, as amended, is amended by striking out “and” at the end of paragraph (15), and adding at the end thereof a new paragraph (17) as follows: “(17) that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the last sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity, to present a photographic identification card when using its authorization card in order to receive its coupons;”. Sec. 118. reporting illegal aliens Section 11(e) of the Food Stamp Act of 1977, as amended by section 117 of this Act, is amended by adding at the end thereof a new paragraph (18) as follows: “(18) notwithstanding paragraph (8) of this subsection, for the immediate reporting to the Immigration and Naturalization Service by the State agency of a determination by personnel responsible for the certification or recertification of households that any member of a household is ineligible to receive food stamps because that member is present in the United States in 8 USC 1101 note. violation of the Immigration and Nationality Act;”. Sec. 119. computerization Section 11(e) of the Food Stamp Act of 1977, as amended 7 USC 2020. by section 118 of this Act, is amended by inserting “and” at the end of paragraph (18) and adding at the end thereof a new paragraph (19) as follows: “(19) at the option of the State agency, for the establishment and operation of an automatic data processing and information retrieval system that meets such conditions as the Secretary may prescribe and that is designed to provide efficient and effective administration of the food stamp program.”. Sec. 120. state compliance with law Section 11(g) of the Food Stamp Act of 1977 is amended by— (1) inserting after “determines” the following: “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,”; (2) inserting “without good cause” before “to comply”; (3) striking out “or” before “the State plan of operation”; (4) inserting after “section,” the following: “or the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) of this Act”; and 7 USC 2025. (5) inserting before the period at the end of the second sentence the following: “, and, whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 16(a) and 16(c) of this Act as the Secretary determines to be 93 Stat. 391. 7 USC 2025. Post, p. 364. 7 USC 2023. 7 USC 2025. appropriate, subject to administrative and judicial review under section 14 of this Act.”. Sec. 121. Section 16(b) of the Food Stamp Act of 1977 is amended by striking out the last sentence thereof. Sec. 122. social security office application Section 11(i)(2) of the Food Stamp Act of 1977 is amended 7 USC 2020. by striking out “simplified affidavit” and inserting in lieu thereof “simple application”. Sec. 123. special financial audit review of high participation states Section 11 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (1) as follows: “(1) Whenever the ratio of a State’s average food stamp participation in any quarter of a fiscal year to the State’s total population in that quarter (estimated on the basis of the latest available population estimates as provided by the Department of Commerce, Bureau of the Census, Series P–25, Current Population Reports (or its successor series)) exceeds 60 per centum, the Office of the Inspector General of the Department of Agriculture shall immediately schedule a financial audit review of a sample of project areas within that State, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days. Any financial audit review subsequent to the first such review, required under the preceding sentence, shall be conducted at the option of the Office of the Inspector General.”. Sec. 124. forfeiture of property involved in illegal food stamp transactions Section 15 of the Food Stamp Act of 1977 is amended by 7 USC 2024. adding at the end thereof a new subsection (g) as follows: “(g) The Secretary may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities, or other things of value that are furnished or intended to be furnished by any person in exchange for coupons or authorization cards in any manner not authorized by this Act or the regulations issued under this Act. Any forfeiture and disposal of property forfeited under this subsection shall be conducted in accordance with procedures contained in regulations issued by the Secretary.”. Sec. 125. state incentives for reducing error Section 16(c) of the Food Stamp Act of 1977 is amended by— (1) striking out “Effective October 1, 1978, the” and inserting in lieu thereof “The”; (2) inserting “(1) effective October 1, 1978,” after “such share to”; (3) inserting “(A)” after “State agency whose”; (4) inserting “semiannual” before “cumulative”; (5) striking out “section is less” and inserting in lieu thereof “section are less”; (6) inserting before the period at the end thereof the following: “and (B) whose rate of invalid decisions in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this section is less than a nationwide percentage that the Secretary determines to be reasonable; “(2) effective October 1, 1980, 65 per centum of all such administrative costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; “(3) effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rate as determined under paragraph (1)(A) of this subsection is greater than 5 per centum but less than 8 per centum or the national standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and “(4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per centum. No State agency shall receive more than one of the increased federally funded shares of administrative costs set forth in paragraphs (1) through (4) of this subsection”. Sec. 126. state liability for errors Section 16 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (g) as follows: “(g) (1) The Secretary shall institute an error liability program under which each State agency shall, other than for good cause as determined by the Secretary, pay to the Secretary or have withheld by the Secretary as described in paragraph (4) of this subsection, the amount by which the dollar value equivalent of the State agency’s payment error rate, as determined by the Secretary, for each six-month period, exceeds the dollar value equivalent of either— “(A) the State agency payment error rate for the base period less a national annual rate of error reduction, as determined by the Secretary, taking into account program circumstances and rates of error reduction in comparable Federal or federally assisted public assistance programs, or “(B) the national standard payment error rate for the base period, whichever is higher. “(2) As used in this subsection, (A) ‘base period’ means, for fiscal year 1981, the six months beginning October 1, 1979, and ending March 31, 1980 and, for each fiscal year thereafter, the six months beginning October 1 and ending March 30 of the prior fiscal year; (B) ‘payment error rate’ means the percentage of all food stamp allot-ments which are issued in a given period by a State agency to households that fail to meet the eligibility requirements of sections 5 and 6 of this Act, are overissued to eligible households, and are 7 USC 2014, 2015. underissued to eligible households; (C) ‘national standard payment error rate’ means the weighted mean payment error rate for all State agencies; and (D) ‘dollar value equivalent’ means the value of allotments determined by multiplying a given error rate by the dollar value of all the allotments issued by a State agency during the particular period in question. “(3) The Secretary shall conduct a study to determine whether it is Feasibility study. feasible to include in the calculation of each State agency’s payment error rate, and in the calculation of the national standard payment error rate, invalid decisions by each State agency denying eligibility to households that are in fact eligible. If the Secretary determines that such a change in the method of calculation is feasible, the Secretary shall implement changes in the method of calculating payment error rates for the purposes described in this section. “(4) If the Secretary makes a claim against a State for payment Administrative and judicial review. under paragraph (1) of this subsection, that State may seek administrative and judicial review of such claim under the procedures set forth in section 14 of this Act. If such claim is ultimately determined 7 USC 2023. to be valid or is not contested by the State, it shall be collected by the Secretary and may be collected through State payment, through withholding amounts otherwise payable to the State agency under subsection (a) of this section, or through other mechanisms authorized by the Federal Claims Collection Act of 1966.”. 31 USC 951 note. Sec. 127. disclosure provisions (a) (1) Subsection (i) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of returns and return information 26 USC 6103. for purposes other than tax administration) is amended by adding at the end thereof the following new paragraph: “(7) Disclosure of certain return information by social security administration to department of agriculture and to state food stamp agencies.— “(A) In general.— The Commissioner of Social Security may disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and 26 USC 1402, 3121, 3401. payments of retirement income which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of tins subsection— “(i) upon request, to officers and employees of the Department of Agriculture, and “(ii) upon written request, to officers and employees of a State food stamp agency. “(B) Restriction on disclosure.— The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, determining an individual’s eligibility for benefits, or the amounts of benefits, under the food stamp program established under the Food Stamp Act of 1977. 7 USC 2011 note. “(C) State food stamp agency.— For purposes of this paragraph, the term ‘State food stamp agency means any agency described in section 3(n)(1) of the Food Stamp Act of 7 USC 2012. 1977 which administers the food stamp program established under such Act.”. (2) (A) Subparagraph (A) of section 6103(p)(3) of such Code (relating to records of inspection and disclosure) is amended by striking out “(l)(1) or (4)(B) or (5)” and inserting in lieu thereof “(l)(1), (4)(B), (5), or (7)”. (B) Paragraph (4) of section 6103(p) of such Code (relating to safeguards) is amended by striking out “(l)(3) or (6)” in so much of such paragraph as precedes subparagraph (A) thereof and inserting in lieu thereof “(l)(3), (6), or (7)”. (C) Clause (i) of section 6103(p)(4)(F) of such Code is amended by striking out “(1)(6)” and inserting in lieu thereof “(l)(6) or (7)”. (D) The first sentence of paragraph (2) of section 7213(a) of such 26 USC 7213. Code is amended— (i) by striking out “or any educational institution” and inserting in lieu thereof “any educational institution, or any State food stamp agency (as defined in section 6103(l)(7)(C))”, and (ii) by striking out “subsection (d), (1)(6), or (m)(4)(B)” and inserting in lieu thereof “subsection (d), (1)(6) or (7), or (m)(4)(B)”. (3) The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) (1) Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) (1) The State agency charged with the administration of the State law— “(A) shall disclose, upon request and on a reimbursable basis, to officers and employees of the Department of Agriculture and to officers or employees of any State food stamp agency any of the following information contained in the records of such State agency— “(i) wage information, “(ii) whether an individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received (or to be received) by such individual, “(iii) the current (or most recent) home address of such individual, and “(iv) whether an individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor, and “(B) shall establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to insure that information disclosed under subparagraph (A) is used only for purposes of determining an individual’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977. “(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State. “(3) For purposes of this subsection, the term ‘State food stamp agency’ means any agency described in section 3(n)(1) of the Food Stamp Act of 1977 which administers the food stamp program 7 USC 2012. established under such Act.”. (2) Paragraph (2) of section 304(a) of the Social Security Act is 42 USC 504. amended by striking out “subsection (b) or (c)” and inserting in lieu thereof “subsection (b), (c), or (d)”. (3) The amendments made by this subsection shall take effect on Effective date. 42 USC 503 note. January 1, 1983. Sec. 128. payment of certain legal fees Section 16 of the Food Stamp Act of 1977, as amended by 7 USC 2025. section 126 of this Act, is amended by adding at the end thereof a new subsection (h) as follows: “(h) Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of officers and employees of the Department of Agriculture may be paid in judicial or administrative proceedings to which such officers and employees have been made parties and that arise directly out of their performance of duties under this Act; and”. Sec. 129. cost sharing for computerization Section 16 of the Food Stamp Act of 1977, as amended by section 128 of this Act, is amended by adding at the end thereof a new subsection (i) as follows: “(i) Effective October 1, 1980, the Secretary is authorized to pay to each State agency an amount equal to— “75 per centum of the costs incurred by the State agency in the planning, design, development, or installation of automatic data processing and information retrieval systems that the Secretary determines (1) will assist in meeting the requirements of this Act, (2) meet such conditions as the Secretary prescribes, (3) are likely to provide more efficient and effective administration of the food stamp program, and (4) will be compatible with other such systems used in the administration of State plans under the Aid to Families with Dependent Children Program under title IV of the Social Security Act: Provided, That there shall be no such payments to the extent 42 USC 601. that a State agency is reimbursed for such costs under any other Federal program or uses such systems for purposes not connected with the food stamp program: Provided further, That any costs matched under this subsection shall be excluded in determining the State agency’s administrative costs under any other subsection of this section.”. Sec. 130. continuation of cash-out pilot projects Section 17(b)(1) of the Food Stamp Act of 1977 is 7 USC 2026. amended by adding at the end thereof a new sentence as follows: “Any pilot or experimental project implemented under this paragraph involving the payment of the value of allotments in the form of cash to eligible households shall be continued until October 1, 1981, if the State so requests.”. Sec. 131. workfare job-search time period Section 17(b)(2) of the Food Stamp Act of 1977, as amended, is amended by adding after the phrase “thirty days” in the Post, p. 368. second sentence the following: “(ten days in at least one pilot project area designated by the Secretary)”. Sec. 132. workfare pilot project revisions (a) Section 17(b)(2) of the Food Stamp Act of 1977 is amended by striking out everything after “Act,” in the last sentence and inserting in lieu thereof the following: “shall issue interim reports no later than October 1, 1979, October 1, 1980, and March 30, 1981, shall issue a final report describing the results of such pilot projects based upon their operation from their commencement through the fiscal year ending September 30, 1981, and shall pay to the agencies or organizations operating such pilot projects 50 per centum of all administrative costs involved in such operation.”. (b) The provisions of section 17(b)(2) of the Food Stamp Act of 1977 for the sharing of administrative costs, as added by subsection (a) of this section, shall be effective on the date of enactment of this Act. Sec. 133. study of cpi Section 17 of the Food Stamp Act of 1977, is amended by adding at the end thereof a new subsection (e) as follows: “(e) The Director of the Congressional Budget Office, in consultation with the Secretary, the Secretary of Commerce, and the Secretary of Labor, shall review the Consumer Price Index and the various alternative consumer price or cost-of-living indices, such as the Personal Consumption Expenditure (PCE) Deflator, to examine the limitations of each statistical alternative and the factors causing the various indices to differ with each other and to reflect inconsistencies with their own prior year indices in measuring the cost-of-living or the rate of inflation. The study shall seek to determine whether the Consumer Price Index is the most accurate indexation base for the food stamp program, or whether an alternative or combination of alternatives may be the more accurate indexation base to reflect Results, report to congressional committees. consumer prices or changes in the costs of living. The Director of the Congressional Budget Office shall report the results of the study to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Director deems appropriate, by February 1, 1981.”. Sec. 134. use of federal funds to interfere with program implementation Section 18(a) of the Food Stamp Act of 1977 is amended by— (1) inserting “(1)” immediately after the subsection designation; and (2) adding at the end thereof a new paragraph (2) as follows: “(2) No funds authorized to be appropriated under this Act or any other Act of Congress shall be used by any person , firm, corporation, group, or organization at any time, directly or indirectly, to interfere with or impede the implementation of any provision of this Act or any rule, regulation, or project thereunder, except that this limitation shall not apply to the provision of legal and related assistance in connection with any proceeding or action before any State or Federal agency or court. The President shall ensure that this paragraph is complied with by such order or other means as the President deems appropriate.”. Sec. 135. annual adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended 7 USC 2012. by— (1) striking out “and” before “(4)”; (2) inserting “through January 1, 1980,” after “(4)”; and (3) inserting before the period at the end thereof the following: “, (5) on January 1, 1981, 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 September 30, and (6) on January 1, 1982, 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 September 30 and the subsequent three months ending December 31 as projected by the Secretary in light of the best available data; and, as of every January 1 thereafter, for the nine 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”. Sec. 136. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 93 Stat. 390. 7 USC 2014. Ante, p. 358. by— (1) striking out the comma after “1978” in the second sentence and inserting “through January 1, 1980,” immediately thereafter; (2) inserting before the period at the end of the second sentence the following: “, and, on January 1, 1981, shall be adjusted to the nearest $5 to reflect such changes for the twelve months ending the preceding September 30; and, on January 1, 1982, shall be 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, as of every January 1 thereafter, 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”; (3) striking out “(commencing July 1, 1978)” in clause (2) of the fourth sentence and inserting in lieu thereof “on July 1, 1978, and July 1, 1979” in lieu thereof; and (4) inserting before the period at the end of the fourth sentence the following: “, 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”. Sec. 137. adjustment of poverty guidelines Section 5(c) of the Food Stamp Act of 1977 is amended by striking out everything after “forty-eight contiguous States” and inserting a period in lieu thereof. Sec. 138. reduction in assets limitations Section 5(g) of the Food Stamp Act of 1977 is amended by striking out “$1,750” and inserting in lieu thereof “$1,500”. Sec. 139. restriction on student participation Section 6(e) of the Food Stamp Act of 1977 is amended by striking out everything after “(1)” and inserting in lieu thereof the following: “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, 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 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 (C) 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).”. Sec. 140. Section 6(d) of the Food Stamp Act of 1977 is amended by striking out everything after “person” in the parenthesis in clause (D) of paragraph (2) and inserting in lieu thereof the following: “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)”.
1981
Pub. L. 97–35 § 116(a)(1) · 95 Stat. 357
Struck · 7 U.S.C. § 2014(b)
Pub. L. 97–35, § 116(a)(1), struck out reference to Puerto Rico
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35, § 116(a)(1), struck out reference to Puerto Rico.
Enacted provision · exact public law section
(1) striking out “Puerto Rico,” in section 3(m), clause (3) of 7 USC 2012, 2014. Ante, p. 359. section 3(o), section 5(b), wherever it appears in section 5(c), and wherever it appears in section 5(e); and striking out “$50,” and “$40,” in section 5(e); and
1981
Pub. L. 97–35 title I · 95 Stat. 357
1. Added · 7 U.S.C. § 2014(c)
  Pub. L. 97–35, §§ 104(a)(1), 116(a)(1), added cls. (1) and (2)
2. Struck · 7 U.S.C. § 2014(c)
  Pub. L. 97–35, §§ 104(a)(1), 116(a)(1), struck out reference to Puerto Rico
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35, §§ 104(a)(1), 116(a)(1), added cls. (1) and (2) and struck out reference to Puerto Rico.
Enacted provision · exact public law
TITLE I— AGRICULTURE, FORESTRY, AND RELATED PROGRAMS Subtitle A— Food Stamp Program Reductions and Other Reductions in Authorization for Appropriations PART 1— FOOD STAMP PROGRAM REDUCTIONS Sec. 101. family unit requirement Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) inserting before the period at the end of the first sentence “; 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”; and (2) striking out “neither” in the second sentence and inserting “no” in lieu thereof. Sec. 102. boarders Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) striking out in clause (1) of the first sentence “or else pays compensation to the others for such meals,”; (2) striking out in clause (2) of the first sentence “or else live with others and pay compensation to the others for such meals”; and (3) adding before the period at the end of the second sentence “, or else live with others and pay compensation to the others for meals”. Sec. 103. adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended by striking out “and” before clause (6) and all that follows down through the end of clause (6), and inserting in lieu thereof the following: “(6) on April 1, 1982, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding December 31, (7) on July 1, 1983, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding March 31, (8) on October 1, 1984, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding June 30, and (9) on October 1, 1985, and each October 1, thereafter, 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”. Sec. 104. gross income eligibility standard (a) Section 5 of the Food Stamp Act of 1977 is amended by— (1) striking out everything before “adjusted annually” in the first sentence of subsection (c) and inserting the following: “(c) The income standards of eligibility shall be— “(1) for households containing a member who is sixty years of age or over or a member who receives supplemental security 42 USC 1381. 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 42 USC 301, 401, 1201, 1351, 1381. “(2) for all other households, 130 per centum, of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget”; and (2) inserting “for purposes of determining eligibility and benefit levels for households described in subsection (c)(1) and determining benefit levels only for all other households” after “household income” in the first sentence of subsection (e). (b) Section 8(a) of the Food Stamp Act of 1977 is amended by 7 USC 2017. inserting “(d) and (e)” after “section 5” in the first sentence. Sec. 105. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out in the first sentence everything that follows “the Secretary shall allow a standard deduction of” and inserting in lieu thereof the following: “$85 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction of $145, $120, $170, $50, and $75, respectively.”; (2) striking out the second sentence and inserting in lieu thereof the following: “Such standard deductions shall be adjusted (1) on July 1, 1983, to the nearest $5 increment to reflect changes in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, for items other than food and the homeownership component of shelter costs, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the fifteen months ending the preceding March 31, (2) on October 1, 1984, to the nearest $5 increment to reflect such changes for the fifteen months ending the preceding June 30, and (3) on October 1, 1985, and each October 1 thereafter, to the nearest $5 increment to reflect such changes for the twelve months ending the preceding June 30.”; and (3) striking out the proviso in clause (2) of the fourth sentence and inserting in lieu thereof the following: “Provided, 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, Puerto Rico, and the Virgin Islands of the United States, $200, $165, $140, $40, and $85, respectively, adjusted (i) on July 1, 1983, to the nearest $5 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 $5 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 $5 increment to reflect such changes for the twelve months ending the preceding June 30,”. Sec. 106. earned income deduction Section 5(e) of the Food Stamp Act of 1977 is amended by striking out “20 per centum” in the third sentence and inserting in lieu thereof “18 per centum”. Sec. 107. retrospective accounting (a) Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) (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. “(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. “(2) (A) Household income for migrant farmworker households shall be calculated on a propective basis, as provided in paragraph (3)(A). “(B) Household income for all other households shall be calculated either on a prospective basis as provided in paragraph (3)(A) or on a retrospective basis as provided in paragraph (3)(B), as elected by the State agency under regulations prescribed by the Secretary. “(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 42 USC 1305. purposes of this Act and the Social Security Act, the income of households receiving benefits under this Act and title IV-A of the 42 USC 601. Social Security Act is calculated on a comparable basis under the two Acts. The Secretary is authorized, upon the request of a State agency, to waive any of the provisions of this subsection to the extent necessary to permit the State agency to calculate income for purposes of this Act on the same basis that income is calculated under title IV-A of the Social Security Act in that State.”. (b) Effective October 1, 1983, paragraph (2)(B) of section 5(f) of the Food Stamp Act of 1977, as amended by subsection (a), is amended to 7 USC 2014. read as follows: “(B) Household income for all other households shall be calculated on a retrospective basis as provided in paragraph (3)(B).”. (c) Section 5(d) of the Food Stamp Act of 1977 is amended by striking out “5(f)(2)” and inserting “5(f)” in lieu thereof. Sec. 108. periodic reporting (a) Section 3(c) of the Food Stamp Act of 1977 is amended 7 USC 2012. by inserting before the period at the end of the second sentence “except that the limit of twelve months may be waived by the Secretary to improve the administration of the program”. (b) Section 6(c) of the Food Stamp Act of 1977 is amended by— 7 USC 2015. (1) inserting after “households” in the first sentence of paragraph (1) “, 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 section 6(d) of this Act to register for work, and all households required to file a similar report under title IV-A of the Social Security Act, but not 42 USC 601. including households that have no earned income and in which all members are sixty years of age or over or receive supplemental security income benefits under title XVI of the Social Security 42 USC 1381. Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act,”; 42 USC 301, 401, 1201, 1351, 1381. (2) striking out “5(f)(2)” in paragraph (1) and inserting “5(f)” in lieu thereof; and (3) inserting after paragraph (3) the following new paragraph: “(4) 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.”. (c) Effective October 1, 1983, section 6(c)(1) of the Food Stamp Act of 1977 is further amended by— 7 USC 2015. (1) striking out in the first sentence “that elect to use a system of retrospective accounting in accordance with section 5(f) of this Act”; and (2) striking out the second sentence. Sec. 109. eligibility of strikers (a) Section 6(d)(4) of the Food Stamp Act of 1977 is amended by— (1) inserting before the colon at the end of the first proviso the following: “, 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”; (2) inserting a period in lieu of the colon at the end of the second proviso; and (3) striking out the third proviso. (b) Section 6(i) of the Food Stamp Act of 1977 is repealed. Sec. 110. prorating first month benefits Section 8 of the Food Stamp Act of 1977 is amended by 7 USC 2017. adding at the end thereof the following new subsection: “(c) 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 “Initial month.” other initial period for which the allotment is issued. As used in this subsection, the term ‘initial month’ means (1) the first month for which an allotment is issued to a household, and (2) the first month for which an allotment is issued to a household following any period of more than thirty days which such household was not participating in the food stamp program under this Act after previous participation in such program.”. Sec. 111. outreach (a) Section 11(e)(1) of the Food Stamp Act of 1977 is amended by striking out clauses (A) and (B) and redesignating existing clause (C) as (B) and inserting the following new clause (A): “(A) not conduct food stamp outreach activities with funds provided under this Act;”. (b) Section 16(a) of that Act is amended by— (1) striking out clause (1); and (2) redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively. Sec. 112. disqualification penalties for fraud and misrepresentation Section 6(b) of the Food Stamp Act of 1977 is amended to read as follows: “(b) (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 Act, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing coupons or authorization cards shall, immediately upon the rendering of such determination, become ineligible for further participation in the program— “(i) for a period of six months upon the first occasion of any such determination; “(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. During the period of such ineligibility, no household shall receive increased benefits under this Act 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 appropri-ate jurisdiction, but in no event shall the period of ineligibility be subject to review. “(4) The Secretary shall prescribe such regulations as the Secretary Regulations. 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.”. Sec. 113. waiving and offsetting claims; improved recovery of overpayments (a) Section 13 of the Food Stamp Act of 1977 is amended 7 USC 2022. by— (1) inserting “(a)” immediately after the section designation; (2) inserting before the period at the end of the first sentence “, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this Act”; (3) adding the following new sentence at the end thereof: “The Secretary shall have the power to reduce amounts otherwise due to a State agency under section 16 of this Act to collect unpaid 7 USC 2025. claims assessed against the State agency if the State agency has declined or exhausted its appeal rights under section 14 of this Act.”; and 7 USC 2023. (4) adding the following new subsection at the end thereof: “(b) (1) In the case of any ineligibility determination under section 6(b) of this Act, the household of which such ineligible individual is a member is required to agree to a reduction in the allotment of the household of which such individual is a member, or payment in cash, in accordance with a schedule determined by the Secretary, that will be sufficient to reimburse the Federal Government for the value of any overissuance of coupons resulting from the activity that was the basis of the ineligibility determination. If a household refuses to make an election, or elects to make a payment in cash under the provisions of the preceding sentence and fails to do so, the household shall be subject to an allotment reduction. “(2) State agencies shall collect any claim against a household arising from the overissuance of coupons, other than claims the collection of which is provided for in paragraph (1) of this subsection and claims arising from an error of the State agency, by reducing the monthly allotments of the household. These collections shall be limited to 10 per centum of the monthly allotment (or $10 per month, whenever that would result in a faster collection rate).”. (b) The of section 13 of the Food Stamp Act of 1977 is 7 USC 2022. amended to read “collection and disposition of claims”. Sec. 114. states’ share of collected claims Section 16(a) of the Food Stamp Act of 1977 is amended 7 USC 2025. by— (1) striking out in the first sentence “through prosecutions” and all that follows down through the end of the sentence and inserting in lieu thereof “pursuant to section 13(B)(1) of this Act Supra. and 25 per centum of the value of all funds or allotments recovered or collected pursuant to section 13(b)(2) of this Act.”; Supra. and (2) striking out in the second sentence “fraud” and inserting in lieu thereof “ineligibility”. Sec. 115. repeal of increases in dependent care deductions for working adults and medical deductions for the elderly and disabled Sections 104 and 105 of the Food Stamp Act Amendments of 1980 (Public Law 96–249) are repealed. Sec. 116. puerto rico block grant (a) Effective July 1, 1982, the Food Stamp Act of 1977 is amended by— (1) striking out “Puerto Rico,” in section 3(m), clause (3) of 7 USC 2012, 2014. Ante, p. 359. section 3(o), section 5(b), wherever it appears in section 5(c), and wherever it appears in section 5(e); and striking out “$50,” and “$40,” in section 5(e); and (2) adding at the end thereof the following new section: “Sec. 19. “block grant (a) (1) (A) From the sums appropriated under this Act the Secretary shall, subject to the provisions of this subsection and subsection (b), pay to the Commonwealth of Puerto Rico not to exceed $825,000,000 for each fiscal year to finance 100 per centum of the expenditures for food assistance provided to needy persons, and 50 per centum of the administrative expenses related to the provision of such assistance. “(B) The payments to the Commonwealth for any fiscal year shall not exceed the expenditures by that jurisdiction during that year for the provision of the assistance the provision of which is included in the plan of the Commonwealth approved under subsection (b) and 50 per centum of the related administrative expenses. “(2) The Secretary shall, subject to the provisions of subsection (b), pay to the Commonwealth for the applicable fiscal year, at such times and in such manner as the Secretary may determine, the amount estimated by the Commonwealth pursuant to subsection (b)(1)(A)(iv), reduced or increased to the extent of any prior overpayment or current underpayment which the Secretary determines has been made under this section and with respect to which adjustment has not already been made under this subsection. “(b) (1) (A) In order to receive payments under this Act for any fiscal year, the Commonwealth shall have a plan for that fiscal year approved by the Secretary under this section. By July 1 of each year, if the Commonwealth wishes to receive payments, it shall submit a plan for the provision of the assistance described in subsection (a)(1)(A) for the following fiscal year which— “(i) designates a single agency which shall be responsible for the administration, or supervision of the administration, of the program for the provision of such assistance; “(ii) assesses the food and nutrition needs of needy persons residing in the Commonwealth; “(iii) describes the program for the provision of such assistance, including the assistance to be provided and the persons to whom such assistance will be provided, and any agencies designated to provide such assistance, which program must meet such requirements as the Secretary may by regulation prescribe for the purpose of assuring that assistance is provided to the most needy persons in the jurisdiction; “(iv) estimates the amount of expenditures necessary for the provision of the assistance described in the program and related administrative expenses, up to the amount provided for payment by subsection (a)(1)(A); and “(v) includes such other information as the Secretary may require. “(B) (i) The Secretary shall approve or disapprove any plan submitted pursuant to subparagraph (A) no later than August 1 of the year in which it is submitted. The Secretary shall approve any plan which complies with the requirements of subparagraph (A). If a plan is disapproved because it does not comply with any of the requirements of that paragraph the Secretary shall, except as provided in subparagraph (B)(ii), notify the appropriate agency in the Commonwealth that payments will not be made to it under subsection (a) for the fiscal year to which the plan applies until the Secretary is satisfied that there is no longer any such failure to comply, and until the Secretary is so satisfied, the Secretary will make no payments. “(ii) The Secretary may suspend the denial of payments under subparagraph (B)(i) for such period as the Secretary determines appropriate and instead withhold payments provided for under subsection (a), in whole or in part, for the fiscal year to which the plan applies, until the Secretary is satisfied that there is no longer any failure to comply with the requirements of subparagraph (A), at which time such withheld payments shall be paid. “(2) (A) The Commonwealth shall provide for a biennial audit of expenditures under its program for the provision of the assistance described in subsection (a)(1)(A), and within 120 days of the end of each fiscal year in which the audit is made, shall report to the Secretary the findings of such audit. “(B) Within 120 days of the end of the fiscal year, the Commonwealth shall provide the Secretary with a statement as to whether the payments received under subsection (a) for that fiscal year exceeded the expenditures by it during that year for which payment is authorized under this section, and if so, by how much, and such other information as the Secretary may require. “(C) (i) If the Secretary finds that there is a substantial failure by the Commonwealth to comply with any of the requirements of subparagraphs (A) and (B), or to comply with the requirements of subsection (b)(1)(A) in the administration of a plan approved under subsection (b)(1)(B), the Secretary shall, except as provided in subparagraph (C)(ii), notify the appropriate agency in the Commonwealth that further payments will not be made to it under subsection (a) until the Secretary is satisfied that there will no longer be any such failure to comply, and until the Secretary is so satisfied, the Secretary shall make no further payments. “(ii) The Secretary may suspend the termination of payments under subparagraph (C)(i) for such period as the Secretary determines appropriate, and instead withhold payments provided for under subsection (a), in whole or in part, until the Secretary is satisfied that there will no longer be any failure to comply with the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), at which time such withheld payments shall be paid. “(iii) Upon a finding under subparagraph (C)(i) of a substantial failure to comply with any of the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), the Secretary may, in addition to or in lieu of any action taken under subparagraphs (C)(i) and (C)(ii), refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance by the Commonwealth of Puerto Rico, and upon suit by the Attorney General in an appropriate district court of the United States and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(c) (1) The Secretary shall provide for the review of the programs for the provision of the assistance described in subsection (a)(1)(A) for which payments are made under this Act. “(2) The Secretary is authorized as the Secretary deems practicable to provide technical assistance with respect to the programs for the provision of the assistance described in subsection (a)(1)(A). “(d) Whoever knowingly and willfully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any funds, assets, or property provided or financed under this section shall be fuzed not more than $10,000 or imprisoned for not more than five years, or both, but if the value of the funds, assets or property involved is not over $200, the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both.”. (b) Notwithstanding the provisions of section 19 of the Food Stamp Act of 1977, as added by this section— (1) the amount payable to the Commonwealth of Puerto Rico under section 19 for fiscal year 1982 shall be $206,500,000, and the Secretary of Agriculture is authorized to grant such waivers of the requirements imposed by that section with respect to that fiscal year as the Secretary determines appropriate to carry out the purposes of that section; and (2) in order to receive the amounts payable under this subsection or section 19 for fiscal years 1982 and 1983, the Commonwealth shall submit, for the Secretary’s approval, the plan required by the provisions of subsection (b) of section 19 by April 1, 1982. Sec. 117. effective dates Except as otherwise specifically provided, the amendments made by sections 101 through 116 of this Act shall be effective and implemented upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation. PART 2— OTHER REDUCTIONS IN AUTHORIZATIONS FOR APPROPRIATIONS Sec. 120. agricultural and related programs Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the programs designated below not to exceed the sums shown for each of the fiscal years 1982, 1983, and 1984. Agricultural Stabilization and Conservation Service dairy and beekeeper indemnity programs For necessary expenses involved in making indemnity payments to dairy farmers under the Act of August 13, 1968 (7 U.S.C. 450j): $200,000 for fiscal year 1982, $200,000 for fiscal year 1983, and $200,000 for fiscal year 1984. Agricultural Marketing Service payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(3)): $1,571,000 for fiscal year 1982, $1,651,000 for fiscal year 1983, and $1,723,000 for fiscal year 1984. Farmers Home Administration rural community fire protection grants For grants pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (Public Law 95–313): $3,565,000 for fiscal year 1982, $3,821,000 for fiscal year 1983, and $4,038,000 for fiscal year 1984. rural development planning grants For rural development planning grants pursuant to section 306(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11)): $4,767,000 for fiscal year 1982, $4,959,000 for fiscal year 1983, and $5,155,000 for fiscal year 1984. rural development grants For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932): $5,007,000 for fiscal year 1982, $5,280,000 for fiscal year 1983, and $5,553,000 for fiscal year 1984. Soil Conservation Service For necessary expenses for carrying out the programs administered by the Soil Conservation Service: $588,875,000 for fiscal year 1982, $596,767,000 for fiscal year 1983, and $602,865,000 for fiscal year 1984. Agricultural Stabilization and Conservation Service agricultural conservation program For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g–590o, 590p(a), and 590q), and sections 1001–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1508, and 1510): $201,325,000 for fiscal year 1982, $209,647,000 for fiscal year 1983, and $218,216,000 for fiscal year 1984. forestry incentives program For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101): $15,090,000 for fiscal year 1982, $16,913,000 for fiscal year 1983, and $18,314,000 for fiscal year 1984. water bank program For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311): $10,876,000 for fiscal year 1982, $10,854,000 for fiscal year 1983, and $10,813,000 for fiscal year 1984. emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205): $10,069,000 for fiscal year 1982, $10,507,000 for fiscal year 1983, and $10,958,000 for fiscal year 1984. Sec. 121. water and waste grants Section 306(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 (a)(2)) is amended by striking out the period at the end of the first sentence and inserting in lieu thereof a colon and the following: “Provided, That for fiscal years commencing after September 30, 1981, such grants may not exceed $154,900,000 in any fiscal year.”. Sec. 122. forest service Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the necessary expenses of the Forest Service for carrying out the programs for Forest Research, State and Private Forestry, and National Forest System under the appropriations account for Forest Management, Protection, and Utilization, and the programs under the appropriations account for Construction and Land Acquisition: $1,575,552,000 for fiscal year 1981; $1,498,000,000 for fiscal year 1982; $1,560,000,000 for fiscal year 1983; and $1,620,000,000 for fiscal year 1984: Provided, That none of the funds authorized to be appropriated hereby may be used for carrying out the Bald Mountain road in the Siskiyou National Forest. Sec. 123. assistance to land-grant colleges There are authorized to be appropriated for the purpose of providing assistance to land-grant colleges under the Act of August 30, 1890 (commonly referred to as the “Second Morrill Act”) and the Act of March 4, 1907 (7 U.S.C. 322), not to exceed $2,800,000 for the fiscal year 1981; not to exceed $2,800,000 for the fiscal year 1982; not to exceed $2,800,000 for the fiscal year 1983; and not to exceed $2,800,000 for the fiscal year 1984. Sec. 124. public law 480 appropriation limits Notwithstanding any other provision of law, programs shall not be undertaken under title I (including title III) and title H of 7 USC 1701, 1721, 1427. the Agricultural Trade Development and Assistance Act of 1954 during any calendar year which call for an appropriation of more than $1,304,836,000 for the fiscal year 1982; $1,320,292,000 for the fiscal year 1983; and $1,402,278,000 for the fiscal year 1984. Part 3— Department of Agriculture Personnel Sec. 125. establishment of personnel ceiling Notwithstanding any other provision of law, the total full-time 7 USC 2201 note. equivalent staff year personnel ceiling for the United States Department of Agriculture shall not exceed one hundred and seventeen thousand staff years (including overtime) for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. Subtitle B— Reduction in Direct Spending Part 1— Commodity Credit Corporation Programs Sec. 150. milk price support Effective October 1, 1981, section 201 of the Agricultural Act of 1949 is amended by— 7 USC 1446. (1) striking out the second sentence of subsection (c) and inserting in lieu thereof the following: “Notwithstanding the foregoing, effective for the period beginning October 1, 1981, and ending September 30, 1985, the price of milk for the marketing year beginning on October 1 of each year shall be supported at a level determined according to the following procedure: The Net Government purchases, estimate. Secretary shall estimate Government price support purchases net of sales for unrestricted use for the marketing year using the amount of such purchases made during the most recent six-month period adjusted to an annual level on the basis of the most recent ten year experience. The Secretary shall adjust this Adjustment. estimate of net Government purchases to reflect the effect of current and expected availability of feed, feed prices, milk-feed price ratio, utility cow prices, dairy cow numbers and dairy heifer replacement stocks on milk production during the marketing year. After making this final estimate, the Secretary shall support the price of milk at not less than the level indicated by the following schedule, nor more than 90 per centum of the parity price therefor: “Price as percent of parity The higher of anticipated annual rate of net Government purchases Nonfat dry milk (million pounds) Milk equivalent (butterfat basal) of butter and cheese (billion pounds) 75 more than 500 5.5 or more. 76 450–499.9 5.0–5.499. 77 400–449.9 4.5–4.999. 78 350–399.9 4.0–4.499. 79 300–349.9 3.5–3.999. 80 250–299.9 3.0–8.499. 81 200–249.9 2.5–2.999. 82 150–199.9 2.0–2.499. 83 100–149.9 1.5–1.999. 84 50–99.9 1.0–1.499. 85 less than 50 less than 1.0. In no event shall the support price be less than the dollar amount of the support price then currently in effect for milk: Provided, That if the Secretary determines that the inventory of dairy products, at the end of the marketing year, exceeds five hundred million pounds of nonfat dry milk or five and one-half billion pounds milk equivalent of butter and cheese, the support price for the next marketing year shall be established at the minimum level indicated by this schedule based upon estimated Government price support purchases net of sales for unrestricted use for Notification to congressional committees. such year. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and reasons therefor thirty days prior to the effective date of the new support level. Notwithstanding the foregoing, if during any marketing year dairy product imports into the United States are incrased as the result of an expansion of imports or termination of import restraints established pursuant 7 USC 624. to section 22 of the Agricultural Adjustment Act, the support price shall be redetermined by reducing the final estimate of net Government purchases by the milk equivalent (butterfat basis) of products or nonfat dry milk or its equivalent of other products derived from such increased imports. The increased support price so determined shall become effective simultaneously with the announcement of the expansion of dairy product imports. A similar reduction in the net Government purchases for the marketing year in which the imports are entered into the United States shall be made when determining the support price level for subsequent years.”; and (2) inserting a new subsection (d) as follows: “(d) Effective for the period beginning October 1, 1982, and ending on September 30, 1985, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period to reflect any estimated change in the parity index during said semiannual period. If a review of net Government purchases as provided for in subsection (c) indicates that purchases during the most recent six-month period are being made at an annual rate exceeding five and one-half billion pounds milk equivalent (butterfat basis), or five hundred million pounds of nonfat dry milk, the support price of milk need not be adjusted unless such adjustment is necessary to prevent a support price at less than 75 per centum of parity as determined at Notification to congressional committees. the beginning of the semiannual period. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and the reasons therefor thirty days prior to the effective date of such semiannual adjustment.”. Sec. 151. farm storage facility loans Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) is amended by striking out from the fourth proviso of the second sentence “shall make loans” and inserting in lieu thereof “may make loans”. Sec. 152. reduction in ccc administrative expense limitation Not to exceed $52,000,000 shall be available for the fiscal year ending September 30, 1982, for administrative expenses of the Commodity Credit Corporation, within the limits of funds and bor-rowing authority available to the Corporation as may be necessary in carrying out the programs set forth in the budget for the Corporation. PART 2— COMMODITY INSPECTION FEES Sec. 155. grain inspection and weighing Effective for the period October 1, 1981, through September 7 USC 79 note. 7 USC 71. 30, 1984, inclusive, the United States Grain Standards Act is 7 USC 71. amended by— (1) amending section 7(j) (7 U.S.C. 79(j)) to read as follows: “(j) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service relating to supervision of official agency personnel arid supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 14 of this Act. The fees shall be 7 USC 85, 86, 87c. payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty Overdue fee. days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. The interest rate on overdue Interest rate. fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.”; (2) amending section 7A(l) (7 U.S.C. 79a(1)) to read as follows: “(l) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the service incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service relating to supervision of the agency personnel and supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs 7 USC 79, 85, 86 87c. incurred under sections 7(g)(3), 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in Overdue fees. section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of Interest rate. such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.”; (3) adding a new section 7C as follows: “Sec. 7C. “limitation on administrative and surpervisory costs The total administrative and supervisory costs which may be incurred under this Act for inspection and weighing (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1982 through 1984 shall not exceed 35 per centum of the total costs for such activities carried out by the Service for such year.”; (4) amending section 19 (7 U.S.C. 87h) to read as follows: “Sec. 19. “appropriations There are hereby authorized to be appropriated such sums as are necessary for standardization and compliance activities, monitoring in foreign ports grain officially inspected and weighed under this Act, and any other expenses necessary to out the provisions of this Act for each of the fiscal years during the period beginning October 1, 1981, and ending September 30, 1984, to the extent that financing is not obtained from fees and sales of samples as 7 USC 79, 79a, 87f–1. provided for in sections 7, 7A, and 17A of this Act.”; and (5) adding a new section 20 as follows: “Sec. 20. “advisory committee (a) In order to assure the normal movement of grain in an orderly and timely manner, the Secretary shall establish an advisory committee to provide advice to the Administrator with respect to the efficient and economical implementation of the United States Grain 7 USC 71 note. Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory commit-tee shall be appointed not later than thirty days after the date of enactment of this section. “(b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. 5 USC app. “(c) The Administrator shall provide the advisory committee with necessary clerical assistance and staff personnel. “(d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this Act, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.”. Sec. 156. cotton classing and related services (a) Section 5 of the United States Cotton Standards Act (7 U.S.C. 55) is amended to read as follows: “Sec. 5. (a) The Secretary of Agriculture shall cause to be collected Fees and charges. such fees and charges for licenses issued to classifiers of cotton under section 3 of this Act, for determinations made under section 4 of this 7 USC 53, 54. Act, and for the establishment of standards and sale of copies of standards under section 6 of this Act, as will cover, as nearly as 7 USC 56, 57, 57a. practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative and supervisory costs. Such fees and charges shall be credited to the current appropriation account that incurs the cost and shall remain available until expended to pay the expenses of the Secretary incident to providing services and standards under this Act and the United States Cotton Futures Act (7 U.S.C. 15b). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this Act shall become the property of the United States and may be sold with the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(b) The price established by the Secretary of Agriculture under the foregoing provisions of this section for practical forms representing the official cotton standards of the United States shall cover, as nearly as practicable, the estimated actual cost to the Department of Agriculture for developing and preparing such practical forms.”. (b) Effective only for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as follows: “Sec. 3a. Effective for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, the Secretary of Agriculture shall make cotton classification services available to producers of cotton. The Secretary shall further provide for appropriate agencies of the Department of Agriculture to collect directly from participating producers reasonable fees which, together with the proceeds of sales of samples submitted under this section, shall cover as nearly as practicable the cost of the services provided under this section, including administrative and supervisory costs: Provided, That the Secretary’s net cost estimate (after taking into account the proceeds from the sale of samples) used to calculate the uniform per-bale fee to be collected from producers for such classification services shall not exceed $12,000,000 in the fiscal year ending September 30, 1982, $12,400,000 in the fiscal year ending September 30, 1983, and $13,000,000 in the fiscal year ending September 30, 1984. All samples of cotton submitted for classification under this section shall become the property of the United States, and shall be sold: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Fees collected under this section and under section 3d of this Act and proceeds from sales of samples shall be credited to the current appropriation account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing classification services under this section. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account, such interest so earned shall be credited to the account for Appropriation authorization. use by the Secretary in providing such services. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section to the extent that financing is not available from fees and the proceeds from the sale of samples.”. (c) Subsection (f)(1)(G) of the United States Cotton Futures Act (7 U.S.C. 15b(f)(1)(G)) is amended by striking out “in such regulations.” and inserting in lieu thereof “in such regulations and shall be credited to the account referred to in section 5 of the United States Ante, p. 373. Cotton Standards Act (7 U.S.C. 55). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this act shall become the property of the United States and may be sold and the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).”. (d) The Secretary of Agriculture shall hold annual meetings with representatives of the cotton industry to review (1) activities and operations under the Cotton Standards Act, and the Cotton Statistics and Estimates Act, (2) activities and operations relating to cotton under the United States Warehouse Act, and (3) the effect of such activities and operations on prices received by producers and sales to domestic and foreign users, for the purpose of improving procedures for financing and administering such activities and operations for the benefit of the industry and the Government. Notwithstanding any other provision of law, the Secretary shall take such action as may be necessary to insure that the universal cotton standards system and the licensing and inspection procedures for cotton warehouses are preserved and that the Government cotton classification system continues to operate so that the United States cotton crop is provided an official quality description. (e) The provisions of this section shall become effective October 1, 1981. Sec. 157. tobacco inspection and related services (a) The Tobacco Inspection Act is amended by— (1) in section 5 (7 U.S.C. 511d), striking out the last two sentences and inserting in lieu thereof the following: “The Secretary shall by regulation fix and collect fees and charges for inspection and certification, the establishment of standards, and other services under this section at designated auction markets. The fees and charges authorized by this section shall, as nearly as practicable, cover the costs of the services, including the administrative and supervisory costs customarily included by the Secretary in user fee calculations. The fees and charges, when collected, shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. Such fees and charges shall be assessed against the warehouse operator, irrespective of ownership or interest in the tobacco, and shall be collected by the warehouse operator from the sellers of the tobacco. The inspection and related services under this section shall be suspended or denied if the warehouse operator fails to collect or otherwise pay the fees and charges imposed under this section. Tobacco inspection or certification services provided to designated auction markets shall take precedence over such services, other than reinspection, requested under the authority contained in section 6 of this Act or any other provision of law. In accordance with the Federal Advisory Committee Act, the Secretary shall establish a 5 USC app. national advisory committee of tobacco producers, and advisory subcommittees for each major kind of tobacco, to advise the Secretary with regard to the level of inspection and related services and the fees and charges therefor. The advisory committee and subcommittees established under this section shall be of permanent duration. The committees shall meet at the call of the Secretary.”; and (2) in section 6 (7 U.S.C. 511e), amending the first sentence of the second paragraph as follows: “The Secretary shall fix and collect such fees or charges in the administration of this section as will cover, as nearly as practicable, the costs of the services provided, including administrative and supervisory costs. Such fees and charges shall be credited to the account referred to in section 5 of this Act.”. 5 USC 511d. (b) The provisions of this section shall become effective October 1, Effective date. 7 USC 511d note. 1981. Sec. 158. warehouse examination, inspection, and licensing (a) The United States Warehouse Act is amended by— (1) amending section 10 (7 U.S.C. 251) to read as follows: “Sec. 10. The Secretary of Agriculture, or the Secretary’s designated Fees, collection. representative, shall charge, assess, and cause to be collected a reasonable fee for (1) each examination or inspection of a warehouse (including the physical facilities and records thereof and the agricultural products therein) under this Act; (2) each license issued to any person to classify, inspect, grade, sample, or weigh agricultural products stored or to be stored under provisions of this Act; (3) each annual warehouse license issued to a warehouseman to conduct a warehouse under this Act; and (4) each warehouse license amended, modified, extended, or reinstated under this Act. Such fees shall cover, as nearly as practicable, the costs of providing such services and licenses, including administrative and supervisory costs: Provided, That the amount of such fees collected for cotton warehouse inspections shall not exceed $400,000 in the fiscal year ending September 30, 1982, $415,000 in the fiscal year ending September 30, 1983, and $430,000 in the fiscal year ending September 30, 1984. All fees collected shall be credited to the current appropriation account that incurs the costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account such interest shall be credited to the account for use by the Secretary in providing such services.”; and (2) amending section 31 (7 U.S.C. 271) to read as follows: “Sec. 31. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act other than those services for which fees are authorized pursuant to section 10. Such appropriated funds may be used by the Secretary to employ qualified persons not regularly in the service of the United States for temporary assistance in carrying out the provisions of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. Sec. 159. naval stores inspection and related services (a) The Naval Stores Act is amended by— (1) in the second sentence of section 4 (7 U.S.C. 94) striking out “on tender of the cost thereof as required by him,”; and (2) amending section 8 (7 U.S.C. 98) to read as follows: “Sec. 8. (a) The Secretary of Agriculture shall fix and cause to be collected fees and charges for the establishment of standards under section 3 of this Act and for examinations, analyses, classifications, and other services under section 4 of this Act which shall cover, as nearly as practicable, the costs of providing such services and standards as the Secretary shall deem necessary, including administrative and supervisory costs. Such fees and charges, when collected, shall be credited to the current appropriation account that incurs such costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing such services and standards under this Act. Fees and charges shall be assessed and collected from processors and warehousers of naval stores, and inspection and related services shall be suspended or denied to any such processor or warehouser upon failure to timely pay the fees and charges assessed. “(b) There are hereby authorized to be appropriated such sums as may be necessary for the enforcement and administration of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. PART 3— FARMERS HOME ADMINISTRATION PROGRAMS Sec. 160. interest rates on farmers home administration water and waste disposal and community facility loans, loans to low-income limited resource borrowers, and loans for nonfarm facilities on prime farmlands (a) Section 307(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)) is amended by— (1) in paragraph (2), striking out “and (5)” and inserting in lieu thereof “(5), and (6)”; (2) in paragraph (4), striking out “The” and inserting in lieu thereof “Except as provided in paragraph (6), the”; (3) amending paragraph (3) to read as follows: “(3) (A) Except as provided in paragraph (6), the interest rates on loans (other than guranteed loans), to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations arid other federally recognized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be set by the Secretary at rates not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for such loans, and adjusted to the nearest one-eighth of 1 per centum; and not in excess of 5 per centum per annum for any such loans which are for the upgrading of existing facilities or construction of new facilities as required to meet applicable health or sanitary standards in areas where the median family income of the persons to be served by such facility is below the poverty line prescribed by the Office of Management and Budget as adjusted under section 624 of the Economic Opportunity Act of 1964 (42 U.S.C 2971d) and in other areas as the Secretary may designate where a significant percentage of the persons to be served by such facilities are of low income, as determined by the Secretary. “(B) Except as provided in paragraph (6), the interest rates on loans 7 USC 1934. (other than guaranteed loans) under section 310D of this title shall be as determined by the Secretary, but not in excess of one-half of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, nor less than 5 per centum per annum.”; and (4) adding at the end thereof a new paragraph (6) as follows: “(6) (A) Notwithstanding any other provision of this section, in the case of loans (other than guaranteed loans) made or insured under the authorities of this Act specified in subparagraph (B) for activities that involve the use of prime farmland as defined in subparagraph (C), the interest rates shall be the interest rates otherwise applicable under this section increased by 2 per centum per annum. Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in the preceding sentence shall be placed on land that is not prime farmland, in order to preserve the maximum practicable amount of prime farmlands for production of food and fiber. Where other options exist for the siting of such construction and where the governmental authority still desires to carry out such construction on prime farmland, the 2 per centum interest rate increase provided by this clause shall apply, but such increased interest rate shall not apply where such other options do not exist. “(B) The authorities referred to in subparagraph (A) are— “(i) clauses (2) and (3) of section 303(a), 7 USC 1923. “(ii) the provisions of section 304(a) relating to the financing of 7 USC 1924. outdoor recreational enterprises or the conversion of farming or ranching operations to recreational uses, “(iii) section 304(b), “(iv) the provisions of section 306(a)(1) relating to loans for 7 USC 1926. recreational developments and essential community facilities, “(v) section 306(a)(15), “(vi) clause (1) of section 310B(a), 7 USC 1932. “(vii) subsections (d) and (e) of section 310B, and “(viii) section 310D(a) as it relates to the making or insuring of 7 USC 1934. loans under clauses (2) and (3) of section 303(a). “(C) For purposes of this paragraph, the term ‘prime farmland’ “Prime farmland.” means prime farmlands and unique farmland as those terms are defined in sections 657.5 (a) and (b) of title 7, Code of Federal Regulations (1980).”. (b) Section 316(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)) is amended by— (1) inserting “(1)” after “(a)”; (2) inserting in the second sentence “and loans as provided in paragraphs (2) and (3)” after “except for guaranteed loans”; and (3) adding at the end thereof new paragraphs (2) and (3) as follows: “(2) The interest rate on any loan (other than a guaranteed loan) to a low-income, limited resource borrower under this subtitle shall be the interest rate otherwise applicable under this section reduced by 3 per centum per annum. “(3) The interest rate on any loan (other than a guaranteed loan) 7 USC 1942. Ante, p. 376. made or insured under clause (5) of section 312(a) for activities that involve the use of prime farmland as defined in section 307(a)(6)(C) shall be the interest rate otherwise applicable under this section increased by 2 per centum per annum.”. (c) The amendments made by this section shall apply to loans approved after September 30, 1981. Sec. 161. emergency loan amounts Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended by inserting “only to the extent and in such amounts as provided in advance in appropriation Acts” after “The Secretary shall make and insure loans under this subtitle”. Sec. 162. interest rates on emergency loans for actual loss (a) Section 324(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(b)(1)) is amended to read as follows: “(1) For loans or portions of loans up to the amount of the applicant’s actual loss caused by the disaster, as limited under subsection (a)(1) of this section, the interest shall be at rates prescribed by the Secretary, but (A) if the applicant is not able to obtain sufficient credit elsewhere, not in excess of 8 per centum per annum, and (B) if the applicant is able to obtain sufficient credit elsewhere, not in excess of the rate prevailing in the private market for similar loans, as determined by the Secretary; and”. (b) The amendments made by this section shall apply to loans made with respect to disasters occurring after September 30, 1981. Sec. 163. eligibility for assistance based on production loss Section 329 of the Consolidated Farm and Rural Development 7 USC 1970. Act is amended to read as follows: “Sec. 329. The Secretary shall make financial assistance under this subtitle available to any applicant seeking assistance based on production losses if the applicant shows that a single enterprise which constitutes a basic part of the applicant’s farming, ranching, or aquaculture operation has sustained at least a 30 per centum loss of normal per acre or per animal production, or such lesser per centum of loss as the Secretary may determine, as a result of the disaster based upon the average monthly price in effect for the previous year and the applicant otherwise meets the conditions of eligibility prescribed under this subtitle. Such loans shall be made available based upon 80 per centum, or such greater per centum as the Secretary may determine, of the total calculated actual production loss sustained by the applicant.”. Sec. 164. insured loan limits Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994) is amended by adding at the end thereof a new subsection (d) as follows: “(d) Notwithstanding any contrary provisions of subsection (b) of this section, for fiscal year 1982, loans are authorized to be insured, or made to be sold and insured, as follows: “(1) From the Agricultural Credit Insurance Fund— “(A) insured real estate loans for farm ownership purposes, $700,000,000, and “(B) insured operating loans, $1,325,000,000. Not less than 20 per centum of the insured loans authorized for farm ownership purposes and not less that 20 per centum of the insured loans authorized for farm operating purposes shall be for low-income, limited-resource applicants. “(2) From the Rural Development Insurance Fund— “(A) insured water and waste disposal loans, $300,000,000, and “(B) insured community facility loans, $130,000,000.”. PART 4— RURAL ELECTRIFICATION ADMINISTRATION PROGRAMS Sec. 165. rural electrification act amendments (a) Section 305(b) of the Rural Electrification Act of 1936 (7 U.S.C. 935(b)) is amended to read as follows: “(b) Insured loans made under this title shall bear interest at 5 per Insured loans, interest rates. centum per annum, except that the Administrator may make insured loans to electric or telephone borrowers at a lesser interest rate, but not less than 2 per centum per annum, if, in the Administrator’s sole discretion, the Administrator finds that the borrower— “(1) has experienced extreme financial hardship; or “(2) cannot, in accordance with generally accepted management and accounting principles and without charging rates to its customers or subscribers so high as to create a substantial disparity between such rates and the rates charged for similar service in the same or nearby areas by other suppliers, provide service consistent with the objectives of this Act.”. (b) Section 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) is amended by— (1) inserting immediately after the second sentence the following: “With respect to guarantees issued by the Administrator under this section, on the request of the borrower of any such loan so guaranteed, the loan shall be made by the Federal Financing Bank and at a rate of interest that is not more than the rate of interest applicable to other similar loans then being made or purchased by the Bank.”; and (2) striking our “a loan insured at the standard rate” in the fourth sentence and inserting in lieu thereof “an insured loan”. (c) Section 307 of the Rural Electrification Act of 1936 (7 U.S.C. 937) is amended by striking out “a loan insured at the standard rate” and inserting in lieu thereof “an insured loan”. (d) The amendments made by subsection (a) of this section shall 7 USC 935 note apply to loans the applications for which are received by the Rural Electrification Administration after July 24, 1981.
1981
Pub. L. 97–35 title I · 95 Stat. 357
1. Struck · 7 U.S.C. § 2014(d)
  Pub. L. 97–35, §§ 107(c), 2611, struck out “(2)” after “(f)” in cl. (2)
2. Struck · 7 U.S.C. § 2014(d)
  Pub. L. 97–35, §§ 107(c), 2611, struck out cl. (10) relating to increased home energy costs during fiscal year 1981
3. Redesignated · 7 U.S.C. § 2014(d)
  Pub. L. 97–35, §§ 107(c), 2611, redesignated cl. (11), relating to income specifically excluded from consideration by any other law, as cl. (10)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–35, §§ 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).
Enacted provision · exact public law
TITLE I— AGRICULTURE, FORESTRY, AND RELATED PROGRAMS Subtitle A— Food Stamp Program Reductions and Other Reductions in Authorization for Appropriations PART 1— FOOD STAMP PROGRAM REDUCTIONS Sec. 101. family unit requirement Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) inserting before the period at the end of the first sentence “; 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”; and (2) striking out “neither” in the second sentence and inserting “no” in lieu thereof. Sec. 102. boarders Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) striking out in clause (1) of the first sentence “or else pays compensation to the others for such meals,”; (2) striking out in clause (2) of the first sentence “or else live with others and pay compensation to the others for such meals”; and (3) adding before the period at the end of the second sentence “, or else live with others and pay compensation to the others for meals”. Sec. 103. adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended by striking out “and” before clause (6) and all that follows down through the end of clause (6), and inserting in lieu thereof the following: “(6) on April 1, 1982, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding December 31, (7) on July 1, 1983, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding March 31, (8) on October 1, 1984, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding June 30, and (9) on October 1, 1985, and each October 1, thereafter, 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”. Sec. 104. gross income eligibility standard (a) Section 5 of the Food Stamp Act of 1977 is amended by— (1) striking out everything before “adjusted annually” in the first sentence of subsection (c) and inserting the following: “(c) The income standards of eligibility shall be— “(1) for households containing a member who is sixty years of age or over or a member who receives supplemental security 42 USC 1381. 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 42 USC 301, 401, 1201, 1351, 1381. “(2) for all other households, 130 per centum, of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget”; and (2) inserting “for purposes of determining eligibility and benefit levels for households described in subsection (c)(1) and determining benefit levels only for all other households” after “household income” in the first sentence of subsection (e). (b) Section 8(a) of the Food Stamp Act of 1977 is amended by 7 USC 2017. inserting “(d) and (e)” after “section 5” in the first sentence. Sec. 105. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out in the first sentence everything that follows “the Secretary shall allow a standard deduction of” and inserting in lieu thereof the following: “$85 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction of $145, $120, $170, $50, and $75, respectively.”; (2) striking out the second sentence and inserting in lieu thereof the following: “Such standard deductions shall be adjusted (1) on July 1, 1983, to the nearest $5 increment to reflect changes in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, for items other than food and the homeownership component of shelter costs, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the fifteen months ending the preceding March 31, (2) on October 1, 1984, to the nearest $5 increment to reflect such changes for the fifteen months ending the preceding June 30, and (3) on October 1, 1985, and each October 1 thereafter, to the nearest $5 increment to reflect such changes for the twelve months ending the preceding June 30.”; and (3) striking out the proviso in clause (2) of the fourth sentence and inserting in lieu thereof the following: “Provided, 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, Puerto Rico, and the Virgin Islands of the United States, $200, $165, $140, $40, and $85, respectively, adjusted (i) on July 1, 1983, to the nearest $5 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 $5 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 $5 increment to reflect such changes for the twelve months ending the preceding June 30,”. Sec. 106. earned income deduction Section 5(e) of the Food Stamp Act of 1977 is amended by striking out “20 per centum” in the third sentence and inserting in lieu thereof “18 per centum”. Sec. 107. retrospective accounting (a) Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) (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. “(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. “(2) (A) Household income for migrant farmworker households shall be calculated on a propective basis, as provided in paragraph (3)(A). “(B) Household income for all other households shall be calculated either on a prospective basis as provided in paragraph (3)(A) or on a retrospective basis as provided in paragraph (3)(B), as elected by the State agency under regulations prescribed by the Secretary. “(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 42 USC 1305. purposes of this Act and the Social Security Act, the income of households receiving benefits under this Act and title IV-A of the 42 USC 601. Social Security Act is calculated on a comparable basis under the two Acts. The Secretary is authorized, upon the request of a State agency, to waive any of the provisions of this subsection to the extent necessary to permit the State agency to calculate income for purposes of this Act on the same basis that income is calculated under title IV-A of the Social Security Act in that State.”. (b) Effective October 1, 1983, paragraph (2)(B) of section 5(f) of the Food Stamp Act of 1977, as amended by subsection (a), is amended to 7 USC 2014. read as follows: “(B) Household income for all other households shall be calculated on a retrospective basis as provided in paragraph (3)(B).”. (c) Section 5(d) of the Food Stamp Act of 1977 is amended by striking out “5(f)(2)” and inserting “5(f)” in lieu thereof. Sec. 108. periodic reporting (a) Section 3(c) of the Food Stamp Act of 1977 is amended 7 USC 2012. by inserting before the period at the end of the second sentence “except that the limit of twelve months may be waived by the Secretary to improve the administration of the program”. (b) Section 6(c) of the Food Stamp Act of 1977 is amended by— 7 USC 2015. (1) inserting after “households” in the first sentence of paragraph (1) “, 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 section 6(d) of this Act to register for work, and all households required to file a similar report under title IV-A of the Social Security Act, but not 42 USC 601. including households that have no earned income and in which all members are sixty years of age or over or receive supplemental security income benefits under title XVI of the Social Security 42 USC 1381. Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act,”; 42 USC 301, 401, 1201, 1351, 1381. (2) striking out “5(f)(2)” in paragraph (1) and inserting “5(f)” in lieu thereof; and (3) inserting after paragraph (3) the following new paragraph: “(4) 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.”. (c) Effective October 1, 1983, section 6(c)(1) of the Food Stamp Act of 1977 is further amended by— 7 USC 2015. (1) striking out in the first sentence “that elect to use a system of retrospective accounting in accordance with section 5(f) of this Act”; and (2) striking out the second sentence. Sec. 109. eligibility of strikers (a) Section 6(d)(4) of the Food Stamp Act of 1977 is amended by— (1) inserting before the colon at the end of the first proviso the following: “, 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”; (2) inserting a period in lieu of the colon at the end of the second proviso; and (3) striking out the third proviso. (b) Section 6(i) of the Food Stamp Act of 1977 is repealed. Sec. 110. prorating first month benefits Section 8 of the Food Stamp Act of 1977 is amended by 7 USC 2017. adding at the end thereof the following new subsection: “(c) 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 “Initial month.” other initial period for which the allotment is issued. As used in this subsection, the term ‘initial month’ means (1) the first month for which an allotment is issued to a household, and (2) the first month for which an allotment is issued to a household following any period of more than thirty days which such household was not participating in the food stamp program under this Act after previous participation in such program.”. Sec. 111. outreach (a) Section 11(e)(1) of the Food Stamp Act of 1977 is amended by striking out clauses (A) and (B) and redesignating existing clause (C) as (B) and inserting the following new clause (A): “(A) not conduct food stamp outreach activities with funds provided under this Act;”. (b) Section 16(a) of that Act is amended by— (1) striking out clause (1); and (2) redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively. Sec. 112. disqualification penalties for fraud and misrepresentation Section 6(b) of the Food Stamp Act of 1977 is amended to read as follows: “(b) (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 Act, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing coupons or authorization cards shall, immediately upon the rendering of such determination, become ineligible for further participation in the program— “(i) for a period of six months upon the first occasion of any such determination; “(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. During the period of such ineligibility, no household shall receive increased benefits under this Act 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 appropri-ate jurisdiction, but in no event shall the period of ineligibility be subject to review. “(4) The Secretary shall prescribe such regulations as the Secretary Regulations. 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.”. Sec. 113. waiving and offsetting claims; improved recovery of overpayments (a) Section 13 of the Food Stamp Act of 1977 is amended 7 USC 2022. by— (1) inserting “(a)” immediately after the section designation; (2) inserting before the period at the end of the first sentence “, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this Act”; (3) adding the following new sentence at the end thereof: “The Secretary shall have the power to reduce amounts otherwise due to a State agency under section 16 of this Act to collect unpaid 7 USC 2025. claims assessed against the State agency if the State agency has declined or exhausted its appeal rights under section 14 of this Act.”; and 7 USC 2023. (4) adding the following new subsection at the end thereof: “(b) (1) In the case of any ineligibility determination under section 6(b) of this Act, the household of which such ineligible individual is a member is required to agree to a reduction in the allotment of the household of which such individual is a member, or payment in cash, in accordance with a schedule determined by the Secretary, that will be sufficient to reimburse the Federal Government for the value of any overissuance of coupons resulting from the activity that was the basis of the ineligibility determination. If a household refuses to make an election, or elects to make a payment in cash under the provisions of the preceding sentence and fails to do so, the household shall be subject to an allotment reduction. “(2) State agencies shall collect any claim against a household arising from the overissuance of coupons, other than claims the collection of which is provided for in paragraph (1) of this subsection and claims arising from an error of the State agency, by reducing the monthly allotments of the household. These collections shall be limited to 10 per centum of the monthly allotment (or $10 per month, whenever that would result in a faster collection rate).”. (b) The of section 13 of the Food Stamp Act of 1977 is 7 USC 2022. amended to read “collection and disposition of claims”. Sec. 114. states’ share of collected claims Section 16(a) of the Food Stamp Act of 1977 is amended 7 USC 2025. by— (1) striking out in the first sentence “through prosecutions” and all that follows down through the end of the sentence and inserting in lieu thereof “pursuant to section 13(B)(1) of this Act Supra. and 25 per centum of the value of all funds or allotments recovered or collected pursuant to section 13(b)(2) of this Act.”; Supra. and (2) striking out in the second sentence “fraud” and inserting in lieu thereof “ineligibility”. Sec. 115. repeal of increases in dependent care deductions for working adults and medical deductions for the elderly and disabled Sections 104 and 105 of the Food Stamp Act Amendments of 1980 (Public Law 96–249) are repealed. Sec. 116. puerto rico block grant (a) Effective July 1, 1982, the Food Stamp Act of 1977 is amended by— (1) striking out “Puerto Rico,” in section 3(m), clause (3) of 7 USC 2012, 2014. Ante, p. 359. section 3(o), section 5(b), wherever it appears in section 5(c), and wherever it appears in section 5(e); and striking out “$50,” and “$40,” in section 5(e); and (2) adding at the end thereof the following new section: “Sec. 19. “block grant (a) (1) (A) From the sums appropriated under this Act the Secretary shall, subject to the provisions of this subsection and subsection (b), pay to the Commonwealth of Puerto Rico not to exceed $825,000,000 for each fiscal year to finance 100 per centum of the expenditures for food assistance provided to needy persons, and 50 per centum of the administrative expenses related to the provision of such assistance. “(B) The payments to the Commonwealth for any fiscal year shall not exceed the expenditures by that jurisdiction during that year for the provision of the assistance the provision of which is included in the plan of the Commonwealth approved under subsection (b) and 50 per centum of the related administrative expenses. “(2) The Secretary shall, subject to the provisions of subsection (b), pay to the Commonwealth for the applicable fiscal year, at such times and in such manner as the Secretary may determine, the amount estimated by the Commonwealth pursuant to subsection (b)(1)(A)(iv), reduced or increased to the extent of any prior overpayment or current underpayment which the Secretary determines has been made under this section and with respect to which adjustment has not already been made under this subsection. “(b) (1) (A) In order to receive payments under this Act for any fiscal year, the Commonwealth shall have a plan for that fiscal year approved by the Secretary under this section. By July 1 of each year, if the Commonwealth wishes to receive payments, it shall submit a plan for the provision of the assistance described in subsection (a)(1)(A) for the following fiscal year which— “(i) designates a single agency which shall be responsible for the administration, or supervision of the administration, of the program for the provision of such assistance; “(ii) assesses the food and nutrition needs of needy persons residing in the Commonwealth; “(iii) describes the program for the provision of such assistance, including the assistance to be provided and the persons to whom such assistance will be provided, and any agencies designated to provide such assistance, which program must meet such requirements as the Secretary may by regulation prescribe for the purpose of assuring that assistance is provided to the most needy persons in the jurisdiction; “(iv) estimates the amount of expenditures necessary for the provision of the assistance described in the program and related administrative expenses, up to the amount provided for payment by subsection (a)(1)(A); and “(v) includes such other information as the Secretary may require. “(B) (i) The Secretary shall approve or disapprove any plan submitted pursuant to subparagraph (A) no later than August 1 of the year in which it is submitted. The Secretary shall approve any plan which complies with the requirements of subparagraph (A). If a plan is disapproved because it does not comply with any of the requirements of that paragraph the Secretary shall, except as provided in subparagraph (B)(ii), notify the appropriate agency in the Commonwealth that payments will not be made to it under subsection (a) for the fiscal year to which the plan applies until the Secretary is satisfied that there is no longer any such failure to comply, and until the Secretary is so satisfied, the Secretary will make no payments. “(ii) The Secretary may suspend the denial of payments under subparagraph (B)(i) for such period as the Secretary determines appropriate and instead withhold payments provided for under subsection (a), in whole or in part, for the fiscal year to which the plan applies, until the Secretary is satisfied that there is no longer any failure to comply with the requirements of subparagraph (A), at which time such withheld payments shall be paid. “(2) (A) The Commonwealth shall provide for a biennial audit of expenditures under its program for the provision of the assistance described in subsection (a)(1)(A), and within 120 days of the end of each fiscal year in which the audit is made, shall report to the Secretary the findings of such audit. “(B) Within 120 days of the end of the fiscal year, the Commonwealth shall provide the Secretary with a statement as to whether the payments received under subsection (a) for that fiscal year exceeded the expenditures by it during that year for which payment is authorized under this section, and if so, by how much, and such other information as the Secretary may require. “(C) (i) If the Secretary finds that there is a substantial failure by the Commonwealth to comply with any of the requirements of subparagraphs (A) and (B), or to comply with the requirements of subsection (b)(1)(A) in the administration of a plan approved under subsection (b)(1)(B), the Secretary shall, except as provided in subparagraph (C)(ii), notify the appropriate agency in the Commonwealth that further payments will not be made to it under subsection (a) until the Secretary is satisfied that there will no longer be any such failure to comply, and until the Secretary is so satisfied, the Secretary shall make no further payments. “(ii) The Secretary may suspend the termination of payments under subparagraph (C)(i) for such period as the Secretary determines appropriate, and instead withhold payments provided for under subsection (a), in whole or in part, until the Secretary is satisfied that there will no longer be any failure to comply with the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), at which time such withheld payments shall be paid. “(iii) Upon a finding under subparagraph (C)(i) of a substantial failure to comply with any of the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), the Secretary may, in addition to or in lieu of any action taken under subparagraphs (C)(i) and (C)(ii), refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance by the Commonwealth of Puerto Rico, and upon suit by the Attorney General in an appropriate district court of the United States and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(c) (1) The Secretary shall provide for the review of the programs for the provision of the assistance described in subsection (a)(1)(A) for which payments are made under this Act. “(2) The Secretary is authorized as the Secretary deems practicable to provide technical assistance with respect to the programs for the provision of the assistance described in subsection (a)(1)(A). “(d) Whoever knowingly and willfully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any funds, assets, or property provided or financed under this section shall be fuzed not more than $10,000 or imprisoned for not more than five years, or both, but if the value of the funds, assets or property involved is not over $200, the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both.”. (b) Notwithstanding the provisions of section 19 of the Food Stamp Act of 1977, as added by this section— (1) the amount payable to the Commonwealth of Puerto Rico under section 19 for fiscal year 1982 shall be $206,500,000, and the Secretary of Agriculture is authorized to grant such waivers of the requirements imposed by that section with respect to that fiscal year as the Secretary determines appropriate to carry out the purposes of that section; and (2) in order to receive the amounts payable under this subsection or section 19 for fiscal years 1982 and 1983, the Commonwealth shall submit, for the Secretary’s approval, the plan required by the provisions of subsection (b) of section 19 by April 1, 1982. Sec. 117. effective dates Except as otherwise specifically provided, the amendments made by sections 101 through 116 of this Act shall be effective and implemented upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation. PART 2— OTHER REDUCTIONS IN AUTHORIZATIONS FOR APPROPRIATIONS Sec. 120. agricultural and related programs Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the programs designated below not to exceed the sums shown for each of the fiscal years 1982, 1983, and 1984. Agricultural Stabilization and Conservation Service dairy and beekeeper indemnity programs For necessary expenses involved in making indemnity payments to dairy farmers under the Act of August 13, 1968 (7 U.S.C. 450j): $200,000 for fiscal year 1982, $200,000 for fiscal year 1983, and $200,000 for fiscal year 1984. Agricultural Marketing Service payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(3)): $1,571,000 for fiscal year 1982, $1,651,000 for fiscal year 1983, and $1,723,000 for fiscal year 1984. Farmers Home Administration rural community fire protection grants For grants pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (Public Law 95–313): $3,565,000 for fiscal year 1982, $3,821,000 for fiscal year 1983, and $4,038,000 for fiscal year 1984. rural development planning grants For rural development planning grants pursuant to section 306(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11)): $4,767,000 for fiscal year 1982, $4,959,000 for fiscal year 1983, and $5,155,000 for fiscal year 1984. rural development grants For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932): $5,007,000 for fiscal year 1982, $5,280,000 for fiscal year 1983, and $5,553,000 for fiscal year 1984. Soil Conservation Service For necessary expenses for carrying out the programs administered by the Soil Conservation Service: $588,875,000 for fiscal year 1982, $596,767,000 for fiscal year 1983, and $602,865,000 for fiscal year 1984. Agricultural Stabilization and Conservation Service agricultural conservation program For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g–590o, 590p(a), and 590q), and sections 1001–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1508, and 1510): $201,325,000 for fiscal year 1982, $209,647,000 for fiscal year 1983, and $218,216,000 for fiscal year 1984. forestry incentives program For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101): $15,090,000 for fiscal year 1982, $16,913,000 for fiscal year 1983, and $18,314,000 for fiscal year 1984. water bank program For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311): $10,876,000 for fiscal year 1982, $10,854,000 for fiscal year 1983, and $10,813,000 for fiscal year 1984. emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205): $10,069,000 for fiscal year 1982, $10,507,000 for fiscal year 1983, and $10,958,000 for fiscal year 1984. Sec. 121. water and waste grants Section 306(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 (a)(2)) is amended by striking out the period at the end of the first sentence and inserting in lieu thereof a colon and the following: “Provided, That for fiscal years commencing after September 30, 1981, such grants may not exceed $154,900,000 in any fiscal year.”. Sec. 122. forest service Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the necessary expenses of the Forest Service for carrying out the programs for Forest Research, State and Private Forestry, and National Forest System under the appropriations account for Forest Management, Protection, and Utilization, and the programs under the appropriations account for Construction and Land Acquisition: $1,575,552,000 for fiscal year 1981; $1,498,000,000 for fiscal year 1982; $1,560,000,000 for fiscal year 1983; and $1,620,000,000 for fiscal year 1984: Provided, That none of the funds authorized to be appropriated hereby may be used for carrying out the Bald Mountain road in the Siskiyou National Forest. Sec. 123. assistance to land-grant colleges There are authorized to be appropriated for the purpose of providing assistance to land-grant colleges under the Act of August 30, 1890 (commonly referred to as the “Second Morrill Act”) and the Act of March 4, 1907 (7 U.S.C. 322), not to exceed $2,800,000 for the fiscal year 1981; not to exceed $2,800,000 for the fiscal year 1982; not to exceed $2,800,000 for the fiscal year 1983; and not to exceed $2,800,000 for the fiscal year 1984. Sec. 124. public law 480 appropriation limits Notwithstanding any other provision of law, programs shall not be undertaken under title I (including title III) and title H of 7 USC 1701, 1721, 1427. the Agricultural Trade Development and Assistance Act of 1954 during any calendar year which call for an appropriation of more than $1,304,836,000 for the fiscal year 1982; $1,320,292,000 for the fiscal year 1983; and $1,402,278,000 for the fiscal year 1984. Part 3— Department of Agriculture Personnel Sec. 125. establishment of personnel ceiling Notwithstanding any other provision of law, the total full-time 7 USC 2201 note. equivalent staff year personnel ceiling for the United States Department of Agriculture shall not exceed one hundred and seventeen thousand staff years (including overtime) for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. Subtitle B— Reduction in Direct Spending Part 1— Commodity Credit Corporation Programs Sec. 150. milk price support Effective October 1, 1981, section 201 of the Agricultural Act of 1949 is amended by— 7 USC 1446. (1) striking out the second sentence of subsection (c) and inserting in lieu thereof the following: “Notwithstanding the foregoing, effective for the period beginning October 1, 1981, and ending September 30, 1985, the price of milk for the marketing year beginning on October 1 of each year shall be supported at a level determined according to the following procedure: The Net Government purchases, estimate. Secretary shall estimate Government price support purchases net of sales for unrestricted use for the marketing year using the amount of such purchases made during the most recent six-month period adjusted to an annual level on the basis of the most recent ten year experience. The Secretary shall adjust this Adjustment. estimate of net Government purchases to reflect the effect of current and expected availability of feed, feed prices, milk-feed price ratio, utility cow prices, dairy cow numbers and dairy heifer replacement stocks on milk production during the marketing year. After making this final estimate, the Secretary shall support the price of milk at not less than the level indicated by the following schedule, nor more than 90 per centum of the parity price therefor: “Price as percent of parity The higher of anticipated annual rate of net Government purchases Nonfat dry milk (million pounds) Milk equivalent (butterfat basal) of butter and cheese (billion pounds) 75 more than 500 5.5 or more. 76 450–499.9 5.0–5.499. 77 400–449.9 4.5–4.999. 78 350–399.9 4.0–4.499. 79 300–349.9 3.5–3.999. 80 250–299.9 3.0–8.499. 81 200–249.9 2.5–2.999. 82 150–199.9 2.0–2.499. 83 100–149.9 1.5–1.999. 84 50–99.9 1.0–1.499. 85 less than 50 less than 1.0. In no event shall the support price be less than the dollar amount of the support price then currently in effect for milk: Provided, That if the Secretary determines that the inventory of dairy products, at the end of the marketing year, exceeds five hundred million pounds of nonfat dry milk or five and one-half billion pounds milk equivalent of butter and cheese, the support price for the next marketing year shall be established at the minimum level indicated by this schedule based upon estimated Government price support purchases net of sales for unrestricted use for Notification to congressional committees. such year. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and reasons therefor thirty days prior to the effective date of the new support level. Notwithstanding the foregoing, if during any marketing year dairy product imports into the United States are incrased as the result of an expansion of imports or termination of import restraints established pursuant 7 USC 624. to section 22 of the Agricultural Adjustment Act, the support price shall be redetermined by reducing the final estimate of net Government purchases by the milk equivalent (butterfat basis) of products or nonfat dry milk or its equivalent of other products derived from such increased imports. The increased support price so determined shall become effective simultaneously with the announcement of the expansion of dairy product imports. A similar reduction in the net Government purchases for the marketing year in which the imports are entered into the United States shall be made when determining the support price level for subsequent years.”; and (2) inserting a new subsection (d) as follows: “(d) Effective for the period beginning October 1, 1982, and ending on September 30, 1985, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period to reflect any estimated change in the parity index during said semiannual period. If a review of net Government purchases as provided for in subsection (c) indicates that purchases during the most recent six-month period are being made at an annual rate exceeding five and one-half billion pounds milk equivalent (butterfat basis), or five hundred million pounds of nonfat dry milk, the support price of milk need not be adjusted unless such adjustment is necessary to prevent a support price at less than 75 per centum of parity as determined at Notification to congressional committees. the beginning of the semiannual period. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and the reasons therefor thirty days prior to the effective date of such semiannual adjustment.”. Sec. 151. farm storage facility loans Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) is amended by striking out from the fourth proviso of the second sentence “shall make loans” and inserting in lieu thereof “may make loans”. Sec. 152. reduction in ccc administrative expense limitation Not to exceed $52,000,000 shall be available for the fiscal year ending September 30, 1982, for administrative expenses of the Commodity Credit Corporation, within the limits of funds and bor-rowing authority available to the Corporation as may be necessary in carrying out the programs set forth in the budget for the Corporation. PART 2— COMMODITY INSPECTION FEES Sec. 155. grain inspection and weighing Effective for the period October 1, 1981, through September 7 USC 79 note. 7 USC 71. 30, 1984, inclusive, the United States Grain Standards Act is 7 USC 71. amended by— (1) amending section 7(j) (7 U.S.C. 79(j)) to read as follows: “(j) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service relating to supervision of official agency personnel arid supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 14 of this Act. The fees shall be 7 USC 85, 86, 87c. payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty Overdue fee. days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. The interest rate on overdue Interest rate. fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.”; (2) amending section 7A(l) (7 U.S.C. 79a(1)) to read as follows: “(l) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the service incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service relating to supervision of the agency personnel and supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs 7 USC 79, 85, 86 87c. incurred under sections 7(g)(3), 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in Overdue fees. section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of Interest rate. such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.”; (3) adding a new section 7C as follows: “Sec. 7C. “limitation on administrative and surpervisory costs The total administrative and supervisory costs which may be incurred under this Act for inspection and weighing (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1982 through 1984 shall not exceed 35 per centum of the total costs for such activities carried out by the Service for such year.”; (4) amending section 19 (7 U.S.C. 87h) to read as follows: “Sec. 19. “appropriations There are hereby authorized to be appropriated such sums as are necessary for standardization and compliance activities, monitoring in foreign ports grain officially inspected and weighed under this Act, and any other expenses necessary to out the provisions of this Act for each of the fiscal years during the period beginning October 1, 1981, and ending September 30, 1984, to the extent that financing is not obtained from fees and sales of samples as 7 USC 79, 79a, 87f–1. provided for in sections 7, 7A, and 17A of this Act.”; and (5) adding a new section 20 as follows: “Sec. 20. “advisory committee (a) In order to assure the normal movement of grain in an orderly and timely manner, the Secretary shall establish an advisory committee to provide advice to the Administrator with respect to the efficient and economical implementation of the United States Grain 7 USC 71 note. Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory commit-tee shall be appointed not later than thirty days after the date of enactment of this section. “(b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. 5 USC app. “(c) The Administrator shall provide the advisory committee with necessary clerical assistance and staff personnel. “(d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this Act, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.”. Sec. 156. cotton classing and related services (a) Section 5 of the United States Cotton Standards Act (7 U.S.C. 55) is amended to read as follows: “Sec. 5. (a) The Secretary of Agriculture shall cause to be collected Fees and charges. such fees and charges for licenses issued to classifiers of cotton under section 3 of this Act, for determinations made under section 4 of this 7 USC 53, 54. Act, and for the establishment of standards and sale of copies of standards under section 6 of this Act, as will cover, as nearly as 7 USC 56, 57, 57a. practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative and supervisory costs. Such fees and charges shall be credited to the current appropriation account that incurs the cost and shall remain available until expended to pay the expenses of the Secretary incident to providing services and standards under this Act and the United States Cotton Futures Act (7 U.S.C. 15b). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this Act shall become the property of the United States and may be sold with the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(b) The price established by the Secretary of Agriculture under the foregoing provisions of this section for practical forms representing the official cotton standards of the United States shall cover, as nearly as practicable, the estimated actual cost to the Department of Agriculture for developing and preparing such practical forms.”. (b) Effective only for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as follows: “Sec. 3a. Effective for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, the Secretary of Agriculture shall make cotton classification services available to producers of cotton. The Secretary shall further provide for appropriate agencies of the Department of Agriculture to collect directly from participating producers reasonable fees which, together with the proceeds of sales of samples submitted under this section, shall cover as nearly as practicable the cost of the services provided under this section, including administrative and supervisory costs: Provided, That the Secretary’s net cost estimate (after taking into account the proceeds from the sale of samples) used to calculate the uniform per-bale fee to be collected from producers for such classification services shall not exceed $12,000,000 in the fiscal year ending September 30, 1982, $12,400,000 in the fiscal year ending September 30, 1983, and $13,000,000 in the fiscal year ending September 30, 1984. All samples of cotton submitted for classification under this section shall become the property of the United States, and shall be sold: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Fees collected under this section and under section 3d of this Act and proceeds from sales of samples shall be credited to the current appropriation account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing classification services under this section. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account, such interest so earned shall be credited to the account for Appropriation authorization. use by the Secretary in providing such services. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section to the extent that financing is not available from fees and the proceeds from the sale of samples.”. (c) Subsection (f)(1)(G) of the United States Cotton Futures Act (7 U.S.C. 15b(f)(1)(G)) is amended by striking out “in such regulations.” and inserting in lieu thereof “in such regulations and shall be credited to the account referred to in section 5 of the United States Ante, p. 373. Cotton Standards Act (7 U.S.C. 55). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this act shall become the property of the United States and may be sold and the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).”. (d) The Secretary of Agriculture shall hold annual meetings with representatives of the cotton industry to review (1) activities and operations under the Cotton Standards Act, and the Cotton Statistics and Estimates Act, (2) activities and operations relating to cotton under the United States Warehouse Act, and (3) the effect of such activities and operations on prices received by producers and sales to domestic and foreign users, for the purpose of improving procedures for financing and administering such activities and operations for the benefit of the industry and the Government. Notwithstanding any other provision of law, the Secretary shall take such action as may be necessary to insure that the universal cotton standards system and the licensing and inspection procedures for cotton warehouses are preserved and that the Government cotton classification system continues to operate so that the United States cotton crop is provided an official quality description. (e) The provisions of this section shall become effective October 1, 1981. Sec. 157. tobacco inspection and related services (a) The Tobacco Inspection Act is amended by— (1) in section 5 (7 U.S.C. 511d), striking out the last two sentences and inserting in lieu thereof the following: “The Secretary shall by regulation fix and collect fees and charges for inspection and certification, the establishment of standards, and other services under this section at designated auction markets. The fees and charges authorized by this section shall, as nearly as practicable, cover the costs of the services, including the administrative and supervisory costs customarily included by the Secretary in user fee calculations. The fees and charges, when collected, shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. Such fees and charges shall be assessed against the warehouse operator, irrespective of ownership or interest in the tobacco, and shall be collected by the warehouse operator from the sellers of the tobacco. The inspection and related services under this section shall be suspended or denied if the warehouse operator fails to collect or otherwise pay the fees and charges imposed under this section. Tobacco inspection or certification services provided to designated auction markets shall take precedence over such services, other than reinspection, requested under the authority contained in section 6 of this Act or any other provision of law. In accordance with the Federal Advisory Committee Act, the Secretary shall establish a 5 USC app. national advisory committee of tobacco producers, and advisory subcommittees for each major kind of tobacco, to advise the Secretary with regard to the level of inspection and related services and the fees and charges therefor. The advisory committee and subcommittees established under this section shall be of permanent duration. The committees shall meet at the call of the Secretary.”; and (2) in section 6 (7 U.S.C. 511e), amending the first sentence of the second paragraph as follows: “The Secretary shall fix and collect such fees or charges in the administration of this section as will cover, as nearly as practicable, the costs of the services provided, including administrative and supervisory costs. Such fees and charges shall be credited to the account referred to in section 5 of this Act.”. 5 USC 511d. (b) The provisions of this section shall become effective October 1, Effective date. 7 USC 511d note. 1981. Sec. 158. warehouse examination, inspection, and licensing (a) The United States Warehouse Act is amended by— (1) amending section 10 (7 U.S.C. 251) to read as follows: “Sec. 10. The Secretary of Agriculture, or the Secretary’s designated Fees, collection. representative, shall charge, assess, and cause to be collected a reasonable fee for (1) each examination or inspection of a warehouse (including the physical facilities and records thereof and the agricultural products therein) under this Act; (2) each license issued to any person to classify, inspect, grade, sample, or weigh agricultural products stored or to be stored under provisions of this Act; (3) each annual warehouse license issued to a warehouseman to conduct a warehouse under this Act; and (4) each warehouse license amended, modified, extended, or reinstated under this Act. Such fees shall cover, as nearly as practicable, the costs of providing such services and licenses, including administrative and supervisory costs: Provided, That the amount of such fees collected for cotton warehouse inspections shall not exceed $400,000 in the fiscal year ending September 30, 1982, $415,000 in the fiscal year ending September 30, 1983, and $430,000 in the fiscal year ending September 30, 1984. All fees collected shall be credited to the current appropriation account that incurs the costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account such interest shall be credited to the account for use by the Secretary in providing such services.”; and (2) amending section 31 (7 U.S.C. 271) to read as follows: “Sec. 31. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act other than those services for which fees are authorized pursuant to section 10. Such appropriated funds may be used by the Secretary to employ qualified persons not regularly in the service of the United States for temporary assistance in carrying out the provisions of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. Sec. 159. naval stores inspection and related services (a) The Naval Stores Act is amended by— (1) in the second sentence of section 4 (7 U.S.C. 94) striking out “on tender of the cost thereof as required by him,”; and (2) amending section 8 (7 U.S.C. 98) to read as follows: “Sec. 8. (a) The Secretary of Agriculture shall fix and cause to be collected fees and charges for the establishment of standards under section 3 of this Act and for examinations, analyses, classifications, and other services under section 4 of this Act which shall cover, as nearly as practicable, the costs of providing such services and standards as the Secretary shall deem necessary, including administrative and supervisory costs. Such fees and charges, when collected, shall be credited to the current appropriation account that incurs such costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing such services and standards under this Act. Fees and charges shall be assessed and collected from processors and warehousers of naval stores, and inspection and related services shall be suspended or denied to any such processor or warehouser upon failure to timely pay the fees and charges assessed. “(b) There are hereby authorized to be appropriated such sums as may be necessary for the enforcement and administration of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. PART 3— FARMERS HOME ADMINISTRATION PROGRAMS Sec. 160. interest rates on farmers home administration water and waste disposal and community facility loans, loans to low-income limited resource borrowers, and loans for nonfarm facilities on prime farmlands (a) Section 307(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)) is amended by— (1) in paragraph (2), striking out “and (5)” and inserting in lieu thereof “(5), and (6)”; (2) in paragraph (4), striking out “The” and inserting in lieu thereof “Except as provided in paragraph (6), the”; (3) amending paragraph (3) to read as follows: “(3) (A) Except as provided in paragraph (6), the interest rates on loans (other than guranteed loans), to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations arid other federally recognized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be set by the Secretary at rates not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for such loans, and adjusted to the nearest one-eighth of 1 per centum; and not in excess of 5 per centum per annum for any such loans which are for the upgrading of existing facilities or construction of new facilities as required to meet applicable health or sanitary standards in areas where the median family income of the persons to be served by such facility is below the poverty line prescribed by the Office of Management and Budget as adjusted under section 624 of the Economic Opportunity Act of 1964 (42 U.S.C 2971d) and in other areas as the Secretary may designate where a significant percentage of the persons to be served by such facilities are of low income, as determined by the Secretary. “(B) Except as provided in paragraph (6), the interest rates on loans 7 USC 1934. (other than guaranteed loans) under section 310D of this title shall be as determined by the Secretary, but not in excess of one-half of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, nor less than 5 per centum per annum.”; and (4) adding at the end thereof a new paragraph (6) as follows: “(6) (A) Notwithstanding any other provision of this section, in the case of loans (other than guaranteed loans) made or insured under the authorities of this Act specified in subparagraph (B) for activities that involve the use of prime farmland as defined in subparagraph (C), the interest rates shall be the interest rates otherwise applicable under this section increased by 2 per centum per annum. Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in the preceding sentence shall be placed on land that is not prime farmland, in order to preserve the maximum practicable amount of prime farmlands for production of food and fiber. Where other options exist for the siting of such construction and where the governmental authority still desires to carry out such construction on prime farmland, the 2 per centum interest rate increase provided by this clause shall apply, but such increased interest rate shall not apply where such other options do not exist. “(B) The authorities referred to in subparagraph (A) are— “(i) clauses (2) and (3) of section 303(a), 7 USC 1923. “(ii) the provisions of section 304(a) relating to the financing of 7 USC 1924. outdoor recreational enterprises or the conversion of farming or ranching operations to recreational uses, “(iii) section 304(b), “(iv) the provisions of section 306(a)(1) relating to loans for 7 USC 1926. recreational developments and essential community facilities, “(v) section 306(a)(15), “(vi) clause (1) of section 310B(a), 7 USC 1932. “(vii) subsections (d) and (e) of section 310B, and “(viii) section 310D(a) as it relates to the making or insuring of 7 USC 1934. loans under clauses (2) and (3) of section 303(a). “(C) For purposes of this paragraph, the term ‘prime farmland’ “Prime farmland.” means prime farmlands and unique farmland as those terms are defined in sections 657.5 (a) and (b) of title 7, Code of Federal Regulations (1980).”. (b) Section 316(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)) is amended by— (1) inserting “(1)” after “(a)”; (2) inserting in the second sentence “and loans as provided in paragraphs (2) and (3)” after “except for guaranteed loans”; and (3) adding at the end thereof new paragraphs (2) and (3) as follows: “(2) The interest rate on any loan (other than a guaranteed loan) to a low-income, limited resource borrower under this subtitle shall be the interest rate otherwise applicable under this section reduced by 3 per centum per annum. “(3) The interest rate on any loan (other than a guaranteed loan) 7 USC 1942. Ante, p. 376. made or insured under clause (5) of section 312(a) for activities that involve the use of prime farmland as defined in section 307(a)(6)(C) shall be the interest rate otherwise applicable under this section increased by 2 per centum per annum.”. (c) The amendments made by this section shall apply to loans approved after September 30, 1981. Sec. 161. emergency loan amounts Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended by inserting “only to the extent and in such amounts as provided in advance in appropriation Acts” after “The Secretary shall make and insure loans under this subtitle”. Sec. 162. interest rates on emergency loans for actual loss (a) Section 324(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(b)(1)) is amended to read as follows: “(1) For loans or portions of loans up to the amount of the applicant’s actual loss caused by the disaster, as limited under subsection (a)(1) of this section, the interest shall be at rates prescribed by the Secretary, but (A) if the applicant is not able to obtain sufficient credit elsewhere, not in excess of 8 per centum per annum, and (B) if the applicant is able to obtain sufficient credit elsewhere, not in excess of the rate prevailing in the private market for similar loans, as determined by the Secretary; and”. (b) The amendments made by this section shall apply to loans made with respect to disasters occurring after September 30, 1981. Sec. 163. eligibility for assistance based on production loss Section 329 of the Consolidated Farm and Rural Development 7 USC 1970. Act is amended to read as follows: “Sec. 329. The Secretary shall make financial assistance under this subtitle available to any applicant seeking assistance based on production losses if the applicant shows that a single enterprise which constitutes a basic part of the applicant’s farming, ranching, or aquaculture operation has sustained at least a 30 per centum loss of normal per acre or per animal production, or such lesser per centum of loss as the Secretary may determine, as a result of the disaster based upon the average monthly price in effect for the previous year and the applicant otherwise meets the conditions of eligibility prescribed under this subtitle. Such loans shall be made available based upon 80 per centum, or such greater per centum as the Secretary may determine, of the total calculated actual production loss sustained by the applicant.”. Sec. 164. insured loan limits Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994) is amended by adding at the end thereof a new subsection (d) as follows: “(d) Notwithstanding any contrary provisions of subsection (b) of this section, for fiscal year 1982, loans are authorized to be insured, or made to be sold and insured, as follows: “(1) From the Agricultural Credit Insurance Fund— “(A) insured real estate loans for farm ownership purposes, $700,000,000, and “(B) insured operating loans, $1,325,000,000. Not less than 20 per centum of the insured loans authorized for farm ownership purposes and not less that 20 per centum of the insured loans authorized for farm operating purposes shall be for low-income, limited-resource applicants. “(2) From the Rural Development Insurance Fund— “(A) insured water and waste disposal loans, $300,000,000, and “(B) insured community facility loans, $130,000,000.”. PART 4— RURAL ELECTRIFICATION ADMINISTRATION PROGRAMS Sec. 165. rural electrification act amendments (a) Section 305(b) of the Rural Electrification Act of 1936 (7 U.S.C. 935(b)) is amended to read as follows: “(b) Insured loans made under this title shall bear interest at 5 per Insured loans, interest rates. centum per annum, except that the Administrator may make insured loans to electric or telephone borrowers at a lesser interest rate, but not less than 2 per centum per annum, if, in the Administrator’s sole discretion, the Administrator finds that the borrower— “(1) has experienced extreme financial hardship; or “(2) cannot, in accordance with generally accepted management and accounting principles and without charging rates to its customers or subscribers so high as to create a substantial disparity between such rates and the rates charged for similar service in the same or nearby areas by other suppliers, provide service consistent with the objectives of this Act.”. (b) Section 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) is amended by— (1) inserting immediately after the second sentence the following: “With respect to guarantees issued by the Administrator under this section, on the request of the borrower of any such loan so guaranteed, the loan shall be made by the Federal Financing Bank and at a rate of interest that is not more than the rate of interest applicable to other similar loans then being made or purchased by the Bank.”; and (2) striking our “a loan insured at the standard rate” in the fourth sentence and inserting in lieu thereof “an insured loan”. (c) Section 307 of the Rural Electrification Act of 1936 (7 U.S.C. 937) is amended by striking out “a loan insured at the standard rate” and inserting in lieu thereof “an insured loan”. (d) The amendments made by subsection (a) of this section shall 7 USC 935 note apply to loans the applications for which are received by the Rural Electrification Administration after July 24, 1981.
1981
Pub. L. 97–35 title I · 95 Stat. 357
Changed · 7 U.S.C. § 2014(e)
Pub. L. 97–35, §§ 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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–35, §§ 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.
Enacted provision · exact public law
TITLE I— AGRICULTURE, FORESTRY, AND RELATED PROGRAMS Subtitle A— Food Stamp Program Reductions and Other Reductions in Authorization for Appropriations PART 1— FOOD STAMP PROGRAM REDUCTIONS Sec. 101. family unit requirement Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) inserting before the period at the end of the first sentence “; 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”; and (2) striking out “neither” in the second sentence and inserting “no” in lieu thereof. Sec. 102. boarders Section 3(1) of the Food Stamp Act of 1977 is amended by— (1) striking out in clause (1) of the first sentence “or else pays compensation to the others for such meals,”; (2) striking out in clause (2) of the first sentence “or else live with others and pay compensation to the others for such meals”; and (3) adding before the period at the end of the second sentence “, or else live with others and pay compensation to the others for meals”. Sec. 103. adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended by striking out “and” before clause (6) and all that follows down through the end of clause (6), and inserting in lieu thereof the following: “(6) on April 1, 1982, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding December 31, (7) on July 1, 1983, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding March 31, (8) on October 1, 1984, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the fifteen months ending the preceding June 30, and (9) on October 1, 1985, and each October 1, thereafter, 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”. Sec. 104. gross income eligibility standard (a) Section 5 of the Food Stamp Act of 1977 is amended by— (1) striking out everything before “adjusted annually” in the first sentence of subsection (c) and inserting the following: “(c) The income standards of eligibility shall be— “(1) for households containing a member who is sixty years of age or over or a member who receives supplemental security 42 USC 1381. 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 42 USC 301, 401, 1201, 1351, 1381. “(2) for all other households, 130 per centum, of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget”; and (2) inserting “for purposes of determining eligibility and benefit levels for households described in subsection (c)(1) and determining benefit levels only for all other households” after “household income” in the first sentence of subsection (e). (b) Section 8(a) of the Food Stamp Act of 1977 is amended by 7 USC 2017. inserting “(d) and (e)” after “section 5” in the first sentence. Sec. 105. adjustments of deductions Section 5(e) of the Food Stamp Act of 1977 is amended 7 USC 2014. by— (1) striking out in the first sentence everything that follows “the Secretary shall allow a standard deduction of” and inserting in lieu thereof the following: “$85 a month for each household, except that households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin Islands of the United States shall be allowed a standard deduction of $145, $120, $170, $50, and $75, respectively.”; (2) striking out the second sentence and inserting in lieu thereof the following: “Such standard deductions shall be adjusted (1) on July 1, 1983, to the nearest $5 increment to reflect changes in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, for items other than food and the homeownership component of shelter costs, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the fifteen months ending the preceding March 31, (2) on October 1, 1984, to the nearest $5 increment to reflect such changes for the fifteen months ending the preceding June 30, and (3) on October 1, 1985, and each October 1 thereafter, to the nearest $5 increment to reflect such changes for the twelve months ending the preceding June 30.”; and (3) striking out the proviso in clause (2) of the fourth sentence and inserting in lieu thereof the following: “Provided, 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, Puerto Rico, and the Virgin Islands of the United States, $200, $165, $140, $40, and $85, respectively, adjusted (i) on July 1, 1983, to the nearest $5 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 $5 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 $5 increment to reflect such changes for the twelve months ending the preceding June 30,”. Sec. 106. earned income deduction Section 5(e) of the Food Stamp Act of 1977 is amended by striking out “20 per centum” in the third sentence and inserting in lieu thereof “18 per centum”. Sec. 107. retrospective accounting (a) Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) (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. “(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. “(2) (A) Household income for migrant farmworker households shall be calculated on a propective basis, as provided in paragraph (3)(A). “(B) Household income for all other households shall be calculated either on a prospective basis as provided in paragraph (3)(A) or on a retrospective basis as provided in paragraph (3)(B), as elected by the State agency under regulations prescribed by the Secretary. “(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 42 USC 1305. purposes of this Act and the Social Security Act, the income of households receiving benefits under this Act and title IV-A of the 42 USC 601. Social Security Act is calculated on a comparable basis under the two Acts. The Secretary is authorized, upon the request of a State agency, to waive any of the provisions of this subsection to the extent necessary to permit the State agency to calculate income for purposes of this Act on the same basis that income is calculated under title IV-A of the Social Security Act in that State.”. (b) Effective October 1, 1983, paragraph (2)(B) of section 5(f) of the Food Stamp Act of 1977, as amended by subsection (a), is amended to 7 USC 2014. read as follows: “(B) Household income for all other households shall be calculated on a retrospective basis as provided in paragraph (3)(B).”. (c) Section 5(d) of the Food Stamp Act of 1977 is amended by striking out “5(f)(2)” and inserting “5(f)” in lieu thereof. Sec. 108. periodic reporting (a) Section 3(c) of the Food Stamp Act of 1977 is amended 7 USC 2012. by inserting before the period at the end of the second sentence “except that the limit of twelve months may be waived by the Secretary to improve the administration of the program”. (b) Section 6(c) of the Food Stamp Act of 1977 is amended by— 7 USC 2015. (1) inserting after “households” in the first sentence of paragraph (1) “, 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 section 6(d) of this Act to register for work, and all households required to file a similar report under title IV-A of the Social Security Act, but not 42 USC 601. including households that have no earned income and in which all members are sixty years of age or over or receive supplemental security income benefits under title XVI of the Social Security 42 USC 1381. Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act,”; 42 USC 301, 401, 1201, 1351, 1381. (2) striking out “5(f)(2)” in paragraph (1) and inserting “5(f)” in lieu thereof; and (3) inserting after paragraph (3) the following new paragraph: “(4) 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.”. (c) Effective October 1, 1983, section 6(c)(1) of the Food Stamp Act of 1977 is further amended by— 7 USC 2015. (1) striking out in the first sentence “that elect to use a system of retrospective accounting in accordance with section 5(f) of this Act”; and (2) striking out the second sentence. Sec. 109. eligibility of strikers (a) Section 6(d)(4) of the Food Stamp Act of 1977 is amended by— (1) inserting before the colon at the end of the first proviso the following: “, 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”; (2) inserting a period in lieu of the colon at the end of the second proviso; and (3) striking out the third proviso. (b) Section 6(i) of the Food Stamp Act of 1977 is repealed. Sec. 110. prorating first month benefits Section 8 of the Food Stamp Act of 1977 is amended by 7 USC 2017. adding at the end thereof the following new subsection: “(c) 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 “Initial month.” other initial period for which the allotment is issued. As used in this subsection, the term ‘initial month’ means (1) the first month for which an allotment is issued to a household, and (2) the first month for which an allotment is issued to a household following any period of more than thirty days which such household was not participating in the food stamp program under this Act after previous participation in such program.”. Sec. 111. outreach (a) Section 11(e)(1) of the Food Stamp Act of 1977 is amended by striking out clauses (A) and (B) and redesignating existing clause (C) as (B) and inserting the following new clause (A): “(A) not conduct food stamp outreach activities with funds provided under this Act;”. (b) Section 16(a) of that Act is amended by— (1) striking out clause (1); and (2) redesignating clauses (2), (3), (4), and (5) as clauses (1), (2), (3), and (4), respectively. Sec. 112. disqualification penalties for fraud and misrepresentation Section 6(b) of the Food Stamp Act of 1977 is amended to read as follows: “(b) (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 Act, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing coupons or authorization cards shall, immediately upon the rendering of such determination, become ineligible for further participation in the program— “(i) for a period of six months upon the first occasion of any such determination; “(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. During the period of such ineligibility, no household shall receive increased benefits under this Act 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 appropri-ate jurisdiction, but in no event shall the period of ineligibility be subject to review. “(4) The Secretary shall prescribe such regulations as the Secretary Regulations. 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.”. Sec. 113. waiving and offsetting claims; improved recovery of overpayments (a) Section 13 of the Food Stamp Act of 1977 is amended 7 USC 2022. by— (1) inserting “(a)” immediately after the section designation; (2) inserting before the period at the end of the first sentence “, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this Act”; (3) adding the following new sentence at the end thereof: “The Secretary shall have the power to reduce amounts otherwise due to a State agency under section 16 of this Act to collect unpaid 7 USC 2025. claims assessed against the State agency if the State agency has declined or exhausted its appeal rights under section 14 of this Act.”; and 7 USC 2023. (4) adding the following new subsection at the end thereof: “(b) (1) In the case of any ineligibility determination under section 6(b) of this Act, the household of which such ineligible individual is a member is required to agree to a reduction in the allotment of the household of which such individual is a member, or payment in cash, in accordance with a schedule determined by the Secretary, that will be sufficient to reimburse the Federal Government for the value of any overissuance of coupons resulting from the activity that was the basis of the ineligibility determination. If a household refuses to make an election, or elects to make a payment in cash under the provisions of the preceding sentence and fails to do so, the household shall be subject to an allotment reduction. “(2) State agencies shall collect any claim against a household arising from the overissuance of coupons, other than claims the collection of which is provided for in paragraph (1) of this subsection and claims arising from an error of the State agency, by reducing the monthly allotments of the household. These collections shall be limited to 10 per centum of the monthly allotment (or $10 per month, whenever that would result in a faster collection rate).”. (b) The of section 13 of the Food Stamp Act of 1977 is 7 USC 2022. amended to read “collection and disposition of claims”. Sec. 114. states’ share of collected claims Section 16(a) of the Food Stamp Act of 1977 is amended 7 USC 2025. by— (1) striking out in the first sentence “through prosecutions” and all that follows down through the end of the sentence and inserting in lieu thereof “pursuant to section 13(B)(1) of this Act Supra. and 25 per centum of the value of all funds or allotments recovered or collected pursuant to section 13(b)(2) of this Act.”; Supra. and (2) striking out in the second sentence “fraud” and inserting in lieu thereof “ineligibility”. Sec. 115. repeal of increases in dependent care deductions for working adults and medical deductions for the elderly and disabled Sections 104 and 105 of the Food Stamp Act Amendments of 1980 (Public Law 96–249) are repealed. Sec. 116. puerto rico block grant (a) Effective July 1, 1982, the Food Stamp Act of 1977 is amended by— (1) striking out “Puerto Rico,” in section 3(m), clause (3) of 7 USC 2012, 2014. Ante, p. 359. section 3(o), section 5(b), wherever it appears in section 5(c), and wherever it appears in section 5(e); and striking out “$50,” and “$40,” in section 5(e); and (2) adding at the end thereof the following new section: “Sec. 19. “block grant (a) (1) (A) From the sums appropriated under this Act the Secretary shall, subject to the provisions of this subsection and subsection (b), pay to the Commonwealth of Puerto Rico not to exceed $825,000,000 for each fiscal year to finance 100 per centum of the expenditures for food assistance provided to needy persons, and 50 per centum of the administrative expenses related to the provision of such assistance. “(B) The payments to the Commonwealth for any fiscal year shall not exceed the expenditures by that jurisdiction during that year for the provision of the assistance the provision of which is included in the plan of the Commonwealth approved under subsection (b) and 50 per centum of the related administrative expenses. “(2) The Secretary shall, subject to the provisions of subsection (b), pay to the Commonwealth for the applicable fiscal year, at such times and in such manner as the Secretary may determine, the amount estimated by the Commonwealth pursuant to subsection (b)(1)(A)(iv), reduced or increased to the extent of any prior overpayment or current underpayment which the Secretary determines has been made under this section and with respect to which adjustment has not already been made under this subsection. “(b) (1) (A) In order to receive payments under this Act for any fiscal year, the Commonwealth shall have a plan for that fiscal year approved by the Secretary under this section. By July 1 of each year, if the Commonwealth wishes to receive payments, it shall submit a plan for the provision of the assistance described in subsection (a)(1)(A) for the following fiscal year which— “(i) designates a single agency which shall be responsible for the administration, or supervision of the administration, of the program for the provision of such assistance; “(ii) assesses the food and nutrition needs of needy persons residing in the Commonwealth; “(iii) describes the program for the provision of such assistance, including the assistance to be provided and the persons to whom such assistance will be provided, and any agencies designated to provide such assistance, which program must meet such requirements as the Secretary may by regulation prescribe for the purpose of assuring that assistance is provided to the most needy persons in the jurisdiction; “(iv) estimates the amount of expenditures necessary for the provision of the assistance described in the program and related administrative expenses, up to the amount provided for payment by subsection (a)(1)(A); and “(v) includes such other information as the Secretary may require. “(B) (i) The Secretary shall approve or disapprove any plan submitted pursuant to subparagraph (A) no later than August 1 of the year in which it is submitted. The Secretary shall approve any plan which complies with the requirements of subparagraph (A). If a plan is disapproved because it does not comply with any of the requirements of that paragraph the Secretary shall, except as provided in subparagraph (B)(ii), notify the appropriate agency in the Commonwealth that payments will not be made to it under subsection (a) for the fiscal year to which the plan applies until the Secretary is satisfied that there is no longer any such failure to comply, and until the Secretary is so satisfied, the Secretary will make no payments. “(ii) The Secretary may suspend the denial of payments under subparagraph (B)(i) for such period as the Secretary determines appropriate and instead withhold payments provided for under subsection (a), in whole or in part, for the fiscal year to which the plan applies, until the Secretary is satisfied that there is no longer any failure to comply with the requirements of subparagraph (A), at which time such withheld payments shall be paid. “(2) (A) The Commonwealth shall provide for a biennial audit of expenditures under its program for the provision of the assistance described in subsection (a)(1)(A), and within 120 days of the end of each fiscal year in which the audit is made, shall report to the Secretary the findings of such audit. “(B) Within 120 days of the end of the fiscal year, the Commonwealth shall provide the Secretary with a statement as to whether the payments received under subsection (a) for that fiscal year exceeded the expenditures by it during that year for which payment is authorized under this section, and if so, by how much, and such other information as the Secretary may require. “(C) (i) If the Secretary finds that there is a substantial failure by the Commonwealth to comply with any of the requirements of subparagraphs (A) and (B), or to comply with the requirements of subsection (b)(1)(A) in the administration of a plan approved under subsection (b)(1)(B), the Secretary shall, except as provided in subparagraph (C)(ii), notify the appropriate agency in the Commonwealth that further payments will not be made to it under subsection (a) until the Secretary is satisfied that there will no longer be any such failure to comply, and until the Secretary is so satisfied, the Secretary shall make no further payments. “(ii) The Secretary may suspend the termination of payments under subparagraph (C)(i) for such period as the Secretary determines appropriate, and instead withhold payments provided for under subsection (a), in whole or in part, until the Secretary is satisfied that there will no longer be any failure to comply with the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), at which time such withheld payments shall be paid. “(iii) Upon a finding under subparagraph (C)(i) of a substantial failure to comply with any of the requirements of subparagraphs (A) and (B) and subsection (b)(1)(A), the Secretary may, in addition to or in lieu of any action taken under subparagraphs (C)(i) and (C)(ii), refer the matter to the Attorney General with a request that injunctive relief be sought to require compliance by the Commonwealth of Puerto Rico, and upon suit by the Attorney General in an appropriate district court of the United States and a showing that noncompliance has occurred, appropriate injunctive relief shall issue. “(c) (1) The Secretary shall provide for the review of the programs for the provision of the assistance described in subsection (a)(1)(A) for which payments are made under this Act. “(2) The Secretary is authorized as the Secretary deems practicable to provide technical assistance with respect to the programs for the provision of the assistance described in subsection (a)(1)(A). “(d) Whoever knowingly and willfully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any funds, assets, or property provided or financed under this section shall be fuzed not more than $10,000 or imprisoned for not more than five years, or both, but if the value of the funds, assets or property involved is not over $200, the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both.”. (b) Notwithstanding the provisions of section 19 of the Food Stamp Act of 1977, as added by this section— (1) the amount payable to the Commonwealth of Puerto Rico under section 19 for fiscal year 1982 shall be $206,500,000, and the Secretary of Agriculture is authorized to grant such waivers of the requirements imposed by that section with respect to that fiscal year as the Secretary determines appropriate to carry out the purposes of that section; and (2) in order to receive the amounts payable under this subsection or section 19 for fiscal years 1982 and 1983, the Commonwealth shall submit, for the Secretary’s approval, the plan required by the provisions of subsection (b) of section 19 by April 1, 1982. Sec. 117. effective dates Except as otherwise specifically provided, the amendments made by sections 101 through 116 of this Act shall be effective and implemented upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation. PART 2— OTHER REDUCTIONS IN AUTHORIZATIONS FOR APPROPRIATIONS Sec. 120. agricultural and related programs Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the programs designated below not to exceed the sums shown for each of the fiscal years 1982, 1983, and 1984. Agricultural Stabilization and Conservation Service dairy and beekeeper indemnity programs For necessary expenses involved in making indemnity payments to dairy farmers under the Act of August 13, 1968 (7 U.S.C. 450j): $200,000 for fiscal year 1982, $200,000 for fiscal year 1983, and $200,000 for fiscal year 1984. Agricultural Marketing Service payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(3)): $1,571,000 for fiscal year 1982, $1,651,000 for fiscal year 1983, and $1,723,000 for fiscal year 1984. Farmers Home Administration rural community fire protection grants For grants pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (Public Law 95–313): $3,565,000 for fiscal year 1982, $3,821,000 for fiscal year 1983, and $4,038,000 for fiscal year 1984. rural development planning grants For rural development planning grants pursuant to section 306(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11)): $4,767,000 for fiscal year 1982, $4,959,000 for fiscal year 1983, and $5,155,000 for fiscal year 1984. rural development grants For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932): $5,007,000 for fiscal year 1982, $5,280,000 for fiscal year 1983, and $5,553,000 for fiscal year 1984. Soil Conservation Service For necessary expenses for carrying out the programs administered by the Soil Conservation Service: $588,875,000 for fiscal year 1982, $596,767,000 for fiscal year 1983, and $602,865,000 for fiscal year 1984. Agricultural Stabilization and Conservation Service agricultural conservation program For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g–590o, 590p(a), and 590q), and sections 1001–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1508, and 1510): $201,325,000 for fiscal year 1982, $209,647,000 for fiscal year 1983, and $218,216,000 for fiscal year 1984. forestry incentives program For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101): $15,090,000 for fiscal year 1982, $16,913,000 for fiscal year 1983, and $18,314,000 for fiscal year 1984. water bank program For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311): $10,876,000 for fiscal year 1982, $10,854,000 for fiscal year 1983, and $10,813,000 for fiscal year 1984. emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205): $10,069,000 for fiscal year 1982, $10,507,000 for fiscal year 1983, and $10,958,000 for fiscal year 1984. Sec. 121. water and waste grants Section 306(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 (a)(2)) is amended by striking out the period at the end of the first sentence and inserting in lieu thereof a colon and the following: “Provided, That for fiscal years commencing after September 30, 1981, such grants may not exceed $154,900,000 in any fiscal year.”. Sec. 122. forest service Notwithstanding any other provision of law, there are hereby authorized to be appropriated for the necessary expenses of the Forest Service for carrying out the programs for Forest Research, State and Private Forestry, and National Forest System under the appropriations account for Forest Management, Protection, and Utilization, and the programs under the appropriations account for Construction and Land Acquisition: $1,575,552,000 for fiscal year 1981; $1,498,000,000 for fiscal year 1982; $1,560,000,000 for fiscal year 1983; and $1,620,000,000 for fiscal year 1984: Provided, That none of the funds authorized to be appropriated hereby may be used for carrying out the Bald Mountain road in the Siskiyou National Forest. Sec. 123. assistance to land-grant colleges There are authorized to be appropriated for the purpose of providing assistance to land-grant colleges under the Act of August 30, 1890 (commonly referred to as the “Second Morrill Act”) and the Act of March 4, 1907 (7 U.S.C. 322), not to exceed $2,800,000 for the fiscal year 1981; not to exceed $2,800,000 for the fiscal year 1982; not to exceed $2,800,000 for the fiscal year 1983; and not to exceed $2,800,000 for the fiscal year 1984. Sec. 124. public law 480 appropriation limits Notwithstanding any other provision of law, programs shall not be undertaken under title I (including title III) and title H of 7 USC 1701, 1721, 1427. the Agricultural Trade Development and Assistance Act of 1954 during any calendar year which call for an appropriation of more than $1,304,836,000 for the fiscal year 1982; $1,320,292,000 for the fiscal year 1983; and $1,402,278,000 for the fiscal year 1984. Part 3— Department of Agriculture Personnel Sec. 125. establishment of personnel ceiling Notwithstanding any other provision of law, the total full-time 7 USC 2201 note. equivalent staff year personnel ceiling for the United States Department of Agriculture shall not exceed one hundred and seventeen thousand staff years (including overtime) for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. Subtitle B— Reduction in Direct Spending Part 1— Commodity Credit Corporation Programs Sec. 150. milk price support Effective October 1, 1981, section 201 of the Agricultural Act of 1949 is amended by— 7 USC 1446. (1) striking out the second sentence of subsection (c) and inserting in lieu thereof the following: “Notwithstanding the foregoing, effective for the period beginning October 1, 1981, and ending September 30, 1985, the price of milk for the marketing year beginning on October 1 of each year shall be supported at a level determined according to the following procedure: The Net Government purchases, estimate. Secretary shall estimate Government price support purchases net of sales for unrestricted use for the marketing year using the amount of such purchases made during the most recent six-month period adjusted to an annual level on the basis of the most recent ten year experience. The Secretary shall adjust this Adjustment. estimate of net Government purchases to reflect the effect of current and expected availability of feed, feed prices, milk-feed price ratio, utility cow prices, dairy cow numbers and dairy heifer replacement stocks on milk production during the marketing year. After making this final estimate, the Secretary shall support the price of milk at not less than the level indicated by the following schedule, nor more than 90 per centum of the parity price therefor: “Price as percent of parity The higher of anticipated annual rate of net Government purchases Nonfat dry milk (million pounds) Milk equivalent (butterfat basal) of butter and cheese (billion pounds) 75 more than 500 5.5 or more. 76 450–499.9 5.0–5.499. 77 400–449.9 4.5–4.999. 78 350–399.9 4.0–4.499. 79 300–349.9 3.5–3.999. 80 250–299.9 3.0–8.499. 81 200–249.9 2.5–2.999. 82 150–199.9 2.0–2.499. 83 100–149.9 1.5–1.999. 84 50–99.9 1.0–1.499. 85 less than 50 less than 1.0. In no event shall the support price be less than the dollar amount of the support price then currently in effect for milk: Provided, That if the Secretary determines that the inventory of dairy products, at the end of the marketing year, exceeds five hundred million pounds of nonfat dry milk or five and one-half billion pounds milk equivalent of butter and cheese, the support price for the next marketing year shall be established at the minimum level indicated by this schedule based upon estimated Government price support purchases net of sales for unrestricted use for Notification to congressional committees. such year. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and reasons therefor thirty days prior to the effective date of the new support level. Notwithstanding the foregoing, if during any marketing year dairy product imports into the United States are incrased as the result of an expansion of imports or termination of import restraints established pursuant 7 USC 624. to section 22 of the Agricultural Adjustment Act, the support price shall be redetermined by reducing the final estimate of net Government purchases by the milk equivalent (butterfat basis) of products or nonfat dry milk or its equivalent of other products derived from such increased imports. The increased support price so determined shall become effective simultaneously with the announcement of the expansion of dairy product imports. A similar reduction in the net Government purchases for the marketing year in which the imports are entered into the United States shall be made when determining the support price level for subsequent years.”; and (2) inserting a new subsection (d) as follows: “(d) Effective for the period beginning October 1, 1982, and ending on September 30, 1985, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period to reflect any estimated change in the parity index during said semiannual period. If a review of net Government purchases as provided for in subsection (c) indicates that purchases during the most recent six-month period are being made at an annual rate exceeding five and one-half billion pounds milk equivalent (butterfat basis), or five hundred million pounds of nonfat dry milk, the support price of milk need not be adjusted unless such adjustment is necessary to prevent a support price at less than 75 per centum of parity as determined at Notification to congressional committees. the beginning of the semiannual period. The Secretary shall notify, in writing, the chairman of the Senate Committee on Agriculture, Nutrition, and Forestry and the chairman of the House Committee on Agriculture of the Secretary’s decision and the reasons therefor thirty days prior to the effective date of such semiannual adjustment.”. Sec. 151. farm storage facility loans Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) is amended by striking out from the fourth proviso of the second sentence “shall make loans” and inserting in lieu thereof “may make loans”. Sec. 152. reduction in ccc administrative expense limitation Not to exceed $52,000,000 shall be available for the fiscal year ending September 30, 1982, for administrative expenses of the Commodity Credit Corporation, within the limits of funds and bor-rowing authority available to the Corporation as may be necessary in carrying out the programs set forth in the budget for the Corporation. PART 2— COMMODITY INSPECTION FEES Sec. 155. grain inspection and weighing Effective for the period October 1, 1981, through September 7 USC 79 note. 7 USC 71. 30, 1984, inclusive, the United States Grain Standards Act is 7 USC 71. amended by— (1) amending section 7(j) (7 U.S.C. 79(j)) to read as follows: “(j) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service relating to supervision of official agency personnel arid supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 14 of this Act. The fees shall be 7 USC 85, 86, 87c. payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty Overdue fee. days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. The interest rate on overdue Interest rate. fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.”; (2) amending section 7A(l) (7 U.S.C. 79a(1)) to read as follows: “(l) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the service incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service relating to supervision of the agency personnel and supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs 7 USC 79, 85, 86 87c. incurred under sections 7(g)(3), 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in Overdue fees. section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of Interest rate. such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.”; (3) adding a new section 7C as follows: “Sec. 7C. “limitation on administrative and surpervisory costs The total administrative and supervisory costs which may be incurred under this Act for inspection and weighing (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1982 through 1984 shall not exceed 35 per centum of the total costs for such activities carried out by the Service for such year.”; (4) amending section 19 (7 U.S.C. 87h) to read as follows: “Sec. 19. “appropriations There are hereby authorized to be appropriated such sums as are necessary for standardization and compliance activities, monitoring in foreign ports grain officially inspected and weighed under this Act, and any other expenses necessary to out the provisions of this Act for each of the fiscal years during the period beginning October 1, 1981, and ending September 30, 1984, to the extent that financing is not obtained from fees and sales of samples as 7 USC 79, 79a, 87f–1. provided for in sections 7, 7A, and 17A of this Act.”; and (5) adding a new section 20 as follows: “Sec. 20. “advisory committee (a) In order to assure the normal movement of grain in an orderly and timely manner, the Secretary shall establish an advisory committee to provide advice to the Administrator with respect to the efficient and economical implementation of the United States Grain 7 USC 71 note. Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory commit-tee shall be appointed not later than thirty days after the date of enactment of this section. “(b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. 5 USC app. “(c) The Administrator shall provide the advisory committee with necessary clerical assistance and staff personnel. “(d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this Act, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code.”. Sec. 156. cotton classing and related services (a) Section 5 of the United States Cotton Standards Act (7 U.S.C. 55) is amended to read as follows: “Sec. 5. (a) The Secretary of Agriculture shall cause to be collected Fees and charges. such fees and charges for licenses issued to classifiers of cotton under section 3 of this Act, for determinations made under section 4 of this 7 USC 53, 54. Act, and for the establishment of standards and sale of copies of standards under section 6 of this Act, as will cover, as nearly as 7 USC 56, 57, 57a. practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative and supervisory costs. Such fees and charges shall be credited to the current appropriation account that incurs the cost and shall remain available until expended to pay the expenses of the Secretary incident to providing services and standards under this Act and the United States Cotton Futures Act (7 U.S.C. 15b). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this Act shall become the property of the United States and may be sold with the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(b) The price established by the Secretary of Agriculture under the foregoing provisions of this section for practical forms representing the official cotton standards of the United States shall cover, as nearly as practicable, the estimated actual cost to the Department of Agriculture for developing and preparing such practical forms.”. (b) Effective only for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as follows: “Sec. 3a. Effective for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, the Secretary of Agriculture shall make cotton classification services available to producers of cotton. The Secretary shall further provide for appropriate agencies of the Department of Agriculture to collect directly from participating producers reasonable fees which, together with the proceeds of sales of samples submitted under this section, shall cover as nearly as practicable the cost of the services provided under this section, including administrative and supervisory costs: Provided, That the Secretary’s net cost estimate (after taking into account the proceeds from the sale of samples) used to calculate the uniform per-bale fee to be collected from producers for such classification services shall not exceed $12,000,000 in the fiscal year ending September 30, 1982, $12,400,000 in the fiscal year ending September 30, 1983, and $13,000,000 in the fiscal year ending September 30, 1984. All samples of cotton submitted for classification under this section shall become the property of the United States, and shall be sold: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Fees collected under this section and under section 3d of this Act and proceeds from sales of samples shall be credited to the current appropriation account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing classification services under this section. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account, such interest so earned shall be credited to the account for Appropriation authorization. use by the Secretary in providing such services. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section to the extent that financing is not available from fees and the proceeds from the sale of samples.”. (c) Subsection (f)(1)(G) of the United States Cotton Futures Act (7 U.S.C. 15b(f)(1)(G)) is amended by striking out “in such regulations.” and inserting in lieu thereof “in such regulations and shall be credited to the account referred to in section 5 of the United States Ante, p. 373. Cotton Standards Act (7 U.S.C. 55). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this act shall become the property of the United States and may be sold and the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).”. (d) The Secretary of Agriculture shall hold annual meetings with representatives of the cotton industry to review (1) activities and operations under the Cotton Standards Act, and the Cotton Statistics and Estimates Act, (2) activities and operations relating to cotton under the United States Warehouse Act, and (3) the effect of such activities and operations on prices received by producers and sales to domestic and foreign users, for the purpose of improving procedures for financing and administering such activities and operations for the benefit of the industry and the Government. Notwithstanding any other provision of law, the Secretary shall take such action as may be necessary to insure that the universal cotton standards system and the licensing and inspection procedures for cotton warehouses are preserved and that the Government cotton classification system continues to operate so that the United States cotton crop is provided an official quality description. (e) The provisions of this section shall become effective October 1, 1981. Sec. 157. tobacco inspection and related services (a) The Tobacco Inspection Act is amended by— (1) in section 5 (7 U.S.C. 511d), striking out the last two sentences and inserting in lieu thereof the following: “The Secretary shall by regulation fix and collect fees and charges for inspection and certification, the establishment of standards, and other services under this section at designated auction markets. The fees and charges authorized by this section shall, as nearly as practicable, cover the costs of the services, including the administrative and supervisory costs customarily included by the Secretary in user fee calculations. The fees and charges, when collected, shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. Such fees and charges shall be assessed against the warehouse operator, irrespective of ownership or interest in the tobacco, and shall be collected by the warehouse operator from the sellers of the tobacco. The inspection and related services under this section shall be suspended or denied if the warehouse operator fails to collect or otherwise pay the fees and charges imposed under this section. Tobacco inspection or certification services provided to designated auction markets shall take precedence over such services, other than reinspection, requested under the authority contained in section 6 of this Act or any other provision of law. In accordance with the Federal Advisory Committee Act, the Secretary shall establish a 5 USC app. national advisory committee of tobacco producers, and advisory subcommittees for each major kind of tobacco, to advise the Secretary with regard to the level of inspection and related services and the fees and charges therefor. The advisory committee and subcommittees established under this section shall be of permanent duration. The committees shall meet at the call of the Secretary.”; and (2) in section 6 (7 U.S.C. 511e), amending the first sentence of the second paragraph as follows: “The Secretary shall fix and collect such fees or charges in the administration of this section as will cover, as nearly as practicable, the costs of the services provided, including administrative and supervisory costs. Such fees and charges shall be credited to the account referred to in section 5 of this Act.”. 5 USC 511d. (b) The provisions of this section shall become effective October 1, Effective date. 7 USC 511d note. 1981. Sec. 158. warehouse examination, inspection, and licensing (a) The United States Warehouse Act is amended by— (1) amending section 10 (7 U.S.C. 251) to read as follows: “Sec. 10. The Secretary of Agriculture, or the Secretary’s designated Fees, collection. representative, shall charge, assess, and cause to be collected a reasonable fee for (1) each examination or inspection of a warehouse (including the physical facilities and records thereof and the agricultural products therein) under this Act; (2) each license issued to any person to classify, inspect, grade, sample, or weigh agricultural products stored or to be stored under provisions of this Act; (3) each annual warehouse license issued to a warehouseman to conduct a warehouse under this Act; and (4) each warehouse license amended, modified, extended, or reinstated under this Act. Such fees shall cover, as nearly as practicable, the costs of providing such services and licenses, including administrative and supervisory costs: Provided, That the amount of such fees collected for cotton warehouse inspections shall not exceed $400,000 in the fiscal year ending September 30, 1982, $415,000 in the fiscal year ending September 30, 1983, and $430,000 in the fiscal year ending September 30, 1984. All fees collected shall be credited to the current appropriation account that incurs the costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this Act. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account such interest shall be credited to the account for use by the Secretary in providing such services.”; and (2) amending section 31 (7 U.S.C. 271) to read as follows: “Sec. 31. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act other than those services for which fees are authorized pursuant to section 10. Such appropriated funds may be used by the Secretary to employ qualified persons not regularly in the service of the United States for temporary assistance in carrying out the provisions of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. Sec. 159. naval stores inspection and related services (a) The Naval Stores Act is amended by— (1) in the second sentence of section 4 (7 U.S.C. 94) striking out “on tender of the cost thereof as required by him,”; and (2) amending section 8 (7 U.S.C. 98) to read as follows: “Sec. 8. (a) The Secretary of Agriculture shall fix and cause to be collected fees and charges for the establishment of standards under section 3 of this Act and for examinations, analyses, classifications, and other services under section 4 of this Act which shall cover, as nearly as practicable, the costs of providing such services and standards as the Secretary shall deem necessary, including administrative and supervisory costs. Such fees and charges, when collected, shall be credited to the current appropriation account that incurs such costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing such services and standards under this Act. Fees and charges shall be assessed and collected from processors and warehousers of naval stores, and inspection and related services shall be suspended or denied to any such processor or warehouser upon failure to timely pay the fees and charges assessed. “(b) There are hereby authorized to be appropriated such sums as may be necessary for the enforcement and administration of this Act.”. (b) The provisions of this section shall become effective October 1, 1981. PART 3— FARMERS HOME ADMINISTRATION PROGRAMS Sec. 160. interest rates on farmers home administration water and waste disposal and community facility loans, loans to low-income limited resource borrowers, and loans for nonfarm facilities on prime farmlands (a) Section 307(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)) is amended by— (1) in paragraph (2), striking out “and (5)” and inserting in lieu thereof “(5), and (6)”; (2) in paragraph (4), striking out “The” and inserting in lieu thereof “Except as provided in paragraph (6), the”; (3) amending paragraph (3) to read as follows: “(3) (A) Except as provided in paragraph (6), the interest rates on loans (other than guranteed loans), to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations arid other federally recognized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be set by the Secretary at rates not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for such loans, and adjusted to the nearest one-eighth of 1 per centum; and not in excess of 5 per centum per annum for any such loans which are for the upgrading of existing facilities or construction of new facilities as required to meet applicable health or sanitary standards in areas where the median family income of the persons to be served by such facility is below the poverty line prescribed by the Office of Management and Budget as adjusted under section 624 of the Economic Opportunity Act of 1964 (42 U.S.C 2971d) and in other areas as the Secretary may designate where a significant percentage of the persons to be served by such facilities are of low income, as determined by the Secretary. “(B) Except as provided in paragraph (6), the interest rates on loans 7 USC 1934. (other than guaranteed loans) under section 310D of this title shall be as determined by the Secretary, but not in excess of one-half of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, nor less than 5 per centum per annum.”; and (4) adding at the end thereof a new paragraph (6) as follows: “(6) (A) Notwithstanding any other provision of this section, in the case of loans (other than guaranteed loans) made or insured under the authorities of this Act specified in subparagraph (B) for activities that involve the use of prime farmland as defined in subparagraph (C), the interest rates shall be the interest rates otherwise applicable under this section increased by 2 per centum per annum. Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in the preceding sentence shall be placed on land that is not prime farmland, in order to preserve the maximum practicable amount of prime farmlands for production of food and fiber. Where other options exist for the siting of such construction and where the governmental authority still desires to carry out such construction on prime farmland, the 2 per centum interest rate increase provided by this clause shall apply, but such increased interest rate shall not apply where such other options do not exist. “(B) The authorities referred to in subparagraph (A) are— “(i) clauses (2) and (3) of section 303(a), 7 USC 1923. “(ii) the provisions of section 304(a) relating to the financing of 7 USC 1924. outdoor recreational enterprises or the conversion of farming or ranching operations to recreational uses, “(iii) section 304(b), “(iv) the provisions of section 306(a)(1) relating to loans for 7 USC 1926. recreational developments and essential community facilities, “(v) section 306(a)(15), “(vi) clause (1) of section 310B(a), 7 USC 1932. “(vii) subsections (d) and (e) of section 310B, and “(viii) section 310D(a) as it relates to the making or insuring of 7 USC 1934. loans under clauses (2) and (3) of section 303(a). “(C) For purposes of this paragraph, the term ‘prime farmland’ “Prime farmland.” means prime farmlands and unique farmland as those terms are defined in sections 657.5 (a) and (b) of title 7, Code of Federal Regulations (1980).”. (b) Section 316(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)) is amended by— (1) inserting “(1)” after “(a)”; (2) inserting in the second sentence “and loans as provided in paragraphs (2) and (3)” after “except for guaranteed loans”; and (3) adding at the end thereof new paragraphs (2) and (3) as follows: “(2) The interest rate on any loan (other than a guaranteed loan) to a low-income, limited resource borrower under this subtitle shall be the interest rate otherwise applicable under this section reduced by 3 per centum per annum. “(3) The interest rate on any loan (other than a guaranteed loan) 7 USC 1942. Ante, p. 376. made or insured under clause (5) of section 312(a) for activities that involve the use of prime farmland as defined in section 307(a)(6)(C) shall be the interest rate otherwise applicable under this section increased by 2 per centum per annum.”. (c) The amendments made by this section shall apply to loans approved after September 30, 1981. Sec. 161. emergency loan amounts Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended by inserting “only to the extent and in such amounts as provided in advance in appropriation Acts” after “The Secretary shall make and insure loans under this subtitle”. Sec. 162. interest rates on emergency loans for actual loss (a) Section 324(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(b)(1)) is amended to read as follows: “(1) For loans or portions of loans up to the amount of the applicant’s actual loss caused by the disaster, as limited under subsection (a)(1) of this section, the interest shall be at rates prescribed by the Secretary, but (A) if the applicant is not able to obtain sufficient credit elsewhere, not in excess of 8 per centum per annum, and (B) if the applicant is able to obtain sufficient credit elsewhere, not in excess of the rate prevailing in the private market for similar loans, as determined by the Secretary; and”. (b) The amendments made by this section shall apply to loans made with respect to disasters occurring after September 30, 1981. Sec. 163. eligibility for assistance based on production loss Section 329 of the Consolidated Farm and Rural Development 7 USC 1970. Act is amended to read as follows: “Sec. 329. The Secretary shall make financial assistance under this subtitle available to any applicant seeking assistance based on production losses if the applicant shows that a single enterprise which constitutes a basic part of the applicant’s farming, ranching, or aquaculture operation has sustained at least a 30 per centum loss of normal per acre or per animal production, or such lesser per centum of loss as the Secretary may determine, as a result of the disaster based upon the average monthly price in effect for the previous year and the applicant otherwise meets the conditions of eligibility prescribed under this subtitle. Such loans shall be made available based upon 80 per centum, or such greater per centum as the Secretary may determine, of the total calculated actual production loss sustained by the applicant.”. Sec. 164. insured loan limits Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994) is amended by adding at the end thereof a new subsection (d) as follows: “(d) Notwithstanding any contrary provisions of subsection (b) of this section, for fiscal year 1982, loans are authorized to be insured, or made to be sold and insured, as follows: “(1) From the Agricultural Credit Insurance Fund— “(A) insured real estate loans for farm ownership purposes, $700,000,000, and “(B) insured operating loans, $1,325,000,000. Not less than 20 per centum of the insured loans authorized for farm ownership purposes and not less that 20 per centum of the insured loans authorized for farm operating purposes shall be for low-income, limited-resource applicants. “(2) From the Rural Development Insurance Fund— “(A) insured water and waste disposal loans, $300,000,000, and “(B) insured community facility loans, $130,000,000.”. PART 4— RURAL ELECTRIFICATION ADMINISTRATION PROGRAMS Sec. 165. rural electrification act amendments (a) Section 305(b) of the Rural Electrification Act of 1936 (7 U.S.C. 935(b)) is amended to read as follows: “(b) Insured loans made under this title shall bear interest at 5 per Insured loans, interest rates. centum per annum, except that the Administrator may make insured loans to electric or telephone borrowers at a lesser interest rate, but not less than 2 per centum per annum, if, in the Administrator’s sole discretion, the Administrator finds that the borrower— “(1) has experienced extreme financial hardship; or “(2) cannot, in accordance with generally accepted management and accounting principles and without charging rates to its customers or subscribers so high as to create a substantial disparity between such rates and the rates charged for similar service in the same or nearby areas by other suppliers, provide service consistent with the objectives of this Act.”. (b) Section 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) is amended by— (1) inserting immediately after the second sentence the following: “With respect to guarantees issued by the Administrator under this section, on the request of the borrower of any such loan so guaranteed, the loan shall be made by the Federal Financing Bank and at a rate of interest that is not more than the rate of interest applicable to other similar loans then being made or purchased by the Bank.”; and (2) striking our “a loan insured at the standard rate” in the fourth sentence and inserting in lieu thereof “an insured loan”. (c) Section 307 of the Rural Electrification Act of 1936 (7 U.S.C. 937) is amended by striking out “a loan insured at the standard rate” and inserting in lieu thereof “an insured loan”. (d) The amendments made by subsection (a) of this section shall 7 USC 935 note apply to loans the applications for which are received by the Rural Electrification Administration after July 24, 1981.
1981
Pub. L. 97–35 § 107(a) · 95 Stat. 357
Changed · 7 U.S.C. § 2014(f)
Pub. L. 97–35, § 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
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–35, § 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.
Enacted provision · exact public law section
(a) Section 5(f) of the Food Stamp Act of 1977 is amended to read as follows: “(f) (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. “(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. “(2) (A) Household income for migrant farmworker households shall be calculated on a propective basis, as provided in paragraph (3)(A). “(B) Household income for all other households shall be calculated either on a prospective basis as provided in paragraph (3)(A) or on a retrospective basis as provided in paragraph (3)(B), as elected by the State agency under regulations prescribed by the Secretary. “(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 42 USC 1305. purposes of this Act and the Social Security Act, the income of households receiving benefits under this Act and title IV-A of the 42 USC 601. Social Security Act is calculated on a comparable basis under the two Acts. The Secretary is authorized, upon the request of a State agency, to waive any of the provisions of this subsection to the extent necessary to permit the State agency to calculate income for purposes of this Act on the same basis that income is calculated under title IV-A of the Social Security Act in that State.”.
1981
Pub. L. 97–35 § 107(b) · 95 Stat. 357
Substituted · 7 U.S.C. § 2014(f)(2)(B)
Pub. L. 97–35, § 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
Source evidence
Code amendment note
Subsec. (f)(2)(B). Pub. L. 97–35, § 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.
Enacted provision · exact public law section
(b) Effective October 1, 1983, paragraph (2)(B) of section 5(f) of the Food Stamp Act of 1977, as amended by subsection (a), is amended to 7 USC 2014. read as follows: “(B) Household income for all other households shall be calculated on a retrospective basis as provided in paragraph (3)(B).”.
1981
Food Stamp and Commodity Distribution Amendments of 1981
Pub. L. 97–98 title XIII · 95 Stat. 1213
1. Inserted · 7 U.S.C. § 2014(d)
  Pub. L. 97–98, §§ 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
2. Substituted · 7 U.S.C. § 2014(d)
  Pub. L. 97–98, §§ 1305, 1306, substituted in cl. (10) “any other Federal law” for “any other law”
3. Inserted · 7 U.S.C. § 2014(d)
  Pub. L. 97–98, §§ 1305, 1306, 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
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–98, §§ 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.
Enacted provision · exact public law
TITLE XIII— FOOD STAMP AND COMMODITY DISTRIBUTION AMENDMENTS OF 1981 Sec. 1301. short title This title may be cited as the “Food Stamp and Commodity Distribution Amendments of 1981”. Sec. 1302. household definition Section 3(i) of the Food Stamp Act of 1977 is amended by inserting before the period at the end of the first sentence the following: “, or receives supplemental security income benefits under 42 USC 1381. 42 USC 301, 401, 1201, 1351, 1381. 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”. Sec. 1303. alaska’s thrifty food plan Clause (2) of section 3(o) of the Food Stamp Act of 1977 is amended to read as follows: “(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,”. Sec. 1304. adjustment of the thrifty food plan Section 3(o) of the Food Stamp Act of 1977 is amended by striking out clause (6) and all that follows through the end of clause (9), and inserting in lieu thereof the following: “(6) on October 1, 1982, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the twenty-one months ending the preceding June 30, 1982, and (7) on October 1, 1983, and each October 1 thereafter, 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: Provided, That the periods upon which such adjustments are based shall be subject to revision by Act of Congress”. Sec. 1305. reimbursement exclusion Section 5(d)(5) of the Food Stamp Act of 1977 is amended 7 USC 2014. by adding before the comma the following: “: Provided, 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 42 USC 601. or child care expenses, shall be considered such reimbursement”. Sec. 1306. energy assistance payments; excluded payments of other programs Section 5(d) of the Food Stamp Act of 1977 is amended by 7 USC 2014. striking out “(10)” and all that follows through the period, and inserting in lieu thereof the following: “(10) any income that any other Federal law specifically excludes from consideration as income for purposes of determining eligibility for the food stamp program, and (11) any payments or 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 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.”. Sec. 1307. disallowance of deductions for expenses paid by vendor payments Section 5(e) of the Food Stamp Act of 1977 is amended by adding in the fourth and fifth sentences after “entitled” the following: “, with respect to expenses other than expenses paid on behalf of the household by a third party,”. Sec. 1308. attribution of income and resources to sponsored aliens Section 5 of the Food Stamp Act of 1977 is amended by adding a new subsection as follows: “(i) (1) For purposes of determining eligibility for and the amount of benefits under this Act for an individual who is an alien as described in section 6(f)(2)(B) of this Act, the income and resources of any person 7 USC 2015. 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 7 USC 2014. eligibility standard as determined under section 5(c) of this Act 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 Act, 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 persona 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 Ante, p. 363. in accordance with the provisions of section 13(b)(2) of this Act. “(E) The provisions of this subsection shall not apply with respect to any alien who is a member of the sponsor’s household, as defined in 7 USC 2012. section 3(i) of this Act.”. Sec. 1309. resources Section 5(g) of the Food Stamp Act of 1977 is amended by inserting “(other than those relating to licensed vehicles)” after “June 1, 1977” in the second sentence. Sec. 1310. annualization of work registration Section 6(d)(1)(i) of the Food Stamp Act of 1977 is amended by striking out “six” and inserting in lieu thereof “twelve”. Sec. 1311. work requirements Section 6(d) of the Food Stamp Act of 1977 is amended 7 USC 2015. by— (1) striking out “, unless the household was certified for benefits under this Act immediately prior to such unemployment” in clause (iii) of paragraph (1); (2) inserting “(including the lack of adequate child care for children above the age of five and under the age of twelve)” after “good cause” in clause (iv) of paragraph (1); (3) inserting before the semicolon at the end of clause (A) of paragraph (2) “, 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)”; and (4) striking out “twelve” and inserting in lieu thereof “six” in paragraph (2)(B). Sec. 1312. state issuance liability Section 7(f) of the Food Stamp Act of 1977 is amended to 7 USC 2016. read as follows: “(f) Notwithstanding any other provision of this Act, the State agency shall be strictly liable to the Secretary for any financial losses involved in the acceptance, storage and issuance of coupons, including any losses involving failure of a coupon issuer to comply with the requirements specified in section 11(e)(21), except that in the case of Post, p. 1287. losses resulting from the issuance and replacement of authorizations for coupons and allotments 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.”. Sec. 1313. access of comptroller general to information Section 9(c) of the Food Stamp Act of 1977 is amended by 7 USC 2018. adding at the end thereof the following: “Such purposes shall not exclude the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law.”. Sec. 1314. reporting of abuses by the public Section 9 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection as follows: “(e) Approved retail food stores shall display a sign providing information on how persons may report abuses they have observed in the operation of the food stamp program.”. Sec. 1315. retail redemption Section 10 of the Food Stamp Act of 1977 is amended by 7 USC 2019. striking out the term “banks” whenever it appears and inserting in lieu thereof the following: “financial institutions which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation”. Sec. 1316. sixty-day transfer of certification Section 11 of the Food Stamp Act of 1977 is amended by striking out subsection (b). Sec. 1317. notice of verification Section 11(e)(2) of the Food Stamp Act of 1977 is amended by inserting after the second period the following new sentence: “Each application shall also contain in understandable terms and in prominent and boldface lettering a statement that the information provided by the applicant in connection with the application for a coupon allotment will be subject to verification by Federal, State, and local officials to determine if such information is factual and that if any material part of such information is incorrect, food stamps may be denied to the applicant, and that the applicant may be subjected to criminal prosecution for knowingly providing incorrect information.”. Sec. 1318. recertification notice Section 11(e)(4) of the Food Stamp Act of 1977 is amended by— (1) striking out “immediately prior to or at” and inserting in lieu thereof “prior to”; and (2) striking out “it” after “advising” and inserting in lieu thereof “the household”. Sec. 1319. disclosure of information to comptroller general, law enforcement officials Section 11(e)(8) of the Food Stamp Act of 1977 is amended by inserting before the semicolon the following: “, except that (A) such 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, and (B) notwithstanding any other provision of law, all information obtained under this Act 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 Act or any regulation issued under this Act”. Sec. 1320. restoration of lost benefits (a) Section 11(e)(11) of the Food Stamp Act of 1977 is amended to read as follows: “(11) upon receipt of a request from a household, for the prompt restoration in the form of coupons to a household of any allotment or portion thereof which has been wrongfully denied or terminated, except that allotments shall not be restored for any period of time more than one year prior to the date the State agency receives a request for such restoration from a household or the State agency is notified or otherwise discovers that a loss to a household has occurred;”. (b) Section 14 of the Food Stamp Act of 1977 is amended by— (1) inserting “(a)” immediately after the section designation; and (2) adding a new subsection as follows: “(b) In any judicial action arising under this Act, any food stamp allotments found to have been wrongfully withheld shall be restored only for periods of not more than one year prior to the date of the commencement of such action, or in the case of an action seeking review of a final State agency determination, not more than one year prior to the date of the filing of a request with the State for the restoration of such allotments or, in either case, not more than one year prior to the date the State agency is notified or otherwise discovers the possible loss to a household.”. Sec. 1321. information Section 11(e) of the Food Stamp Act of 1977 is amended 7 USC 2020. by— (1) striking out “and” at the end of paragraph (18); (2) striking out the period at the end of paragraph (19) and inserting in lieu thereof a semicolon; and (3) adding at the end thereof new paragraphs as follows: “(20) that information available from the Social Security Administration under the provisions of section 6103(i)(7) of the Internal Revenue Code of 1954, and information available from 94 Stat. 365. 26 USC 6103. agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act, 94 Stat. 366. 42 USC 503. shall be requested and utilized by the State agency (described in section 3(n)(1) of this Act) to the extent permitted under the 7 USC 2012. provisions of such sections, except that the State agency shall not be required to request such information from the Social Security Administration if such information is available from the agency administering the State unemployment compensation laws; and “(21) that, in project areas or parts thereof where authorization cards are used, and eligible households are required to present photographic identification cards in order to receive their coupons, the State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been stolen or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State agency for the face value of any coupons issued in the transaction in which such card is used and the issuer fails to comply with the requirements of clause (A) of this paragraph.”. Sec. 1322. nutrition education program Section 11(f) of the Food Stamp Act of 1977 is amended to 7 USC 2020. read as follows: “(f) To encourage the purchase of nutritious foods, the Secretary is authorized to extend food and nutrition education to reach food stamp program participants, using the methods and techniques developed in the expanded food and nutrition education and other programs.”. Sec. 1323. alaskan fee agents Section 11 of the Food Stamp Act of 1977 is amended by adding thereto a new subsection as follows: “(m) The Secretary shall provide for the use of fee agents in rural “Fee agent.” Alaska. As used in this subsection ‘fee agent’ means a paid agent who, although not a State employee, is authorized by the State to make applications available to low-income households, assist in the completion of applications, conduct required interviews, secure required verification, forward completed applications and supporting documentation to the State agency, and provide other services as required by the State agency. Such services shall not include making final decisions on household eligibility or benefit levels.”. Sec. 1324. minimum mandatory court sentence for criminal offenses; work restitution program Subsections (b) and (c) of section 15 of the Food Stamp 7 USC 2024. Act of 1977 are amended to read as follows: “(b) (1) Subject to the provisions of paragraph (2) of this subsection, whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of a value of $100 or more, be guilty of a felony and shall, upon the first conviction thereof, be fined not more than 10,000 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than six months nor more than five years and may also be fined not more than $10,000 or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor, and, upon the first conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, and upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not more than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participation in the food stamp program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 6(b)(1) of this Ante, p. 362. Act. “(2) In the case of any individual convicted of an offense under paragraph (1) of this subsection, the court may permit such individual to perform work approved by the court for the purpose of providing restitution for losses incurred by the United States and the State agency as a result of the offense for which such individual was convicted. If the court permits such individual to perform such work and such individual agrees thereto, the court shall withhold the imposition of the sentence on the condition that such individual perform the assigned work. Upon the successful completion of the assigned work the court may suspend such sentence. “(c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act, shall be guilty of a felony and, upon the first conviction thereof, shall be fined not more than $10,111 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than one year nor more than five years and may also be fined not more than $10,000, or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and, upon the first conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not mere than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participation in the food stamp program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 6(b)(1) of this Act.”. Ante, p. 362. Sec. 1325. staffing Section 16(b)(1) of the Food Stamp Act of 1977 is amended 7 USC 2025. by striking out “, including, but not limited to, staffing standards such as caseload per certification worker limitations,”. Sec. 1326. incentives for error reduction efforts and corrective action plans Section 16 of the Food Stamp Act of 1977 is amended by— (1) inserting before the period at the end of the first sentence of subsection (c) the following: “, and, effective October 1, 1981, which also meets the standard contained in paragraph (1)(B) of this subsection”; and (2) striking out “October 1, 1978” in subsection (d) and inserting in lieu thereof “October 1, 1981”, and by inserting “(2)” after “subsection (c)”. Sec. 1327. social security account numbers The first sentence of section 16(f) of the Food Stamp Act of 1977 is amended by striking out “may” and inserting in lieu thereof “shall”. Sec. 1328. extending and amending cash-out pilot projects Section 17(b)(1) of the Food Stamp Act of 1977 is amended 7 USC 2026. to read as follows: “(b) (1) The Secretary may conduct on a trial basis, in one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments or the average value of allotments by household size in the form of cash to eligible households all of whose members are age sixty-five or over or any of whose members are entitled to supplemental security income benefits under title XVI of the Social Security Act or to aid to families with dependent children under part 42 USC 1381. 42 USC 601. A of title IV of the Social Security Act, the use of countersigned food coupons or similar identification mechanisms that do not invade a household’s privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the degree necessary for such projects to be conducted, except that no project, other than a project involving the payment of the average value of allotments by household size in the form of cash to eligible households, shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sections 5 and 8 of this Act. Any 7 USC 2014, 2017. pilot or experimental project implemented under this paragraph and operating as of October 1, 1981, involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental 42 USC 1381. security income benefits under title XVI of the Social Security Act shall be continued until October 1, 1985, if the State so requests.”. Sec. 1329. nutritional monitoring Section 17(c) of the Food Stamp Act of 1977 is amended by adding at the end thereof the following: “Further, the Secretary shall, by way of making contracts with or grants to public or private organizations or agencies, implement pilot programs to test various means of measuring on a continuing basis the nutritional status of low income people, with special emphasis on people who are eligible for food stamps, in order to develop minimum common criteria and methods for systematic nutrition monitoring that could be applied on a nationwide basis. The locations of the pilot programs shall be selected to provide a representative geographic and demographic cross-section of political subdivisions that reflect natural usage patterns of health and nutritional services and that contain high Report and recommendations to congressional committees. proportions of low income people. The Secretary shall report on the progress of these pilot programs on an annual basis commencing on July 1, 1982, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Secretary deems appropriate.”. Sec. 1330. pilot projects to simplify the processing of applications for certain afdc, ssi, and medicaid recipients Section 17 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection as follows: “(f) The Secretary may conduct no more than two statewide pilot projects (upon the request of a State) and no more than fourteen pilot projects in political subdivisions of States (upon the request of any such political subdivision) in which households that include one or more recipients of aid to families with dependent children under part 42 USC 601. 42 USC 1381. 42 USC 1396. A of title IV of the Social Security Act, of supplemental security income under title XVI of the Social Security Act, or of medical assistance under title XIX of the Social Security Act, and whose income does not exceed the applicable income standard of eligibility described in section 5(c) of this Act shall be deemed to satisfy the application requirements prescribed under section 5(a) of this Act and the income and resource requirements prescribed under subsections 7 USC 2014. (d) through (g) of section 5 of this Act. For any pilot project carried out under this subsection, allotments provided pursuant 7 USC 2017. 42 USC 601. 42 USC 1381. 42 USC 1396. to section 8(a) of this Act shall be based upon household size and (1) benefits paid to such household under part A of title IV or title XVI of the Social Security Act, or (2) income as determined for eligibility under title XIX of the Social Security Act, or at the option of the political subdivision or the State, the standard of need for such size household under such programs, except that the Secretary shall adjust the value of such allotments as may be necessary to ensure that the average allotment by household size for households participating in such pilot project and receiving such aid to families with dependent children, such supplemental security income, or such medical assistance, as the case may be, is not less than the average allotment which would have been provided under this Act but for the operation of this subsection, for each category of households, respectively, in such pilot project area, for any period during which such pilot project is in operation. The Secretary shall evaluate the impact of such pilot projects on recipient households, administrative costs, and error rates. The administrative costs of such projects shall be shared in accordance with the provisions of section 16 of this Act. In implementing 7 USC 2025. this section, the Secretary shall consult with the Secretary of Health and Human Services to ensure that to the extent practicable, in the case of households participating in such pilot projects, the processing of applications for, and determinations of eligibility to receive, food stamp benefits are simplified and are unified with the processing of applications for, and determinations of eligibility to receive, benefits under such titles of the Social Security Act.”. 42 USC 1305. Sec. 1331. food stamp funding and program extension Section 18(a) of the Food Stamp Act of 1977 is amended in 7 USC 2027. the first sentence thereof by— (1) striking out “and” after “September 30, 1980;”; and (2) inserting before the period at the end thereof the following: “; and not in excess of $11,300,000,000 for the fiscal year ending September 30, 1982”. Sec. 1332. incentives, sanctions, and claims Section 18 of the Food Stamp Act of 1977 is amended by adding a new subsection as follows: “(e) Funds collected from claims against households or State agencies, including claims collected pursuant to sections 7(1), 11(g) and (h), 13(b), and 16(g) of this Act, claims resulting from resolution of Ante, p. 1285. 7 USC 2020. Ante, p. 363. 7 USC 2025. audit findings, and claims collected from households receiving overissuances, shall be credited to the food stamp program appropriation account for the fiscal year in which the collection occurs. Funds provided to State agencies under section 16(c) of this Act shall be paid from the appropriation account for the fiscal year in which the funds are provided.”. Sec. 1333. workfare The Food Stamp Act of 1977 is amended by adding at the end thereof a new section as follows: “Sec. 20. “workfare (a) The Secretary shall permit any political subdivision, in 7 USC 2029. any State, that applies and submits a plan to the Secretary in compliance with guidelines promulgated by the Secretary to operate a workfare program pursuant to which every member of a household participating in the food stamp program who is not exempt by virtue of the provisions of subsection (b) of this section shall accept an offer from such subdivision to perform work on its behalf, or may seek an offer to perform work, in return for compensation consisting of the allotment to which the household is entitled under section 8(a) of this Act, with each hour of such work entitling that household to a portion 7 USC 2017. of its allotment equal in value to 100 per centum of the higher of the applicable State minimum wage or the Federal minimum hourly rate under the Fair Labor Standards Act of 1938. 29 USC 201. “(b) The household members who shall be exempt from workfare requirements are those who are either (1) mentally or physically unfit; (2) under eighteen years of age; (3) sixty years of age or over; (4) subject to and currently involved at least twenty hours a week in a work training program under a work registration requirement pursuant 42 USC 601. to title IV of the Social Security Act; (5) a parent or other member of a household with responsibility for the care of a child under age six or of an incapacitated person; (6) a parent or other caretaker of a child in a household where there is another member who is subject to the requirements of this subsection or is employed full time; (7) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (8) an individual described in section 7 USC 2015. 6(d)(2) (D) or (F) of this Act. “(c) No operating agency shall require any participating member to work in any workfare position to the extent that such work exceeds in value the allotment to which the household is otherwise entitled or that such work either exceeds twenty hours a week or would, together with any other hours worked in any other compensated capacity by such member on a regular or predictable part-time basis, exceed thirty hours a week. “(d) The operating agency shall— “(1) not provide any work that has the effect of replacing or preventing the employment of an individual not participating in the workfare program; “(2) provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours; and “(3) reimburse participants for actual costs of transportation and other actual costs all of which are reasonably necessary and directly related to participation in the program but not to exceed $25 in the aggregate per month. “(e) The operating agency may allow a job search period, prior to making workfare assignments, of up to thirty days following a determination of eligibility. “(f) In the event that any person fails to comply with the requirements of this section, neither that person nor the household to which that person belongs shall be eligible to participate in the food stamp program for two months, unless that person or another person in the household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification period. “(g) (1) The Secretary shall pay to each operating agency 50 per centum of all administrative expenses incurred by such agency in operating a workfare program, including reimbursements to participants for work-related expenses as described in subsection (d)(3) of this section. “(2) The Secretary may suspend or cancel some or all of these payments, or may withdraw approval from a political subdivision to operate a workfare program, upon a finding that the subdivision has failed to comply with the workfare requirements.”. Sec. 1334. extension of authorities, penalties for fraud, and miscellaneous provisions Effective October 1, 1981, section 4 of the Agriculture 7 USC 612c note. and Consumer Protection Act of 1973 is amended by— (1) striking out “1978, 1979, 1980, and 1981”, in the first sentence of subsection (a) and inserting in lieu thereof: “1982, 1983, 1984, and 1985”; and (2) adding a new subsection as follows: “(c) Whoever embezzles, willfully misapplies, steals or obtains by fraud any agricultural commodity or its products (or any funds, assets, or property deriving from donation of such commodities) provided under this section, or under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a–1), whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains such commodities, products, funds, assets, or property for personal use or gain, knowing such commodities, products, funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such commodities, products, funds, assets, or property are of a value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both, or if such commodities, products, funds, assets, or property are of value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.” Sec. 1335. commodity supplemental food program—pilot projects for the elderly and administrative costs Effective October 1, 1981, section 5(a) of the Agriculture and Consumer Protection Act of 1973 is amended to read as follows: 7 USC 612c note. “(a) In carrying out the supplemental feeding program (hereinafter referred to as the ‘commodity supplemental food program’) under section 4 of this Act, the Secretary (1) may institute two pilot projects 7 USC 612c note. directed at low-income elderly persons, including, where feasible, distribution of commodities to such persons in their homes, which projects shall operate no longer than two years, and (2) shall provide to the State agencies administering the commodity supplemental food program, for each of the fiscal years 1982 through 1985, funds appropriated from the general fund of the Treasury in amounts equal to the administrative costs of State and local agencies in operating the program, except that the funds provided to State agencies each fiscal year may not exceed 15 per centum of the amount appropriated for the provision of commodities to State agencies.”. Sec. 1336. food distribution program for certain indian households Notwithstanding any other provision of law, the Secretary of Agriculture may establish a food distribution program in the State of Oklahoma to provide food commodities to eligible Indian households and such other households as the Secretary determines appropriate in connection therewith. In determining eligibility for such program the Secretary may take into account such considerations as (1) the extent and nature of the governmental jurisdiction which a tribal organization exercises or has authority to exercise over the land on which the household resides; (2) whether the household resides in “Indian country” as defined in section 1151 of title 18, United States Code; (3) whether the household resides within an Indian service area designated by the Bureau of Indian Affairs, United States Department of the Interior; (4) the tribal membership or Indian status of persons in the household; and (5) whether the household resides in an urban area. The Secretary shall not allow any tribal organization to administer such distribution of commodities unless the Secretary determines that the tribal organization is capable of effectively and efficiently administering such distribution over defiled geographic areas. The Secretary may pay such amounts for administrative costs of such distribution as the Secretary finds necessary for effective and efficient administration of such distribution by a tribal organization. No household shall be eligible to participate simultaneously in the food stamp program under the 7 USC 2011 note. Food Stamp Act of 1977 and in the food distribution program established under authority of this section. Sec. 1337. authority of office of inspector general Any person who is employed in the Office of the Inspector General, Department of Agriculture, who conducts investigations of alleged or suspected felony criminal violations of statutes, including but not limited to the Food Stamp Act of 1977, administered by the Secretary of Agriculture or any agency of the Department of Agriculture and who is designated by the Inspector General of the Department of Agriculture may— (1) make an arrest without a warrant for any such criminal felony violation if such violation is committed, or if such employee has probable cause to believe that such violation is being committed, in the presence of such employee; (2) execute a warrant for an arrest, for the search of premises, or the seizure of evidence if such warrant is issued under authority of the United States upon probable cause to believe that such violation has been committed; and (3) carry a firearm; in accordance with rules issued by the Secretary of Agriculture, while such employee is engaged in the performance of official duties under the authority provided in section 6, or described in section 9, of the 5 USC app. Inspector General Act of 1978 (5 U.S.C. App. 6, 9). The Attorney General of the United States may disapprove any designation made by the Inspector General under this section. Sec. 1338. effective date Except as otherwise specifically provided, the amendments made by this title shall be effective upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation.
1981
Food Stamp and Commodity Distribution Amendments of 1981
Pub. L. 97–98 § 1307 · 95 Stat. 1213
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 97–98, § 1307, inserted “, with respect to expenses other than expenses paid on behalf of the household by a third party,” after “entitled” in two places
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–98, § 1307, inserted “, with respect to expenses other than expenses paid on behalf of the household by a third party,” after “entitled” in two places.
Enacted provision · exact public law section
Sec. 1307. disallowance of deductions for expenses paid by vendor payments Section 5(e) of the Food Stamp Act of 1977 is amended by adding in the fourth and fifth sentences after “entitled” the following: “, with respect to expenses other than expenses paid on behalf of the household by a third party,”.
1981
Food Stamp and Commodity Distribution Amendments of 1981
Pub. L. 97–98 § 1309 · 95 Stat. 1213
Inserted · 7 U.S.C. § 2014(g)
Pub. L. 97–98, § 1309, inserted “(other than those relating to licensed vehicles)” after “June 1, 1977”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–98, § 1309, inserted “(other than those relating to licensed vehicles)” after “June 1, 1977”.
Enacted provision · exact public law section
Sec. 1309. resources Section 5(g) of the Food Stamp Act of 1977 is amended by inserting “(other than those relating to licensed vehicles)” after “June 1, 1977” in the second sentence.
1981
Food Stamp and Commodity Distribution Amendments of 1981
Pub. L. 97–98 § 1308 · 95 Stat. 1213
Added · 7 U.S.C. § 2014(i)
Pub. L. 97–98, § 1308, added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 97–98, § 1308, added subsec. (i).
Enacted provision · exact public law section
Sec. 1308. attribution of income and resources to sponsored aliens Section 5 of the Food Stamp Act of 1977 is amended by adding a new subsection as follows: “(i) (1) For purposes of determining eligibility for and the amount of benefits under this Act for an individual who is an alien as described in section 6(f)(2)(B) of this Act, the income and resources of any person 7 USC 2015. 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 7 USC 2014. eligibility standard as determined under section 5(c) of this Act 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 Act, 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 persona 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 Ante, p. 363. in accordance with the provisions of section 13(b)(2) of this Act. “(E) The provisions of this subsection shall not apply with respect to any alien who is a member of the sponsor’s household, as defined in 7 USC 2012. section 3(i) of this Act.”.
1982
Pub. L. 97–253 title I · 96 Stat. 773-776
Substituted · 7 U.S.C. § 2014(c)
Pub. L. 97–253, §§ 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
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–253, §§ 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.
1982
Pub. L. 97–253 § 147 · 96 Stat. 773-776
Added · 7 U.S.C. § 2014(d)(12)
Pub. L. 97–253, § 147, added cl. (12)
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(12). Pub. L. 97–253, § 147, added cl. (12).
1982
Pub. L. 97–253 title I · 96 Stat. 773-776
1. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 97–253, §§ 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
2. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 97–253, §§ 143(b), 145(d), 146(b), 148, 149, in first sentence 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
3. Inserted · 7 U.S.C. § 2014(e)
  Pub. L. 97–253, §§ 143(b), 145(d), 146(b), 148, 149, in first sentence 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
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–253, §§ 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.
1982
Pub. L. 97–253 § 189(a) · 96 Stat. 773-776
Substituted · 7 U.S.C. § 2014(f)(2)(A)
Pub. L. 97–253, § 189(a), corrected a typographical error by substituting “prospective” for “propsective”
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 97–253, § 189(a), corrected a typographical error by substituting “prospective” for “propsective”.
1982
Pub. L. 97–253 § 150 · 96 Stat. 773-776
Inserted · 7 U.S.C. § 2014(f)(4)
Pub. L. 97–253, § 150, inserted “(except the provisions of paragraph (2)(A))” after “of this subsection”
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f)(4). Pub. L. 97–253, § 150, inserted “(except the provisions of paragraph (2)(A))” after “of this subsection”.
1982
Pub. L. 97–253 title I · 96 Stat. 773-776
1. Substituted · 7 U.S.C. § 2014(g)
  Pub. L. 97–253, §§ 151, 152(a), substituted “June 1, 1982” for “June 1, 1977”
2. Substituted · 7 U.S.C. § 2014(g)
  Pub. L. 97–253, §§ 151, 152(a), substituted “any licensed vehicle” for “and any licensed vehicle”
3. Struck · 7 U.S.C. § 2014(g)
  Pub. L. 97–253, §§ 151, 152(a), struck out the designation “(1)” before “include in financial resources”
4. Substituted · 7 U.S.C. § 2014(g)
  Pub. L. 97–253, §§ 151, 152(a), 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,”
5. Struck · 7 U.S.C. § 2014(g)
  Pub. L. 97–253, §§ 151, 152(a), 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
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–253, §§ 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.
1982
Pub. L. 97–253 § 153 · 96 Stat. 773-776
Added · 7 U.S.C. § 2014(j)
Pub. L. 97–253, § 153, added subsec. (j)
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (j). Pub. L. 97–253, § 153, added subsec. (j).
1983
Pub. L. 98–204 § 4 · 97 Stat. 1385
1. Added · 7 U.S.C. § 2014(f)(2)
  Pub. L. 98–204 added subpar. (B)
2. Redesignated · 7 U.S.C. § 2014(f)(2)
  Pub. L. 98–204 redesignated former subpar. (B) as (C)
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 98–204 added subpar. (B), and redesignated former subpar. (B) as (C).
Enacted provision · exact public law section
Sec. 4. Section 5(f)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(2)) is amended by redesignating subparagraph (B) as subparagraph (C), and inserting after subparagraph (A) the following new subparagraph: “(B) Household income for households that (i) are permitted to Household income. 7 USC 2015. report household circumstances at specified intervals less frequent than monthly under section 6(c)(1) of this Act, (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 6(c)(1) of this Act, 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.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1507(a)(1) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(a)
Pub. L. 99–198, § 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–198, § 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.
Enacted provision · exact public law section
(1) Section 5(a) of the Food Stamp Act of 1977 (7 Blind persons. Disabled persons. U.S.C. 2014) is amended by inserting after the first sentence the following: “Notwithstanding any other provisions of this Act except sections 6(b), 6(d)(2), and 6(g) and the third sentence of section 3(i), Post, pp. 1572, 1573; ante, p. 1566. and during the period beginning on the date of the enactment of the Food Security Act of 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, 42 USC 601. supplemental security income benefits under title XVI of the Social 42 USC 1381. 42 USC 301, 1201, 1351. Prohibition. 7 USC 2014 note. 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.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1508(1) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(d)(1)
Pub. L. 99–198, § 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
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 99–198, § 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.
Enacted provision · exact public law section
(1) inserting “except as provided in subsection (k),” after “household,” in subsection (d)(1); and
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(a)(1) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(d)(1)
Pub. L. 99–198, § 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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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.
Enacted provision · exact public law section
(1) inserting “and except as provided in subsection (k),” after the comma at the end of clause (1);
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(a)(2) · 99 Stat. 1354
1. Substituted · 7 U.S.C. § 2014(d)(3)
  Pub. L. 99–198, § 1509(a)(2), substituted “post-secondary education” for “higher education”
2. Inserted · 7 U.S.C. § 2014(d)(3)
  Pub. L. 99–198, § 1509(a)(2), inserted “and to the extent loans include any obligation fees and insurance premiums,”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 99–198, § 1509(a)(2), substituted “post-secondary education” for “higher education” and inserted “and to the extent loans include any obligation fees and insurance premiums,”.
Enacted provision · exact public law section
(2) in clause (3)— (A) striking out “higher education” and inserting in lieu thereof “post-secondary education”; and (B) adding at the end thereof “and to the extent loans Loans. include any origination fees and insurance premiums,”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(a)(3) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(d)(5)
Pub. L. 99–198, § 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,”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 99–198, § 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,”.
Enacted provision · exact public law section
(3) inserting “no portion of any non-Federal educational loan Prohibition. Loans. Grants. 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,” in the proviso to clause (5) after “child care expenses,”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(a)(4) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(d)(9)
Pub. L. 99–198, § 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”
Source evidence
Code amendment note
Subsec. (d)(9). Pub. L. 99–198, § 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”.
Enacted provision · exact public law section
(4) inserting “, 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” before the comma in clause (9);
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(a)(5) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(d)(10)
Pub. L. 99–198, § 1509(a)(5), inserted “except as otherwise provided in subsection (k) of this section”
Source evidence
Code amendment note
Subsec. (d)(10). Pub. L. 99–198, § 1509(a)(5), inserted “except as otherwise provided in subsection (k) of this section”.
Enacted provision · exact public law section
(5) inserting “except as otherwise provided in subsection (k) of this section” after “food stamp program” in clause (10).
1985
Food Security Act of 1985
Pub. L. 99–198 § 1510(1) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(d)(13)
Pub. L. 99–198, § 1510(1), added cl. (13)
Source evidence
Code amendment note
Subsec. (d)(13). Pub. L. 99–198, § 1510(1), added cl. (13).
Enacted provision · exact public law section
(1) in subsection (d) by— (A) striking out “and” at the end of clause (11); and (B) inserting before the period at the end thereof the following: “, and (13) at the option of a State agency and subject to subsection (m), 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))”; and 98 Stat. 1146.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(1) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 1511(1), substituted “homeowners’ costs and maintenance and repair component” for “homeownership component” in second sentence
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–198, § 1511(1), substituted “homeowners’ costs and maintenance and repair component” for “homeownership component” in second sentence.
Enacted provision · exact public law section
(1) in the second sentence, striking out “homeownership component” and inserting in lieu thereof “homeowners’ costs and maintenance and repair component”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(2) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 1511(2), substituted “20 per centum” for “18 per centum” in third sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 1511(2), substituted “20 per centum” for “18 per centum” in third sentence.
Enacted provision · exact public law section
(2) effective May 1, 1986, in the third sentence, striking out “18” and inserting in lieu thereof “20”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(3)(B) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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”.
Enacted provision · exact public law section
(B) in clause (1), striking out “the same as” and all that follows through “clause (2) of this subsection”, and inserting in lieu thereof “$160 a month”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(3)(C) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 1511(3)(C), substituted “and (2)” for “, or (2)” in fourth sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 1511(3)(C), substituted “and (2)” for “, or (2)” in fourth sentence.
Enacted provision · exact public law section
(C) striking out “, or (2)” and inserting in lieu thereof “and (2)”; and
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(3)(A) · 99 Stat. 1354
Amended · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 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,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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,”.
Enacted provision · exact public law section
(A) amending the proviso to clause (2) to read as follows: “: Provided, 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 home- owners’ 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,”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(3)(D) · 99 Stat. 1354
Struck · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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”.
Enacted provision · exact public law section
(D) striking out “, or (3)” and all that follows down to the period at the end thereof; and
1985
Food Security Act of 1985
Pub. L. 99–198 § 1511(4) · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 99–198, § 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)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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).
Enacted provision · exact public law section
(4) after the seventh sentence, inserting the following: “If a State agency elects to use a standard utility allowance that reflects heating or cooling costs, it 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, provided that the household still incurs out-of-pocket heating or cooling expenses. A State agency may use a separate standard utility allowance for households on behalf of which such payment is made, but may not be required to do so. A State agency not electing to use a separate allowance, and making a single standard utility allowance available to households incurring heating or cooling expenses (other than households described in the sixth sentence of this subsection) may not be required to reduce such allowance due to the provision (direct or indirect) of assistance under the Low-Income Home Energy Assistance Act of 1981. For purposes of the food stamp program, assistance provided under the Low-Income Home Energy Assistance Act of 1981 shall be considered to be prorated over the entire heating or cooling season for which it was provided. A State agency shall allow a household to switch between any standard utility allowance and a deduction based on its actual utility costs at the end of any certification period and up to one additional time during each twelve-month period”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1512 · 99 Stat. 1354
Inserted · 7 U.S.C. § 2014(f)(1)(A)
Pub. L. 99–198, § 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
Source evidence
Code amendment note
Subsec. (f)(1)(A). Pub. L. 99–198, § 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.
Enacted provision · exact public law section
Sec. 1512. income from self-employment Section 5(f)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(1)(A)) is amended by adding at the end thereof the following: “Notwithstanding the 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.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1513(a)(1) · 99 Stat. 1354
1. Amended · 7 U.S.C. § 2014(f)(2)(A)
  Pub. L. 99–198, § 1513(a)(1), amended subpar. (A) generally
2. Inserted · 7 U.S.C. § 2014(f)(2)(A)
  Pub. L. 99–198, § 1513(a)(1), inserting reference to households that have no earned income and in which all adult members are elderly or disabled members
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 99–198, § 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.
Enacted provision · exact public law section
(1) amending subparagraph (A) to 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).”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1513(a)(2) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(f)(2)(B)
Pub. L. 99–198, § 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”
Source evidence
Code amendment note
Subsec. (f)(2)(B). Pub. L. 99–198, § 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”.
Enacted provision · exact public law section
(2) in subparagraph (B)— (A) striking out “(i)”; (B) inserting “the first sentence of” after “under” the first place it appears; and (C) striking out “(ii)” and all that follows through “this Act,”; and
1985
Food Security Act of 1985
Pub. L. 99–198 § 1513(a)(3) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(f)(2)(C)
Pub. L. 99–198, § 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)”
Source evidence
Code amendment note
Subsec. (f)(2)(C). Pub. L. 99–198, § 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)”.
Enacted provision · exact public law section
(3) striking out subparagraph (C) and inserting in lieu thereof the following: “(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).”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1513(a)(3) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(f)(2)(D)
Pub. L. 99–198, § 1513(a)(3), added subpar. (D)
Source evidence
Code amendment note
Subsec. (f)(2)(D). Pub. L. 99–198, § 1513(a)(3), added subpar. (D).
Enacted provision · exact public law section
(3) striking out subparagraph (C) and inserting in lieu thereof the following: “(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).”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1514(1) · 99 Stat. 1354
Substituted · 7 U.S.C. § 2014(g)
Pub. L. 99–198, § 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”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 99–198, § 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”.
Enacted provision · exact public law section
(1) effective May 1, 1986, in the first sentence, striking out “$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” and inserting in lieu thereof “$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”;
1985
Food Security Act of 1985
Pub. L. 99–198 § 1514(2) · 99 Stat. 1354
1. Inserted · 7 U.S.C. § 2014(g)
  Pub. L. 99–198, § 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”
2. Inserted · 7 U.S.C. § 2014(g)
  Pub. L. 99–198, § 1514(2), (3), inserted provision directing the Secretary to exclude from financial resources the value of a burial plot for each member of a household
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–198, § 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.
Enacted provision · exact public law section
(2) in the second sentence— (A) inserting “and inaccessible resources” after “relating to licensed vehicles”; and (B) after “physically disabled household member” inserting “and any other property, real or personal, to the extent that it is directly related to the maintenance or use of such vehicle”; and
1985
Food Security Act of 1985
Pub. L. 99–198 § 1515 · 99 Stat. 1354
Amended · 7 U.S.C. § 2014(h)(2)
Pub. L. 99–198, § 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.”
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 99–198, § 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.”
Enacted provision · exact public law section
Sec. 1515. disaster task force Section 5(h)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)(2)) is amended to read as follows: “(2) The Secretary shall— “(A) establish a Food Stamp Disaster Task Force to assist States in implementing and operating the disaster program and the regular food stamp 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.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1508(2) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(k)(1); 7 U.S.C. § 2014(k)(2)
Pub. L. 99–198, § 1508(2), added subsec. (k) consisting of pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (k)(1), (2). Pub. L. 99–198, § 1508(2), added subsec. (k) consisting of pars. (1) and (2).
Enacted provision · exact public law section
(2) adding at the end thereof the following new subsection: “(k) (1) For purposes of subsection (d)(1), 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 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.); or “(B) a benefit payable to the household for living 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) energy assistance; “(D) assistance provided by a State or local housing authority; or “(E) emergency and special assistance, to the extent excluded in regulations prescribed by the Secretary.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(b) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(k)(3)
Pub. L. 99–198, § 1509(b), added par. (3)
Source evidence
Code amendment note
Subsec. (k)(3). Pub. L. 99–198, § 1509(b), added par. (3).
Enacted provision · exact public law section
(b) Section 5(k) of such Act, as added by section 1508, is amended by adding at the end thereof the following new paragraph: “(3) For purposes of subsection (d)(1)) educational loans on which Loans. Grants. 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. .
1985
Food Security Act of 1985
Pub. L. 99–198 § 1509(c) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(l)
Pub. L. 99–198, § 1509(c), added subsec. (l)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 99–198, § 1509(c), added subsec. (l).
Enacted provision · exact public law section
(c) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014), as amended by section 1508, is amended by adding at the end thereof the following new subsection: “(1) Notwithstanding section 142(b) of the Job Training Partnership Act (29 U.S.C. 1552(b)), earnings to individuals participating in on-the-job training programs under section 204(5) of the Job Training Partnership Act shall be considered earned income for purposes 29 USC 1604. of the food stamp program, except for dependents less than 19 years of age.”.
1985
Food Security Act of 1985
Pub. L. 99–198 § 1510(2) · 99 Stat. 1354
Added · 7 U.S.C. § 2014(m)
Pub. L. 99–198, § 1510(2), added subsec. (m)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 99–198, § 1510(2), added subsec. (m).
Enacted provision · exact public law section
(2) adding at the end thereof the following new subsection: “(m) If a State agency excludes payments from income for purposes of the food stamp program under subsection (d)(13), such State agency shall pay to the Federal Government, in a manner pre-scribed 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.”.
1986
Pub. L. 99–500 § 101(a)(tVI)(s638)(a) · 100 Stat. 1783
Substituted · 7 U.S.C. § 2014(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)”
Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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)”.
1987
Pub. L. 100–77 § 803(a) · 101 Stat. 482
Inserted · 7 U.S.C. § 2014(c)
Pub. L. 100–77, § 803(a), inserted “shall be adjusted each October 1 and” after first reference to “eligibility”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–77, § 803(a), inserted “shall be adjusted each October 1 and” after first reference to “eligibility”.
Enacted provision · exact public law section
(a) Date of Annual Adjustment.— Section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) is amended by inserting “shall be adjusted each October 1 and” after “eligibility” the first place it appears.
1987
Pub. L. 100–77 § 804(a) · 101 Stat. 482
1. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 100–77, § 804(a), in second sentence substituted “(3)” for “and (3)”
2. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 100–77, § 804(a), in second sentence substituted “October 1, 1986” for “each October 1 thereafter”
3. Inserted · 7 U.S.C. § 2014(e)
  Pub. L. 100–77, § 804(a), in second sentence inserted cl. (4)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–77, § 804(a), in second sentence substituted “(3)” for “and (3)” and “October 1, 1986” for “each October 1 thereafter”, and inserted cl. (4).
Enacted provision · exact public law section
(a) Revision of Deduction.— The second sentence of section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended— (1) by striking out “and (3)” and inserting in lieu thereof “(3)”; (2) by striking out “each October 1 thereafter” in clause (3) and inserting in lieu thereof “October 1, 1986”; and (3) by inserting before the period at the end thereof the following: “, and (4) on October 1, 1987, and each October 1 thereafter, to the nearest lower dollar increment to reflect changes in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics, for items other than food, for the twelve months ending the preceding June 30”.
1987
Pub. L. 100–77 § 805(a) · 101 Stat. 482
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 100–77, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–77, § 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”.
Enacted provision · exact public law section
(a) Ineligibility for the Deduction.— The third sentence of section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended by inserting before the period at the end the following: “, 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 6(b)) to report in a 7 USC 2015. timely manner”.
1987
Pub. L. 100–77 § 806(a) · 101 Stat. 482
Amended · 7 U.S.C. § 2014(e)
Pub. L. 100–77, § 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–77, § 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.”
Enacted provision · exact public law section
(a) Revision of Deduction.— The proviso to the fourth sentence of District of Columbia. Alaska. Hawaii. Guam. Virgin Islands. section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended by striking out “That the amount of such” and all that follows through the end of the sentence and inserting in lieu thereof the following: “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.”.
1987
Pub. L. 100–77 § 807 · 101 Stat. 482
1. Added · 7 U.S.C. § 2014(k)(2)
  Pub. L. 100–77, § 807, temporarily added subpar. (E)
2. Redesignated · 7 U.S.C. § 2014(k)(2)
  Pub. L. 100–77, § 807, temporarily redesignated former subpar. (E) as (F). See Effective and Termination Dates of 1987 Amendment note below
Source evidence
Code amendment note
Subsec. (k)(2). Pub. L. 100–77, § 807, temporarily added subpar. (E) and redesignated former subpar. (E) as (F). See Effective and Termination Dates of 1987 Amendment note below.
Enacted provision · exact public law section
SEC. 807. THIRD PARTY PAYMENTS FOR CERTAIN HOUSING. (a) Exclusion From Income.— Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)(2)) is amended— (1) in subparagraph (D), by striking out “or” at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph: “(E) 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”. (b) Effective Dates and Application.— (1) The amendments made by this section shall be effective and shall be implemented for the period beginning 90 days after the date of enactment of this Act and ending September 30, 1989. (2) The amendments made by this section shall not apply with 7 USC 2011 note. respect to allotments issued under the Food Stamp Act of 1977 to any household for any month beginning before the effective period of this section begins.
1988
Pub. L. 100–232 § 2(a) · 101 Stat. 1566
Inserted · 7 U.S.C. § 2014(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,”
Source evidence
Code amendment note
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,”.
Enacted provision · exact public law section
(a) Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is amended— (1) in clause (8) by inserting “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,”.
1988
Disaster Assistance Act of 1988
Pub. L. 100–387 title V § 501(a) · 102 Stat. 924
1. Added · 7 U.S.C. § 2014(k)(2)(E)(G)
  Pub. L. 100–387 added subpar. (E)
2. Redesignated · 7 U.S.C. § 2014(k)(2)(E)(G)
  Pub. L. 100–387 redesignated former subpars. (E) and (F) as (F) and (G), respectively
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(a) Exclusion of Assistance.— Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)(2)) is amended by— (1) striking out “(E)” and inserting in lieu thereof “(F)”; (2) striking out “(F)” and inserting in lieu thereof “(G)”; and (3) inserting the following new subparagraph after subparagraph (D): “(E) emergency assistance for migrant or seasonal farmworker households during the period such households are in the job stream;”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 201 · 102 Stat. 1645
Struck · 7 U.S.C. § 2014(a)
Pub. L. 100–435, § 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,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–435, § 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,”.
Enacted provision · exact public law section
SEC. 201. CATEGORICAL ELIGIBILITY. The second sentence of section 5(a) of the Food Stamp Act of 1977 (7 U.S.C. 2014(a)) is amended— (1) by striking out “during the period”; and (2) by striking out “and ending on September 30, 1989”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 340(2) · 102 Stat. 1645
Inserted · 7 U.S.C. § 2014(d)(1)
Pub. L. 100–435, § 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”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 100–435, § 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”.
Enacted provision · exact public law section
(2) by inserting after “to a household” the following: “(not-withstanding 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)”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 340(1) · 102 Stat. 1645
Struck · 7 U.S.C. § 2014(d)(1)
Pub. L. 100–435, § 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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–435, § 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.
Enacted provision · exact public law section
(1) by striking out “and except as provided in subsection (k),”, and
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 404(f) · 102 Stat. 1645
Inserted · 7 U.S.C. § 2014(d)(5)
Pub. L. 100–435, § 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”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 100–435, § 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”.
Enacted provision · exact public law section
(f) Households.— Section 5(d)(5) (7 U.S.C. 201«(d)(5)) is amended by inserting after “child care expenses” the following: “(except for payments or reimbursements for such expenses made under an employment, education, or training program initiated under such title after the date of enactment of the Hunger Prevention Act of 1988)”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 343 · 102 Stat. 1645
Substituted · 7 U.S.C. § 2014(d)(11)
Pub. L. 100–435, § 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”
Source evidence
Code amendment note
Subsec. (d)(11). Pub. L. 100–435, § 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”.
Enacted provision · exact public law section
SEC. 343. TECHNICAL CORRECTION TO EXCLUSION OF ENERGY ASSISTANCE FROM FOOD STAMP INCOME. Section 5(d)(11) (7 U.S.C. 2014(d)(1)(D) is amended— (1) in the matter preceding subparagraph (A), by striking out “under” and inserting in lieu thereof “for the purpose of providing energy assistance”; (2) in subparagraph (A), to read as follows: “(A) under any Federal law, or”; and (3) in subparagraph (B)— (A) by striking out “any” and inserting in lieu thereof “under any”; and (B) by striking out “for the purpose of providing energy assistance”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 402 · 102 Stat. 1645
Added · 7 U.S.C. § 2014(d)(14)
Pub. L. 100–435, § 402, added cl. (14)
Source evidence
Code amendment note
Subsec. (d)(14). Pub. L. 100–435, § 402, added cl. (14).
Enacted provision · exact public law section
SEC. 402. EXCLUSION FOR ADVANCE PAYMENT OF EARNED INCOME CREDIT. Section 5(d) (7 U.S.C. 2014(d)) is amended— (1) by striking out “and (13)” and inserting in lieu thereof “(13)”; and (2) by inserting before the period at the end thereof the following: “, (14) any payment made to the household under section 3507 of the Internal Revenue Code of 1986 (relating to advance payment of earned income credit)”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 403(a) · 102 Stat. 1645
Added · 7 U.S.C. § 2014(d)(15)
Pub. L. 100–435, § 403(a), added cl. (15)
Source evidence
Code amendment note
Subsec. (d)(15). Pub. L. 100–435, § 403(a), added cl. (15).
Enacted provision · exact public law section
(a) In General.— Section 5(d) (7 U.S.C. 2014(d)) (as amended by section 402) is further amended by inserting before the period at the end thereof the following: and (15) any payment made to the household under section 6(d)(4)(D) for work related expenses or for dependent care”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 403(b) · 102 Stat. 1645
1. Inserted · 7 U.S.C. § 2014(e)
  Pub. L. 100–435, § 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”
2. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 100–435, § 403(b), in fourth sentence substituted “$160 a month for each dependent” for “$160 a month”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–435, § 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”.
Enacted provision · exact public law section
(b) Deduction.— Section 5(e) (7 U.S.C. 2014(e)) is amended— (1) in the matter preceding paragraph (1) of the fourth sentence by inserting “and expenses that are paid under section 6(d)(4)(I) for dependent care” after “third party”; and (2) in paragraph (1) of the fourth sentence, by inserting after “$160 a month” the following: “for each dependent”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 351 · 102 Stat. 1645
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 100–435, § 351, inserted provisions at end respecting method of claiming recurring medical expense deduction
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–435, § 351, inserted provisions at end respecting method of claiming recurring medical expense deduction.
Enacted provision · exact public law section
SEC. 351. SIMPLIFIED PROCEDURE FOR CLAIMING EXCESS MEDICAL DEDUCTION. Section 5(e) (7 U.S.C. 2014(e)) is amended by adding at the end thereof the following new sentences: “State agencies shall offer eligible households a method of claiming a deduction for recurring medical expenses that are initially verified under the excess medical expense deduction provided for in subparagraph (A), in lieu of submitting information or verification on actual expenses on a monthly basis. The method described in the preceding sentence shall be designed to minimize the administrative burden for eligible elderly and disabled household members choosing to deduct their recurrent medical expenses pursuant to such method.”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 341 · 102 Stat. 1645
1. Inserted · 7 U.S.C. § 2014(f)(1)(A)
  Pub. L. 100–435, § 341, inserted provisions relating to permitted averaging of income and expenses in calculation of household income from member self-employed in farming operation
2. Substituted · 7 U.S.C. § 2014(f)(1)(A)
  Pub. L. 100–435, § 341, substituted “first” for “preceding”
Source evidence
Code amendment note
Subsec. (f)(1)(A). Pub. L. 100–435, § 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”.
Enacted provision · exact public law section
SEC. 341. ANNUALIZING SELF-EMPLOYMENT INCOME AND EXPENSES FROM FARMING. Section 5(f)(1)(A) (7 U.S.C. 2014(f)(1)(A)) is amended— (1) in the second sentence by striking out “preceding” and inserting in lieu thereof ”first”; and (2) by inserting after the first sentence the following new sentence: “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.”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 202(a) · 102 Stat. 1645
1. Added · 7 U.S.C. § 2014(f)(2)
  Pub. L. 100–435, § 202(a), added par. (2)
2. Struck · 7 U.S.C. § 2014(f)(2)
  Pub. L. 100–435, § 202(a), struck out former par. (2) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 100–435, § 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).”
Enacted provision · exact public law section
(a) Calculation of Household Income.— Section 5(f) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)) is amended by striking out paragraph (2) and inserting in lieu thereof the following new paragraph: “(2) (A) Households not required to submit monthly reports of their income and household circumstances under section 6(c)(1) 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 6(c)(1) 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.”.
1988
Hunger Prevention Act of 1988
Pub. L. 100–435 § 342 · 102 Stat. 1645
Inserted · 7 U.S.C. § 2014(g)
Pub. L. 100–435, § 342, inserted provisions at end relating to exclusion of farm property from financial resources
Source evidence
Code amendment note
Subsec. (g). Pub. L. 100–435, § 342, inserted provisions at end relating to exclusion of farm property from financial resources.
Enacted provision · exact public law section
SEC. 342. HOUSEHOLDS IN TRANSITION. Section 5(g) (7 U.S.C. 2014(g)) is amended by adding at the end Real property. Employment and unemployment. thereof the following new sentence: ”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.”.
1988
The Disaster Relief and Emergency Assistance Amendments of 1988
Pub. L. 100–707 title I § 109(d) · 102 Stat. 4689
Substituted · 7 U.S.C. § 2014(h)
Pub. L. 100–707 substituted “sections 5170a and 5192” for “section 5142(a)”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 100–707 substituted “sections 5170a and 5192” for “section 5142(a)”.
Enacted provision · exact public law section
(d) Food Stamp Act of 1977.— Section 5(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)(1)) is amended by striking out “section 302(a) of the Disaster Relief Act of 1974” and inserting in lieu thereof “sections 402 and 502 of the Disaster Relief and Emergency Assistance Act”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1714(2) · 104 Stat. 3359
Inserted · 7 U.S.C. § 2014(a)
Pub. L. 101–624, § 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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–624, § 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.”
Enacted provision · exact public law section
(2) by inserting after the second sentence the following new sentence: “Except for sections 6, 16(e)(1), and the third sentence of section 3(i), 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.”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1714(1) · 104 Stat. 3359
Struck · 7 U.S.C. § 2014(a)
Pub. L. 101–624, § 1714(1), struck out “and beginning on December 23, 1985,” before “households in which each member receives”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–624, § 1714(1), struck out “and beginning on December 23, 1985,” before “households in which each member receives”.
Enacted provision · exact public law section
(1) by striking “and beginning on the date of the enactment of the Food Security Act of 1985,”; and
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1715(a)(1) · 104 Stat. 3359
1. Inserted · 7 U.S.C. § 2014(d)(3)
  Pub. L. 101–624, § 1715(a)(1), inserted “(A)” after “the like”
2. Substituted · 7 U.S.C. § 2014(d)(3)
  Pub. L. 101–624, § 1715(a)(1), 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”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
(1) in paragraph (3)— (A) by inserting “(A)” after “the like”; and (B) by striking “at an institution” and all that follows through “handicapped, and”, and inserting the following: “(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)”; and
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1716 · 104 Stat. 3359
Inserted · 7 U.S.C. § 2014(d)(5)
Pub. L. 101–624, § 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”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
SEC. 1716. EXCLUSION OF CLOTHING ALLOWANCES. Section 5(d)(5) (7 U.S.C. 2014(d)(5)) is amended by inserting after “household” the following: “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)”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1715(a)(2) · 104 Stat. 3359
1. Inserted · 7 U.S.C. § 2014(d)(5)
  Pub. L. 101–624, § 1715(a)(2), inserted “and” after “1988),”
2. Struck · 7 U.S.C. § 2014(d)(5)
  Pub. L. 101–624, § 1715(a)(2), struck out “non-Federal” after “no portion of any”
3. Struck · 7 U.S.C. § 2014(d)(5)
  Pub. L. 101–624, § 1715(a)(2), 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
(2) in the proviso to clause (5)— (A) by inserting “and” after “1988),”; (B) by striking “non-Federal”; and (C) by striking “and no portion of any Federal” and all that follows through “mandatory school fees,”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1717 · 104 Stat. 3359
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 101–624, § 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”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
SEC. 1717. EXCESS MEDICAL EXPENSE DEDUCTION. The last sentence of section 5(e) (7 U.S.C. 2014(e)) is amended by inserting before the period at the end the following: “, 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”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1715(b) · 104 Stat. 3359
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 101–624, § 1715(b), inserted “, amounts made available and excluded for the expenses under subsection (d)(3) of this section,” after “third party” in fourth sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–624, § 1715(b), inserted “, amounts made available and excluded for the expenses under subsection (d)(3) of this section,” after “third party” in fourth sentence.
Enacted provision · exact public law section
(b) Clarifying and Technical Amendment.— The fourth sentence of section 5(e) is amended by inserting after “third party” the following: “, amounts made available and excluded for the expenses under subsection (d)(3),”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1718(a) · 104 Stat. 3359
Amended · 7 U.S.C. § 2014(f)(2)
Pub. L. 101–624, § 1718(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 101–624, § 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.”
Enacted provision · exact public law section
(a) In General.— Paragraph (2) of section 5(f) (7 U.S.C. 2014(0) is amended to read as follows: “(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), (iii), and (iv) of section 6(c)(1)(A) 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 6(c)(1) shall have their income calculated on a retrospective basis, as provided in paragraph (3)(B).”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1726(b)(2) · 104 Stat. 3359
Inserted · 7 U.S.C. § 2014(g)
Pub. L. 101–624, § 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”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
(2) Exemption for resources used in projects.— Section 5(g)(3) (as designated by section 1719(1) of this Act) is amended by inserting before the period at the end of the paragraph the following: “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 6(d)”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1719(1) · 104 Stat. 3359
1. Amended · 7 U.S.C. § 2014(g)
  Pub. L. 101–624, § 1719(1), designated first through fourth sentences as pars. (1) to (4), respectively
2. Added · 7 U.S.C. § 2014(g)
  Pub. L. 101–624, § 1719(1), added par. (5)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–624, § 1719(1), designated first through fourth sentences as pars. (1) to (4), respectively, and added par. (5).
Enacted provision · exact public law section
(1) in subsection (g)— (A) by designating the first through fourth sentences as paragraphs (1) through (4), respectively; and (B) by adding at the end the following new paragraph: “(5) The Secretary shall promulgate rules by which State agencies Regulations. 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.”; and
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1720 · 104 Stat. 3359
Added · 7 U.S.C. § 2014(h)(3)
Pub. L. 101–624, § 1720, added par. (3)
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 101–624, § 1720, added par. (3).
Enacted provision · exact public law section
SEC. 1720. EMERGENCY FOOD FOR DISASTER VICTIMS. Section 5(h) (7 U.S.C. 2014(h)) is amended by adding at the end the following new paragraph: “(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 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 and any damage to or disruption of transportation and communication facilities.”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1719(2) · 104 Stat. 3359
1. Substituted · 7 U.S.C. § 2014(j)
  Pub. L. 101–624, § 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”
2. Substituted · 7 U.S.C. § 2014(j)
  Pub. L. 101–624, § 1719(2), substituted “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”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
(2) in subsection (j)— (A) by striking “a household in which all members of the household receive” and inserting “the resources of a household member who receives supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1382 et seq.), 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.) or who receives”; and (B) by striking “have satisfied the resource limitations prescribed under subsection (g)” and inserting “be exempt for purposes of satisfying the resource limitations prescribed under subsection (g) if the resources are considered exempt for purposes of such title”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1721 · 104 Stat. 3359
1. Added · 7 U.S.C. § 2014(k)(2)(F)
  Pub. L. 101–624, § 1721, added subpar. (F)
2. Struck · 7 U.S.C. § 2014(k)(2)(F)
  Pub. L. 101–624, § 1721, 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”
Source evidence
Code amendment note
Subsec. (k)(2)(F). Pub. L. 101–624, § 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”.
Enacted provision · exact public law section
SEC. 1721. TRANSITIONAL HOUSING. Section 5(k)(2) (7 U.S.C. 2014(k)(2)) is amended by striking subparagraph (F) and inserting the following new subparagraph: “(F) 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.); or”.
1990
Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1722 · 104 Stat. 3359
Added · 7 U.S.C. § 2014(k)(2)(H)
Pub. L. 101–624, § 1722, added subpar. (H)
Source evidence
Code amendment note
Subsec. (k)(2)(H). Pub. L. 101–624, § 1722, added subpar. (H).
Enacted provision · exact public law section
SEC. 1722. EXCLUSION OF GENERAL ASSISTANCE PAYMENTS. Section 5(k)(2) (7 U.S.C. 2014(k)(2)) is amended— (1) by striking “or” at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting “; or”; and (3) by adding at the end the following new subparagraph: “(H) 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.”.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(d)(2) · 105 Stat. 187
Substituted · 7 U.S.C. § 2014(d)(12)
Pub. L. 102–40 substituted “section 5312 of title 38” for “section 3112 of title 38”
Source evidence
Code amendment note
Subsec. (d)(12). Pub. L. 102–40 substituted “section 5312 of title 38” for “section 3112 of title 38”.
Enacted provision · exact public law section
(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (b) shall be deemed to refer to the section as so redesignated.
1991
Pub. L. 102–237 § 902 · 105 Stat. 1818
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 102–237, § 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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–237, § 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”.
1991
Pub. L. 102–237 § 941(2)(A) · 105 Stat. 1818
Changed · 7 U.S.C. § 2014(d)(2)
Pub. L. 102–237, § 941(2)(A), made technical amendment to reference to subsection (f) of this section involving corresponding provision of original act
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 102–237, § 941(2)(A), made technical amendment to reference to subsection (f) of this section involving corresponding provision of original act.
Enacted provision · exact public law section
(A) in subsection (d)(2), by striking “section 5(f) of this Act” and inserting “subsection (f)”;
1991
Pub. L. 102–237 § 903(1)(A) · 105 Stat. 1818
Substituted · 7 U.S.C. § 2014(d)(3)(A)
Pub. L. 102–237, § 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)”
Source evidence
Code amendment note
Subsec. (d)(3)(A). Pub. L. 102–237, § 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)”.
Enacted provision · exact public law section
(A) in subparagraph (A), by striking “to the extent” and all that follows through “involved)” and inserting “awarded to a household member enrolled”; and
1991
Pub. L. 102–237 § 903(1)(B) · 105 Stat. 1818
1. Inserted · 7 U.S.C. § 2014(d)(3)(B)
  Pub. L. 102–237, § 903(1)(B), inserted “used for or” after “amount”
2. Substituted · 7 U.S.C. § 2014(d)(3)(B)
  Pub. L. 102–237, § 903(1)(B), 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”
Source evidence
Code amendment note
Subsec. (d)(3)(B). Pub. L. 102–237, § 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”.
Enacted provision · exact public law section
(B) in subparagraph (B)— (i) by inserting after “amount” the following: “used for or”; and (ii) by striking “or program for” and inserting “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),”;
1991
Pub. L. 102–237 § 903(2) · 105 Stat. 1818
Added · 7 U.S.C. § 2014(d)(16)
Pub. L. 102–237, § 903(2), (3), added cl. (16)
Source evidence
Code amendment note
Subsec. (d)(16). Pub. L. 102–237, § 903(2), (3), added cl. (16).
Enacted provision · exact public law section
(2) by striking “and” at the end of paragraph (14); and
1991
Pub. L. 102–237 § 904 · 105 Stat. 1818
Inserted · 7 U.S.C. § 2014(g)(5)
Pub. L. 102–237, § 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.”
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 102–237, § 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.”
Enacted provision · exact public law section
SEC. 904. RESOURCES THAT CANNOT BE SOLD FOR A SIGNIFICANT RETURN. Section 5(g)(5) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)(5)) is amended by adding at the end the following new sentences: “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.”.
1991
Pub. L. 102–237 § 941(2)(B) · 105 Stat. 1818
Changed · 7 U.S.C. § 2014(h)(1)
Pub. L. 102–237, § 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
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 102–237, § 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.
Enacted provision · exact public law section
(B) in subsection (h)(1), by striking “Disaster Relief and Emergency Assistance Act” and inserting “Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)”; and
1991
Pub. L. 102–237 § 905 · 105 Stat. 1818
Amended · 7 U.S.C. § 2014(j)
Pub. L. 102–237, § 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.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 102–237, § 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.”
Enacted provision · exact public law section
SEC. 905. RESOURCE EXEMPTION FOR HOUSEHOLDS EXEMPT UNDER AFDC OR SSI. Subsection (j) of section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014(j)) is amended to read as follows: “(j) Notwithstanding subsections (a) through (i), 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. 1382 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.), or who receives benefits under a State plan approved under part A of title IV of such Act (42 U.S.C. 601 et seq.) to have satisfied the resource limitations prescribed under subsection (g).”.
1991
Pub. L. 102–237 § 941(2)(C) · 105 Stat. 1818
Changed · 7 U.S.C. § 2014(k)(2)(E)
Pub. L. 102–237, § 941(2)(C), realigned the margin
Source evidence
Code amendment note
Subsec. (k)(2)(E). Pub. L. 102–237, § 941(2)(C), realigned the margin.
Enacted provision · exact public law section
(C) in subsection (k)(2), by moving the margin of subparagraph (E) to the left so as to align with the margin of subparagraph (D);
1991
Pub. L. 102–237 § 906 · 105 Stat. 1818
Inserted · 7 U.S.C. § 2014(k)(2)(F)
Pub. L. 102–237, § 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”
Source evidence
Code amendment note
Subsec. (k)(2)(F). Pub. L. 102–237, § 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”.
Enacted provision · exact public law section
SEC. 906. TECHNICAL AMENDMENT ON TRANSITIONAL HOUSING. Section 5(k)(2)(F) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)(2)(F)) is amended by inserting before the semicolon the following: “, 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
Pub. L. 102–265 § 1(a) · 106 Stat. 90
Substituted · 7 U.S.C. § 2014(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))”
Source evidence
Code amendment note
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))”.
Enacted provision · exact public law section
(a) In General.— Section 5(d)(16) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)(16)) (as amended by section 903(3) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237)) is further amended by striking “section 1612(b)(4)(B)(iv) of the Social Security Act (42 U.S.C. 1382a(b)(4)(B)(iv))’ and inserting “subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4))”.
1992
Job Training Reform Amendments of 1992
Pub. L. 102–367 title VII § 702(b) · 106 Stat. 1021
Substituted · 7 U.S.C. § 2014(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(b) Food Stamp Act of 1977.— Section 5(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(D) is amended by striking “section 204(5)” and inserting “section 204(b)(l)(C) or section 264(c)(1)(A)”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13911 · 107 Stat. 312
Substituted · 7 U.S.C. § 2014(d)(7)
Pub. L. 103–66, § 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”
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 103–66, § 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”.
Enacted provision · exact public law section
SEC. 13911. HELPING LOW-INCOME HIGH SCHOOL STUDENTS. Section 5(d)(7) of the Act (7 U.S.C. 2014(d)(7)) is amended by striking “who is a student, and who has not attained his eighteenth birthday” and inserting “who is an elementary or secondary school student, and who is 21 years of age or younger”.
1993
Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 § 13922(a) · 107 Stat. 312
1. Substituted · 7 U.S.C. § 2014(e)
  Pub. L. 103–66, § 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”
2. Struck · 7 U.S.C. § 2014(e)
  Pub. L. 103–66, § 13922(a), in cl. (1) of fourth sentence, struck out “, regardless of the dependent’s age,” before “when such care enables a household member to accept”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–66, § 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”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13912(a)(1) · 107 Stat. 312
Struck · 7 U.S.C. § 2014(e)
Pub. L. 103–66, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 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”.
Enacted provision · exact public law section
(1) in the fourth sentence by striking Provided, That the amount” and all that follows through “June 30”; and
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13912(b)(2) · 107 Stat. 312
Struck · 7 U.S.C. § 2014(e)
Pub. L. 103–66, § 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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 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.
Enacted provision · exact public law section
(2) Subsequent removal of cap.— Section 5(e) of the Act (7 U.S.C. 2014(e)), as amended by paragraph (1), is amended by striking the fifth and sixth sentences.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13912(b)(1) · 107 Stat. 312
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 103–66, § 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 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.”
Enacted provision · exact public law section
(1) Interim caps.— Section 5(e) of the Act (7 U.S.C. 2014(e)) is amended by inserting after the fourth sentence the following: “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.”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13912(a)(2) · 107 Stat. 312
Struck · 7 U.S.C. § 2014(e)
Pub. L. 103–66, § 13912(a)(2), in seventh sentence struck out “under clause (2) of the preceding sentence” after “shelter expense deduction”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 13912(a)(2), in seventh sentence struck out “under clause (2) of the preceding sentence” after “shelter expense deduction”.
Enacted provision · exact public law section
(2) in the fifth sentence by striking “under clause (2) of the preceding sentence”.
1993
Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 § 13921 · 107 Stat. 312
Inserted · 7 U.S.C. § 2014(e)
Pub. L. 103–66, § 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 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.”
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13924 · 107 Stat. 312
Inserted · 7 U.S.C. § 2014(g)(2)
Pub. L. 103–66, § 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.”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 103–66, § 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.”
Enacted provision · exact public law section
SEC. 13924. VEHICLES NECESSARY TO CARRY FUEL OR WATER. Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by adding at the end the following: “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.”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13923 · 107 Stat. 312
Substituted · 7 U.S.C. § 2014(g)(2)
Pub. L. 103–66, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–66, § 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”.
Enacted provision · exact public law section
SEC. 13923. VEHICLES NEEDED TO SEEK AND CONTINUE EMPLOYMENT AND FOR HOUSEHOLD TRANSPORTATION. Section 5(g)(2) of the Act (7 U.S.C. 2014(g)(2)) is amended by striking “$4,500” and inserting the following: “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”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13913 · 107 Stat. 312
Inserted · 7 U.S.C. § 2014(g)(3)
Pub. L. 103–66, § 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.”
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 103–66, § 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.”
Enacted provision · exact public law section
SEC. 13913. RESOURCE EXCLUSION FOR EARNED INCOME TAX CREDITS. Section 5(g)(3) of the Act (7 U.S.C. 2014(g)(3)) is amended by adding at the end the following: “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.”.
1993
Mickey Leland Childhood Hunger Relief Act
Pub. L. 103–66 § 13915 · 107 Stat. 312
Substituted · 7 U.S.C. § 2014(k)(1)(B)
Pub. L. 103–66, § 13915, substituted “housing expenses, not including energy or utility-cost assistance,” for “living expenses”
Source evidence
Code amendment note
Subsec. (k)(1)(B). Pub. L. 103–66, § 13915, substituted “housing expenses, not including energy or utility-cost assistance,” for “living expenses”.
Enacted provision · exact public law section
SEC. 13915. HOUSEHOLDS BENEFITING FROM GENERAL ASSISTANCE VENDOR PAYMENTS. Section 5(k)(1)(B) of the Act (7 U.S.C. 2014(k)(1)(B)) is amended by striking “living expenses” and inserting “housing expenses, not including energy or utility-cost assistance,”.
1993
Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 § 13914 · 107 Stat. 312
Amended · 7 U.S.C. § 2014(k)(2)(F)
Pub. L. 103–66, § 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;”
Source evidence
Code amendment note
Subsec. (k)(2)(F). Pub. L. 103–66, § 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;”.
1994
Food Stamp Program Improvements Act of 1994
Pub. L. 103–225 title I § 101(b)(2) · 108 Stat. 106
Substituted · 7 U.S.C. § 2014(f)(2)(C)
Pub. L. 103–225 substituted “clauses (i), (ii), and (iii)” for “clauses (i), (ii), (iii), and (iv)”
Source evidence
Code amendment note
Subsec. (f)(2)(C). Pub. L. 103–225 substituted “clauses (i), (ii), and (iii)” for “clauses (i), (ii), (iii), and (iv)”.
Enacted provision · exact public law section
(2) Section 5(f)(2)(C) of such Act (7 U.S.C. 2014(f)(2)(C)) is amended by striking “clauses (i), (ii), (iii), and (iv)” and inserting “clauses (i), (ii), and (iii)”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(a)(1) · 110 Stat. 2105
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 104–193, § 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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–193, § 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”.
Enacted provision · exact public law section
(1) in the second sentence of subsection (a), by striking “plan approved” and all that follows through “title IV of the Social Security Act” and inserting “program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”;
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 806 · 110 Stat. 2105
1. Inserted · 7 U.S.C. § 2014(b)
  Pub. L. 104–193, § 806, inserted heading
2. Substituted · 7 U.S.C. § 2014(b)
  Pub. L. 104–193, § 806, substituted “Except as otherwise provided in this chapter, the Secretary” for “The Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–193, § 806, inserted heading and substituted “Except as otherwise provided in this chapter, the Secretary” for “The Secretary”.
Enacted provision · exact public law section
SEC. 806. STATE OPTION FOR ELIGIBILITY STANDARDS. Section 5(b) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is amended by striking “(b) The Secretary” and inserting the following: “(b) Eligibility Standards.— Except as otherwise provided in this Act, the Secretary”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(a)(2)(A) · 110 Stat. 2105
Substituted · 7 U.S.C. § 2014(d)(5)
Pub. L. 104–193, § 109(a)(2)(A), substituted “assistance under a State program funded” for “assistance to families with dependent children”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 104–193, § 109(a)(2)(A), substituted “assistance under a State program funded” for “assistance to families with dependent children”.
Enacted provision · exact public law section
(A) in paragraph (5), by striking “assistance to families with dependent children” and inserting “assistance under a State program funded”; and
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 807 · 110 Stat. 2105
Substituted · 7 U.S.C. § 2014(d)(7)
Pub. L. 104–193, § 807, substituted “17” for “21”
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 104–193, § 807, substituted “17” for “21”.
Enacted provision · exact public law section
SEC. 807. EARNINGS OF STUDENTS. Section 5(d)(7) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)(7)) is amended by striking “21” and inserting “17”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 808(a) · 110 Stat. 2105
1. Added · 7 U.S.C. § 2014(d)(11)
  Pub. L. 104–193, § 808(a), added cl. (11)
2. Struck · 7 U.S.C. § 2014(d)(11)
  Pub. L. 104–193, § 808(a), 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,”
Source evidence
Code amendment note
Subsec. (d)(11). Pub. L. 104–193, § 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,”.
Enacted provision · exact public law section
(a) In General.— Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is amended by striking paragraph (11) and inserting the following: “(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,”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(a)(2)(B) · 110 Stat. 2105
1. Redesignated · 7 U.S.C. § 2014(d)(13)(16)
  Pub. L. 104–193, § 109(a)(2)(B), redesignated cls. (14) to (16) as (13) to (15), respectively
2. Struck · 7 U.S.C. § 2014(d)(13)(16)
  Pub. L. 104–193, § 109(a)(2)(B), 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)),”
Source evidence
Code amendment note
Subsec. (d)(13) to (16). Pub. L. 104–193, § 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)),”.
Enacted provision · exact public law section
(B) by striking paragraph (13) and redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively;
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 809(a) · 110 Stat. 2105
1. Added · 7 U.S.C. § 2014(e)
  Pub. L. 104–193, § 809(a), added subsec. (e)
2. Struck · 7 U.S.C. § 2014(e)
  Pub. L. 104–193, § 809(a), 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
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–193, § 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.
Enacted provision · exact public law section
(a) In General.— Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014) is amended by striking subsection (e) and inserting the following: “(e) Deductions From Income.— “(1) Standard deduction.— 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. “(2) Earned income deduction.— “(A) Definition of earned income.— In this paragraph, the term ‘earned income’ does not include— “(i) income excluded by subsection (d); or “(ii) any portion of income earned under a work supplementation or support program, as defined under section 16(b), 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, 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, 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); and “(iii) expenses that are paid under section 6(d)(4). “(4) Deduction for child support payments.— “(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. “(5) Homeless shelter allowance.— 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. “(6) 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. “(7) 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 the date of enactment of this subparagraph 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 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. “(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 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. “(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 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. “(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 food stamp 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.”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 810 · 110 Stat. 2105
1. Added · 7 U.S.C. § 2014(g)(2)
  Pub. L. 104–193, § 810, added par. (2)
2. Struck · 7 U.S.C. § 2014(g)(2)
  Pub. L. 104–193, § 810, 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.”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 104–193, § 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.”
Enacted provision · exact public law section
SEC. 810. VEHICLE ALLOWANCE. Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by striking paragraph (2) and inserting the following: “(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 subparagraph (C), 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 $4,600 through September 30, 1996, and $4,650 beginning October 1, 1996; and “(v) any savings or retirement account (including an individual 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 tinder 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.”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(a)(3) · 110 Stat. 2105
Substituted · 7 U.S.C. § 2014(j)
Pub. L. 104–193, § 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.)”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 104–193, § 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.)”.
Enacted provision · exact public law section
(3) in subsection (j), by striking “plan approved under part A of title IV of such Act (42 U.S.C. 601 et seq.)” and inserting “program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.)”; and
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 808(b)(1) · 110 Stat. 2105
1. Substituted · 7 U.S.C. § 2014(k)(1)
  Pub. L. 104–193, § 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)
2. Struck · 7 U.S.C. § 2014(k)(1)
  Pub. L. 104–193, § 808(b)(1), in subpar. (A), struck out “, not including energy or utility-cost assistance,” before “under” in introductory provisions
Source evidence
Code amendment note
Subsec. (k)(1). Pub. L. 104–193, § 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.
Enacted provision · exact public law section
(1) in paragraph (1)— (A) in subparagraph (A), by striking “plan for aid to families with dependent children approved” and inserting “program funded”; and (B) in subparagraph (B), by striking “, not including energy or utility-cost assistance,”;
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 808(b)(2) · 110 Stat. 2105
1. Added · 7 U.S.C. § 2014(k)(2)(C)
  Pub. L. 104–193, § 808(b)(2), added subpar. (C)
2. Struck · 7 U.S.C. § 2014(k)(2)(C)
  Pub. L. 104–193, § 808(b)(2), struck out former subpar. (C) which read as follows: “energy assistance;”
Source evidence
Code amendment note
Subsec. (k)(2)(C). Pub. L. 104–193, § 808(b)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “energy assistance;”.
Enacted provision · exact public law section
(2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) a payment or allowance described in subsection (d)(11);”; and
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 811 · 110 Stat. 2105
1. Redesignated · 7 U.S.C. § 2014(k)(2)(F)(H)
  Pub. L. 104–193, § 811, redesignated subpars. (G) and (H) as (F) and (G), respectively
2. Struck · 7 U.S.C. § 2014(k)(2)(F)(H)
  Pub. L. 104–193, § 811, 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;”
Source evidence
Code amendment note
Subsec. (k)(2)(F) to (H). Pub. L. 104–193, § 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;”.
Enacted provision · exact public law section
SEC. 811. VENDOR PAYMENTS FOR TRANSITIONAL HOUSING COUNTED AS INCOME. Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)(2)) is amended— (1) by striking subparagraph (F); and (2) by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 808(b)(3) · 110 Stat. 2105
Added · 7 U.S.C. § 2014(k)(4)
Pub. L. 104–193, § 808(b)(3), added par. (4)
Source evidence
Code amendment note
Subsec. (k)(4). Pub. L. 104–193, § 808(b)(3), added par. (4).
Enacted provision · exact public law section
(3) by adding at the end the following: “(4) Third party energy assistance payments.— “(A) Energy assistance payments.— For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(H)) 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)(7), 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.”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 812 · 110 Stat. 2105
Added · 7 U.S.C. § 2014(m)
Pub. L. 104–193, § 812, added subsec. (m)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 104–193, § 812, added subsec. (m).
Enacted provision · exact public law section
SEC. 812. SIMPLIFIED CALCULATION OF INCOME FOR THE SELF-EMPLOYED. Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014), as amended by title I, is amended by adding at the end the following: “(m) Simplified Calculation of Income for the Self-Employed.— “(1) Regulations. In general.— Not later than 1 year after the date of enactment of this subsection, 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) 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.”.
1996
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(a)(4) · 110 Stat. 2105
Struck · 7 U.S.C. § 2014(m)
Pub. L. 104–193, § 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 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.”
Enacted provision · exact public law section
(4) by striking subsection (m).
1998
Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(2)(A) · 112 Stat. 2681
Substituted · 7 U.S.C. § 2014(l)
Pub. L. 105–277, § 101(f) [title VIII, § 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”
Source evidence
Code amendment note
Subsec. (l). Pub. L. 105–277, § 101(f) [title VIII, § 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”.
Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.
1998
Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(2)(A) · 112 Stat. 2681
Substituted · 7 U.S.C. § 2014(l)
Pub. L. 105–277, § 101(f) [title VIII, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–277, § 101(f) [title VIII, § 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”.
Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.
2000
Pub. L. 106–387 § 1(a)(tVIII)(s846)(a) · 114 Stat. 1549
1. Added · 7 U.S.C. § 2014(e)(7)(B)(iii)(vi)
  Pub. L. 106–387, § 1(a) [title VIII, § 846(a)], added cls. (iii) to (vi)
2. Struck · 7 U.S.C. § 2014(e)(7)(B)(iii)(vi)
  Pub. L. 106–387, § 1(a) [title VIII, § 846(a)], struck out former cls. (iii) and (iv) which read as follows:
Source evidence
Code amendment note
Subsec. (e)(7)(B)(iii) to (vi). Pub. L. 106–387, § 1(a) [title VIII, § 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.”
Enacted provision · exact public law section
(a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Pub. L. 106–387 § 1(a)(tVIII)(s847)(a)(1) · 114 Stat. 1549
1. Substituted · 7 U.S.C. § 2014(g)(2)(B)(iv)
  Pub. L. 106–387, § 1(a) [title VIII, § 847(a)(1)], substituted “subparagraphs (C) and (D)” for “subparagraph (C)”
2. Substituted · 7 U.S.C. § 2014(g)(2)(B)(iv)
  Pub. L. 106–387, § 1(a) [title VIII, § 847(a)(1)], substituted “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”
Source evidence
Code amendment note
Subsec. (g)(2)(B)(iv). Pub. L. 106–387, § 1(a) [title VIII, § 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”.
Enacted provision · exact public law section
(a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Pub. L. 106–387 § 1(a)(tVIII)(s847)(a)(2) · 114 Stat. 1549
Added · 7 U.S.C. § 2014(g)(2)(D)
Pub. L. 106–387, § 1(a) [title VIII, § 847(a)(2)], added subpar. (D)
Source evidence
Code amendment note
Subsec. (g)(2)(D). Pub. L. 106–387, § 1(a) [title VIII, § 847(a)(2)], added subpar. (D).
Enacted provision · exact public law section
(a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2002
Pub. L. 107–171 § 4112(b)(2) · 116 Stat. 134
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 107–171, § 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–171, § 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.
Enacted provision · exact public law section
(2) Section 5(a) of the Food Stamp Act of 1977 (7 U.S.C. 2014(a)) is amended by striking “the third sentence of section 3(i)” each place it appears and inserting “section 3(i)(4)”.
2002
Pub. L. 107–171 § 4101(a) · 116 Stat. 134
Inserted · 7 U.S.C. § 2014(d)(6)
Pub. L. 107–171, § 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,”
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 107–171, § 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,”.
Enacted provision · exact public law section
(a) Exclusion.— Section 5(d)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)(6)) is amended by adding at the end the following: “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,”.
2002
Pub. L. 107–171 § 4102 · 116 Stat. 134
Added · 7 U.S.C. § 2014(d)(16)(18)
Pub. L. 107–171, § 4102, added cls. (16) to (18)
Source evidence
Code amendment note
Subsec. (d)(16) to (18). Pub. L. 107–171, § 4102, added cls. (16) to (18).
Enacted provision · exact public law section
SEC. 4102. SIMPLIFIED DEFINITION OF INCOME. Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is amended— (1) by striking “and (15)” and inserting “(15)”; and (2) by inserting before the period at the end the following: “, (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), and (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.), 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”.
2002
Pub. L. 107–171 § 4103 · 116 Stat. 134
1. Added · 7 U.S.C. § 2014(e)(1)
  Pub. L. 107–171, § 4103, added par. (1)
2. Struck · 7 U.S.C. § 2014(e)(1)
  Pub. L. 107–171, § 4103, 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.”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 107–171, § 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.”
Enacted provision · exact public law section
SEC. 4103. STANDARD DEDUCTION. Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended by striking paragraph (1) and inserting the following: “(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); but “(II) not more than 8.31 percent of the income standard of eligibility established under subsection (c)(1) 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 $134, $229, $189, and $118, respectively. “(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) 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) 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 $269.”.
2002
Pub. L. 107–171 § 4101(b)(1) · 116 Stat. 134
1. Added · 7 U.S.C. § 2014(e)(4)
  Pub. L. 107–171, § 4101(b)(1), added par. (4)
2. Struck · 7 U.S.C. § 2014(e)(4)
  Pub. L. 107–171, § 4101(b)(1), struck out heading and text of former par. (4). Text read as follows:
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 107–171, § 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.”
Enacted provision · exact public law section
(1) in subsection (e), by striking paragraph (4) and inserting the following: “(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), 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).”; and
2002
Pub. L. 107–171 § 4105(b)(1) · 116 Stat. 134
1. Redesignated · 7 U.S.C. § 2014(e)(5); 7 U.S.C. § 2014(e)(6)
  Pub. L. 107–171, § 4105(b)(1), redesignated pars. (6) and (7) as (5) and (6), respectively
2. Struck · 7 U.S.C. § 2014(e)(5); 7 U.S.C. § 2014(e)(6)
  Pub. L. 107–171, § 4105(b)(1), 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.”
Source evidence
Code amendment note
Subsec. (e)(5), (6). Pub. L. 107–171, § 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.”
Enacted provision · exact public law section
(1) in subsection (e)— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and
2002
Pub. L. 107–171 § 4105(b)(1)(B) · 116 Stat. 134
Redesignated · 7 U.S.C. § 2014(e)(7)
Pub. L. 107–171, § 4105(b)(1)(B), redesignated par. (7) as (6). Former par. (6) redesignated (5)
Source evidence
Code amendment note
Subsec. (e)(7). Pub. L. 107–171, § 4105(b)(1)(B), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Enacted provision · exact public law section
(B) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and
2002
Pub. L. 107–171 § 4104(1) · 116 Stat. 134
Inserted · 7 U.S.C. § 2014(e)(7)(C)(iii)(I)(bb)
Pub. L. 107–171, § 4104(1), inserted “(without regard to subclause (III))” after “Secretary finds”
Source evidence
Code amendment note
Subsec. (e)(7)(C)(iii)(I)(bb). Pub. L. 107–171, § 4104(1), inserted “(without regard to subclause (III))” after “Secretary finds”.
Enacted provision · exact public law section
(1) in subclause (I)(bb), by inserting “(without regard to subclause (III))” after “Secretary finds”; and
2002
Pub. L. 107–171 § 4104(2) · 116 Stat. 134
Added · 7 U.S.C. § 2014(e)(7)(C)(iii)(III)
Pub. L. 107–171, § 4104(2), added subcl. (III)
Source evidence
Code amendment note
Subsec. (e)(7)(C)(iii)(III). Pub. L. 107–171, § 4104(2), added subcl. (III).
Enacted provision · exact public law section
(2) by adding at the end the following: “(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).”.
2002
Pub. L. 107–171 § 4105(a) · 116 Stat. 134
Added · 7 U.S.C. § 2014(e)(7)(D)
Pub. L. 107–171, § 4105(a), added subpar. (D)
Source evidence
Code amendment note
Subsec. (e)(7)(D). Pub. L. 107–171, § 4105(a), added subpar. (D).
Enacted provision · exact public law section
(a) In General.— Section 5(e)(7) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(7)) is amended by adding at the end the following: “(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).”.
2002
Pub. L. 107–171 § 4106 · 116 Stat. 134
Added · 7 U.S.C. § 2014(f)(1)(C)
Pub. L. 107–171, § 4106, added subpar. (C)
Source evidence
Code amendment note
Subsec. (f)(1)(C). Pub. L. 107–171, § 4106, added subpar. (C).
Enacted provision · exact public law section
SEC. 4106. SIMPLIFIED DETERMINATION OF DEDUCTIONS. Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(1)) is amended by adding at the end the following: “(C) Simplified determination of deductions.— “(i) In general.— Except as provided in clause (ii), for the purposes of subsection (e), a State agency may elect to disregard until the next recertification of eligibility under section 11(e)(4) 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). “(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.”.
2002
Pub. L. 107–171 § 4107(1) · 116 Stat. 134
Substituted · 7 U.S.C. § 2014(g)(1)
Pub. L. 107–171, § 4107(1), substituted “an elderly or disabled member” for “a member who is 60 years of age or older”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 107–171, § 4107(1), substituted “an elderly or disabled member” for “a member who is 60 years of age or older”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “a member who is 60 years of age or older” and inserting “an elderly or disabled member”; and
2002
Pub. L. 107–171 § 4107(2) · 116 Stat. 134
Added · 7 U.S.C. § 2014(g)(6)
Pub. L. 107–171, § 4107(2), added par. (6)
Source evidence
Code amendment note
Subsec. (g)(6). Pub. L. 107–171, § 4107(2), added par. (6).
Enacted provision · exact public law section
(2) by adding at the end the following: “(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 food stamp program.”.
2002
Pub. L. 107–171 § 4108(a) · 116 Stat. 134
1. Inserted · 7 U.S.C. § 2014(h)(3)(B)
  Pub. L. 107–171, § 4108(a), inserted “issuance methods and” after “Secretary shall adjust” in first sentence
2. Inserted · 7 U.S.C. § 2014(h)(3)(B)
  Pub. L. 107–171, § 4108(a), 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
Source evidence
Code amendment note
Subsec. (h)(3)(B). Pub. L. 107–171, § 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.
Enacted provision · exact public law section
(a) In General.— Section 5(h)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)(3)(B)) is amended— (1) in the first sentence, by inserting “issuance methods and” after “shall adjust”; and (2) in the second sentence, by inserting “, any conditions that make reliance on electronic benefit transfer systems described in section 7(i) impracticable,” after “personnel”.
2002
Pub. L. 107–171 § 4401(b)(2)(C) · 116 Stat. 134
Inserted · 7 U.S.C. § 2014(i)(2)(E)
Pub. L. 107–171, § 4401(b)(2)(C), inserted “, or to any alien who is under 18 years of age” before period at end
Source evidence
Code amendment note
Subsec. (i)(2)(E). Pub. L. 107–171, § 4401(b)(2)(C), inserted “, or to any alien who is under 18 years of age” before period at end.
Enacted provision · exact public law section
(C) Section 5(i)(2)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2014(i)(2)(E)) is amended by inserting before the period at the end the following: “, or to any alien who is under 18 years of age”.
2002
Pub. L. 107–171 § 4105(b)(2) · 116 Stat. 134
Substituted · 7 U.S.C. § 2014(k)(4)(B)
Pub. L. 107–171, § 4105(b)(2), substituted “subsection (e)(6) of this section” for “subsection (e)(7) of this section”
Source evidence
Code amendment note
Subsec. (k)(4)(B). Pub. L. 107–171, § 4105(b)(2), substituted “subsection (e)(6) of this section” for “subsection (e)(7) of this section”.
Enacted provision · exact public law section
(2) in subsection (k)(4)(B), by striking “subsection (e)(7)” and inserting “subsection (e)(6)”.
2002
Pub. L. 107–171 § 4101(b)(2) · 116 Stat. 134
Added · 7 U.S.C. § 2014(n)
Pub. L. 107–171, § 4101(b)(2), added subsec. (n)
Source evidence
Code amendment note
Subsec. (n). Pub. L. 107–171, § 4101(b)(2), added subsec. (n).
Enacted provision · exact public law section
(2) by adding at the end the following: “(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), 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”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(b)(3)(A) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 110–246, § 4115(b)(3)(A), which directed substitution of “section 2012(n)(4)” for “section 2012(i)(4)”, was executed by making the substitution in two places, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–246, § 4115(b)(3)(A), which directed substitution of “section 2012(n)(4)” for “section 2012(i)(4)”, was executed by making the substitution in two places, to reflect the probable intent of Congress.
Enacted provision · exact public law section
(A) in subsection (a), by striking “section 3(i)(4)” and inserting “section 3(n)(4)”;
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(b); 7 U.S.C. § 2014(c)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4101 · 122 Stat. 1651
1. Inserted · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, inserted heading
2. Redesignated · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, redesignated cls. (1) to (18) as pars. (1) to (18), respectively, and realigned margins, in pars. (1) to (16)
3. Substituted · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, substituted semicolon for comma at end, in par. (3)
4. Redesignated · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, redesignated subcls. (A) to (C) as subpars. (A) to (C), respectively, and realigned margins, in subpars. (B) and (C)
5. Substituted · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, substituted semicolon for comma at end, in par. (11)
6. Redesignated · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, redesignated subcls. (A) and (B) as subpars. (A) and (B), respectively, in subpar. (A)
7. Substituted · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, substituted semicolon for comma at end, realigned margin of subpar. (B)
8. Added · 7 U.S.C. § 2014(d)
  Pub. L. 110–246, § 4101, added par. (19)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–246, § 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).
Enacted provision · exact public law section
SEC. 4101. EXCLUSION OF CERTAIN MILITARY PAYMENTS FROM INCOME. Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended— (1) by striking “(d) Household” and inserting “(d) Exclusions From Income.—Household”; (2) by striking “only (1) any” and inserting “only— “(1) any” ; (3) by indenting each of paragraphs (2) through (18) so as to align with the margin of paragraph (1) (as amended by paragraph (2)); (4) by striking the comma at the end of each of paragraphs (1) through (16) and inserting a semicolon; (5) in paragraph (3)— (A) by striking “like (A) awarded” and inserting “like— “(A) awarded” ; (B) by striking “thereof, (B) to” and inserting “thereof; “(B) to” ; and (C) by striking “program, and (C) to” and inserting “program; and “(C) to” ; (6) in paragraph (11), by striking “)), or (B) a” and inserting “)); or “(B) a” ; (7) in paragraph (17), by striking “, and” at the end and inserting a semicolon; (8) in paragraph (18), by striking the period at the end and inserting “; and”; and (9) by adding at the end the following: “(19) any additional payment under chapter 5 of title 37, United States Code, 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.” .
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(d)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4102(1) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(e)(1)(A)(ii)
Pub. L. 110–246, § 4102(1), substituted “not less than—” and subcls. (I) and (II) for “not less than $134, $229, $189, and $118, respectively.”
Source evidence
Code amendment note
Subsec. (e)(1)(A)(ii). Pub. L. 110–246, § 4102(1), substituted “not less than—” and subcls. (I) and (II) for “not less than $134, $229, $189, and $118, respectively.”
Enacted provision · exact public law section
(1) in subparagraph (A)(ii), by striking “not less than $134” and all that follows through the end of the clause and inserting the following: “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.” ;
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4102(2) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(e)(1)(B)(ii)
Pub. L. 110–246, § 4102(2), substituted “not less than—” and subcls. (I) and (II) for “not less than $269.”
Source evidence
Code amendment note
Subsec. (e)(1)(B)(ii). Pub. L. 110–246, § 4102(2), substituted “not less than—” and subcls. (I) and (II) for “not less than $269.”
Enacted provision · exact public law section
(2) in subparagraph (B)(ii), by striking “not less than $269” and all that follows through the end of the clause and inserting the following: “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.” ; and
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4102(3) · 122 Stat. 1651
Added · 7 U.S.C. § 2014(e)(1)(C)
Pub. L. 110–246, § 4102(3), added subpar. (C)
Source evidence
Code amendment note
Subsec. (e)(1)(C). Pub. L. 110–246, § 4102(3), added subpar. (C).
Enacted provision · exact public law section
(3) by adding at the end the following: “(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.” .
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4103 · 122 Stat. 1651
Struck · 7 U.S.C. § 2014(e)(3)(A)
Pub. L. 110–246, § 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”
Source evidence
Code amendment note
Subsec. (e)(3)(A). Pub. L. 110–246, § 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”.
Enacted provision · exact public law section
SEC. 4103. SUPPORTING WORKING FAMILIES WITH CHILD CARE EXPENSES. Section 5(e)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(3)(A)) is amended by striking “, the maximum allowable level of which shall be $200 per month for each dependent child under 2 years of age and $175 per month for each other dependent,”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(e)(6)(C)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing
Source evidence
Code amendment note
Subsec. (e)(6)(C). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4104(a)(1) · 122 Stat. 1651
Inserted · 7 U.S.C. § 2014(g)
Pub. L. 110–246, § 4104(a)(1), inserted subsec. heading
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–246, § 4104(a)(1), inserted subsec. heading.
Enacted provision · exact public law section
(1) by striking “(g)(1) The Secretary” and inserting the following: “(g) Allowable Financial Resources.— “(1) Total amount.— “(A) In general.— The Secretary” .
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4104(a) · 122 Stat. 1651
1. Inserted · 7 U.S.C. § 2014(g)(1)
  Pub. L. 110–246, § 4104(a), inserted par. heading
2. Amended · 7 U.S.C. § 2014(g)(1)
  Pub. L. 110–246, § 4104(a), designated existing provisions as subpar. (A)
3. Inserted · 7 U.S.C. § 2014(g)(1)
  Pub. L. 110–246, § 4104(a), inserted subpar. heading
4. Inserted · 7 U.S.C. § 2014(g)(1)
  Pub. L. 110–246, § 4104(a), inserted “(as adjusted in accordance with subparagraph (B))” after “$2,000” and after “$3,000”
5. Added · 7 U.S.C. § 2014(g)(1)
  Pub. L. 110–246, § 4104(a), added subpar. (B)
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 110–246, § 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).
Enacted provision · exact public law section
(a) Adjusting Countable Resources for Inflation.— Section (5)(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended— (1) by striking “(g)(1) The Secretary” and inserting the following: “(g) Allowable Financial Resources.— “(1) Total amount.— “(A) In general.— The Secretary” . (2) in subparagraph (A) (as so designated by paragraph (1))— (A) by inserting “(as adjusted in accordance with subparagraph (B))” after “$2,000”; and (B) by inserting “(as adjusted in accordance with subparagraph (B))” after “$3,000”; and (3) by adding at the end the following: “(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.” .
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(g)(1)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4104(b)(1) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(g)(2)(B)(v)
Pub. L. 110–246, § 4104(b)(1), substituted “savings account” for “savings or retirement account (including an individual account)”
Source evidence
Code amendment note
Subsec. (g)(2)(B)(v). Pub. L. 110–246, § 4104(b)(1), substituted “savings account” for “savings or retirement account (including an individual account)”.
Enacted provision · exact public law section
(1) In general.— Section 5(g)(2)(B)(v) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by striking “or retirement account (including an individual account)” and inserting “account”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(g)(3); 7 U.S.C. § 2014(g)(6)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsec. (g)(3), (6). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4104(b)(2) · 122 Stat. 1651
Added · 7 U.S.C. § 2014(g)(7); 7 U.S.C. § 2014(g)(8)
Pub. L. 110–246, § 4104(b)(2), (c), added pars. (7) and (8)
Source evidence
Code amendment note
Subsec. (g)(7), (8). Pub. L. 110–246, § 4104(b)(2), (c), added pars. (7) and (8).
Enacted provision · exact public law section
(2) Mandatory and discretionary exclusions.— Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended by adding at the end the following: “(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 the Internal Revenue Code of 1986 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; 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 the Internal Revenue Code of 1986. “(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).” .
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(a)(2) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(h)(2)(A)
Pub. L. 110–246, § 4002(a)(2), substituted “Disaster Task Force” for “Food Stamp Disaster Task Force”
Source evidence
Code amendment note
Subsec. (h)(2)(A). Pub. L. 110–246, § 4002(a)(2), substituted “Disaster Task Force” for “Food Stamp Disaster Task Force”.
Enacted provision · exact public law section
(2) Section 5(h)(2)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)(2)(A)) is amended by striking “Food Stamp Disaster Task Force” and inserting “Disaster Task Force”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(h)(2)(A)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(b)(3)(B) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(h)(3)(B)
Pub. L. 110–246, § 4115(b)(3)(B), substituted “section 2016(h)” for “section 2016(i)” in second sentence
Source evidence
Code amendment note
Subsec. (h)(3)(B). Pub. L. 110–246, § 4115(b)(3)(B), substituted “section 2016(h)” for “section 2016(i)” in second sentence.
Enacted provision · exact public law section
(B) in subsection (h)(3)(B), in the second sentence, by striking “section 7(i)” and inserting “section 7(h)”; and
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(b)(3)(C) · 122 Stat. 1651
Struck · 7 U.S.C. § 2014(i)(2)(E)
Pub. L. 110–246, § 4115(b)(3)(C), struck out “, as defined in section 2012(i) of this title,” after “household”
Source evidence
Code amendment note
Subsec. (i)(2)(E). Pub. L. 110–246, § 4115(b)(3)(C), struck out “, as defined in section 2012(i) of this title,” after “household”.
Enacted provision · exact public law section
(C) in subsection (i)(2)(E), by striking “, as defined in section 3(i) of this Act,”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2014(l)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsec. (l). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4008(b) · 128 Stat. 649
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 113–79, § 4008(b), substituted “subsections (b), (d)(2), (g), and (r) of section 2015 of this title” for “sections 2015(b), 2015(d)(2), and 2015(g) of this title”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–79, § 4008(b), substituted “subsections (b), (d)(2), (g), and (r) of section 2015 of this title” for “sections 2015(b), 2015(d)(2), and 2015(g) of this title”.
Enacted provision · exact public law section
(b) Conforming Amendment.— Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking “sections 6(b), 6(d)(2), and 6(g)” and inserting “subsections (b), (d)(2), (g), and (r) of section 6”.
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4022(b)(1)(A) · 128 Stat. 649
Inserted · 7 U.S.C. § 2014(d)(14)
Pub. L. 113–79, § 4022(b)(1)(A), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d)(4)(I) of this title”
Source evidence
Code amendment note
Subsec. (d)(14). Pub. L. 113–79, § 4022(b)(1)(A), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d)(4)(I) of this title”.
Enacted provision · exact public law section
(A) in subsection (d)(14), by inserting “or a pilot project under section 16(h)(1)(F)” after “6(d)(4)(I)”;
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4022(b)(1)(B) · 128 Stat. 649
Inserted · 7 U.S.C. § 2014(e)(3)(B)(iii)
Pub. L. 113–79, § 4022(b)(1)(B), inserted “or a pilot project under section 2025(h)(1)(F) of this title ” after “section 2015(d)(4) of this title”
Source evidence
Code amendment note
Subsec. (e)(3)(B)(iii). Pub. L. 113–79, § 4022(b)(1)(B), inserted “or a pilot project under section 2025(h)(1)(F) of this title ” after “section 2015(d)(4) of this title”.
Enacted provision · exact public law section
(B) in subsection (e)(3)(B)(iii), by inserting “or a pilot project under section 16(h)(1)(F)” after “6(d)(4)”; and
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4005 · 128 Stat. 649
Added · 7 U.S.C. § 2014(e)(5)(C)
Pub. L. 113–79, § 4005, added subpar. (C)
Source evidence
Code amendment note
Subsec. (e)(5)(C). Pub. L. 113–79, § 4005, added subpar. (C).
Enacted provision · exact public law section
SEC. 4005. EXCLUSION OF MEDICAL MARIJUANA FROM EXCESS MEDICAL EXPENSE DEDUCTION. Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended by adding at the end the following: “(C) Exclusion of medical marijuana.— The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes of this paragraph.” .
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4006(a)(1) · 128 Stat. 649
Inserted · 7 U.S.C. § 2014(e)(6)(C)(i)
Pub. L. 113–79, § 4006(a)(1), inserted “, subject to clause (iv)” after “Secretary”
Source evidence
Code amendment note
Subsec. (e)(6)(C)(i). Pub. L. 113–79, § 4006(a)(1), inserted “, subject to clause (iv)” after “Secretary”.
Enacted provision · exact public law section
(1) in clause (i), by inserting “, subject to clause (iv)” after “Secretary”; and
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4006(a)(2) · 128 Stat. 649
1. Added · 7 U.S.C. § 2014(e)(6)(C)(iv)(I)
  Pub. L. 113–79, § 4006(a)(2), added subcl. (I)
2. Struck · 7 U.S.C. § 2014(e)(6)(C)(iv)(I)
  Pub. L. 113–79, § 4006(a)(2), struck out former subcl. (I). Text read as follows: “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.”
Source evidence
Code amendment note
Subsec. (e)(6)(C)(iv)(I). Pub. L. 113–79, § 4006(a)(2), added subcl. (I) and struck out former subcl. (I). Text read as follows: “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.”
Enacted provision · exact public law section
(2) in clause (iv), by striking subclause (I) and inserting the following: “(I) In general.— Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households that received a payment, or on behalf of which a payment was 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 in the current month or in the immediately preceding 12 months, the household either received such a payment, or such a payment was made on behalf of the household, that was greater than $20 annually, as determined by the Secretary.” .
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4022(b)(1)(C) · 128 Stat. 649
Inserted · 7 U.S.C. § 2014(g)(3)
Pub. L. 113–79, § 4022(b)(1)(C), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d) of this title”
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 113–79, § 4022(b)(1)(C), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d) of this title”.
Enacted provision · exact public law section
(C) in subsection (g)(3), in the first sentence, by inserting “or a pilot project under section 16(h)(1)(F)” after “6(d)”.
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4030(c)(1) · 128 Stat. 649
Substituted · 7 U.S.C. § 2014(i)(2)(D)
Pub. L. 113–79, § 4030(c)(1), substituted “section 2022(b) of this title” for “section 2022(b)(2) of this title”
Source evidence
Code amendment note
Subsec. (i)(2)(D). Pub. L. 113–79, § 4030(c)(1), substituted “section 2022(b) of this title” for “section 2022(b)(2) of this title”.
Enacted provision · exact public law section
(1) in the last sentence of subsection (i)(2)(D), by striking “section 13(b)(2)” and inserting “section 13(b)”; and
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Agricultural Act of 2014
Pub. L. 113–79 § 4030(c)(2) · 128 Stat. 649
Substituted · 7 U.S.C. § 2014(k)(4)(A)
Pub. L. 113–79, § 4030(c)(2), substituted “paragraph (2)(G)” for “paragraph (2)(H)”
Source evidence
Code amendment note
Subsec. (k)(4)(A). Pub. L. 113–79, § 4030(c)(2), substituted “paragraph (2)(G)” for “paragraph (2)(H)”.
Enacted provision · exact public law section
(2) in subsection (k)(4)(A), by striking “paragraph (2)(H)” and inserting “paragraph (2)(G)”.
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2014
Workforce Innovation and Opportunity Act
Pub. L. 113–128 title V § 512 · 128 Stat. 1425
Substituted · 7 U.S.C. § 2014(l)
Pub. L. 113–128, which directed amendment of subsec. (l) by substituting “Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act” for “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” was executed by making the substitution for “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” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (l). Pub. L. 113–128, which directed amendment of subsec. (l) by substituting “Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act” for “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” was executed by making the substitution for “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” to reflect the probable intent of Congress.
Enacted provision · exact public law section
SEC. 512. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.— Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by striking “entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998” and inserting “entities involved in administering the workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act”. (b) Assistive Technology Act of 1998.— The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended as follows: (1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is amended by striking “such as a one-stop partner, as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)” and inserting “such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act”. (2) Section 4 of such Act (29 U.S.C. 3003) is amended— (A) in subsection (c)(2)(B)(i)(IV), by striking “a representative of the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821)” and inserting “a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act”; and (B) in subsection (e)— (i) in paragraph (2)(D)(i), by striking “such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801),” and inserting “such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act,”; and (ii) in paragraph (3)(B)(ii)(I)(aa), by striking “with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),” and inserting “with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act,”. (c) Alaska Natural Gas Pipeline Act.— Section 113(a)(2) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is amended by striking “consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed pursuant to the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “consistent with the vision and goals set forth in the State of Alaska unified plan or combined plan, as appropriate, as developed pursuant to section 102 or 103, as appropriate, of the Workforce Innovation and Opportunity Act”. (d) Atomic Energy Defense Act.— Section 4604(c)(6)(A) of the Atomic Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended by striking “programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act”. (e) Carl D. Perkins Career and Technical Education Act of 2006.— The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: (1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) is amended— (A) in the paragraph heading, by striking “Public law 105–220” and inserting “Workforce innovation and opportunity act”; and (B) by striking “functions and activities carried out under Public Law 105–220” and inserting “functions and activities carried out under the Workforce Innovation and Opportunity Act”. (2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) is amended— (A) in subparagraph (A), by striking “activities undertaken by the State boards under section 111 of Public Law 105–220” and inserting “activities undertaken by the State boards under section 101 of the Workforce Innovation and Opportunity Act”; and (B) in subparagraph (B), by striking “the service delivery system under section 121 of Public Law 105–220” and inserting “the one-stop delivery system under section 121 of the Workforce Innovation and Opportunity Act”. (3) Section 122 of such Act (20 U.S.C. 2342) is amended— (A) in subsection (b)(1)(A)(viii), by striking “entities participating in activities described in section 111 of Public Law 105–220” and inserting “entities participating in activities described in section 101 of the Workforce Innovation and Opportunity Act”; (B) in subsection (c)(20), by striking “the description and information specified in sections 112(b)(8) and 121(c) of Public Law 105–220 concerning the provision of services only for postsecondary students and school dropouts” and inserting “the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as appropriate, section 103(b)(3)(A), and section 121(c), of the Workforce Innovation and Opportunity Act concerning the provision of services only for postsecondary students and school dropouts”; and (C) in subsection (d)(2)— (i) in the paragraph heading, by striking “501 plan” and inserting “combined plan”; and (ii) by striking “as part of the plan submitted under section 501 of Public Law 105–220” and inserting “as part of the plan submitted under section 103 of the Workforce Innovation and Opportunity Act”. (4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13)) is amended by striking “such as through referral to the system established under section 121 of Public Law 105–220” and inserting “such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act”. (5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) is amended by striking “entities participating in activities described in section 117 of Public Law 105–220 (if applicable)” and inserting “entities participating in activities described in section 107 of the Workforce Innovation and Opportunity Act (if applicable)”. (6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16)) is amended by striking “such as through referral to the system established under section 121 of Public Law 105–220 (29 U.S.C. 2801 et seq.)” and inserting “such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act”. (7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) is amended by striking “Chapters 4 and 5 of subtitle B of title I of Public Law 105–220” and inserting “Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act”. (f) Community Services Block Grant Act.— Section 676(b)(5) of the Community Services Block Grant Act (42 U.S.C. 9908(b)(5)) is amended by striking “the eligible entities will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998” and inserting “the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act”. (g) Compact of Free Association Amendments Act of 2003.— The Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.) is amended as follows: (1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C. 1921d(f)(1)(B)(iii)) is amended by striking “title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), other than subtitle C of that Act (29 U.S.C. 2881 et seq.) (Job Corps), title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.; commonly known as the Adult Education and Family Literacy Act),” and inserting “titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act,”. (2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is amended by striking “subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)” and inserting “subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps)”. (h) Domestic Volunteer Service Act of 1973.— Section 103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended by striking “employment.” and all that follows and inserting the following: “employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act.”. (i) Elementary and Secondary Education Act of 1965.— The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended as follows: (1) Section 1203(c)(2)(A) of such Act (20 U.S.C. 6363(c)(2)(A)) is amended— (A) by striking “, in consultation with the National Institute for Literacy,”; and (B) by striking clause (ii); and (C) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B)) is amended by striking “any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Investment Act of 1998” and inserting “any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Innovation and Opportunity Act”. (3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is amended by striking “a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220” and inserting “a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act”. (4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is amended by striking “coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220,” and inserting “coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act,”. (5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H)) is amended by striking “the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “the Workforce Innovation and Opportunity Act”. (j) Environmental Programs Assistance Act of 1984.— Section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998” and inserting “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act”. (k) Energy Conservation and Production Act.— Section 414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is amended by striking “securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998” and inserting “securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act”. (l) Food and Nutrition Act of 2008.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended as follows: (1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended by striking “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” and inserting “Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act”. (2) Section 6 of such Act (7 U.S.C. 2015) is amended— (A) in subsection (d)(4)(M), by striking “activities under title I of the Workforce Investment Act of 1998” and inserting “activities under title I of the Workforce Innovation and Opportunity Act”; (B) in subsection (e)(3)(A), by striking “a program under title I of the Workforce Investment Act of 1998” and inserting “a program under title I of the Workforce Innovation and Opportunity Act”; and (C) in subsection (o)(1)(A), by striking “a program under the title I of the Workforce Investment Act of 1998” and inserting “a program under title I of the Workforce Innovation and Opportunity Act”. (3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is amended by striking “a program carried out under title I of the Workforce Investment Act of 1998” and inserting “a program carried out under title I of the Workforce Innovation and Opportunity Act”. (m) Full Employment and Balanced Growth Act of 1978.— Section 206 of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking “the Secretary of Labor shall, as appropriate, fully utilize the authority provided under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998” and inserting “the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act”; and (2) in subsection (c)(1), by striking “the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of title I of the Workforce Investment Act of 1998” and inserting “the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of activities under title I of the Workforce Innovation and Opportunity Act”. (n) Higher Education Act of 1965.— The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: (1) Section 418A of such Act (20 U.S.C. 1070d–2) is amended— (A) in subsection (b)(1)(B)(ii), by striking “section 167 of the Workforce Investment Act of 1998” and inserting “section 167 of the Workforce Innovation and Opportunity Act”; and (B) in subsection (c)(1)(A), by striking “section 167 of the Workforce Investment Act of 1998” and inserting “section 167 of the Workforce Innovation and Opportunity Act”. (2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1)) is amended by striking “The term ‘dislocated worker’ has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)” and inserting “The term ‘dislocated worker’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act”. (3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is amended by striking “a dislocated worker (as defined in section 101 of the Workforce Investment Act of 1998)” and inserting “a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act)”. (4) Section 480(b)(1)(I) of such Act (20 U.S.C. 1087vv(b)(1)(I)) is amended by striking “benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “benefits received through participation in employment and training activities under title I of the Workforce Innovation and Opportunity Act”. (5) Section 803 of such Act (20 U.S.C. 1161c) is amended— (A) in subsection (i)(1), by striking “for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Investment Act of 1998 (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education” and inserting “for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education”; and (B) in subsection (j)(1)— (i) in subparagraph (A)(ii), by striking “local board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)”; and (ii) in subparagraph (B), by striking “a State board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)”. (6) Section 861(c)(1)(B) of such Act (20 U.S.C. 1161q(c)(1)(B)) is amended by striking “local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “local boards (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)”. (7) Section 872(b)(2)(E) of such Act (20 U.S.C. 1161s(b)(2)(E)) is amended by striking “local boards (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act)”. (o) Housing Act of 1949.— Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking “an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 or the Older American Community Service Employment Act,” and inserting “an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act or the Community Service Senior Opportunities Act,”. (p) Housing and Urban Development Act of 1968.— Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended— (1) in subsection (c)— (A) in paragraph (1)(B)(iii), by striking “participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998” and inserting “participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act”; and (B) in paragraph (2)(B), by striking “participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998” and inserting “participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act”; and (2) in subsection (d)— (A) in paragraph (1)(B)(iii), by striking “To YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998” and inserting “To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act”; and (B) in paragraph (2)(B), by striking “to YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998” and inserting “to YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act”. (q) Immigration and Nationality Act.— Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking “Title I of the Workforce Investment Act of 1998” and inserting “Title I of the Workforce Innovation and Opportunity Act”. (r) Internal Revenue Code of 1986.— Section 7527(e)(2) of the Internal Revenue Code of 1986 26 USC 7527. is amended by inserting “(as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act)” after “of 1998”. (s) McKinney-Vento Homeless Assistance Act.— Section 103(c)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(c)(2)) is amended by striking “a homeless individual shall be eligible for assistance under title I of the Workforce Investment Act of 1998” and inserting “a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act”. (t) Museum and Library Services Act.— The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is amended as follows: (1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is amended by striking “activities under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) (including activities under section 134(c) of such Act) (29 U.S.C. 2864(c))” and inserting “activities under the Workforce Innovation and Opportunity Act (including activities under section 121(e) of such Act))”. (2) Section 224(b)(6)(C) of such Act (20 U.S.C. 9134(b)(6)(C)) is amended— (A) in clause (i), by striking “the activities carried out by the State workforce investment board under section 111(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(d))” and inserting “the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act”; and (B) in clause (ii), by striking “the State’s one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c))” and inserting “the State’s one-stop delivery system established under section 121(e) of such Act”. (u) National and Community Service Act of 1990.— The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as follows: (1) Section 112(a)(3)(B) of such Act (42 U.S.C. 12523(a)(3)(B)) is amended by striking “or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a)” and inserting “or who may participate in a Youthbuild program under section 171 of the Workforce Innovation and Opportunity Act”. (2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is amended by striking “coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Investment Act of 1998)” and inserting “coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Innovation and Opportunity Act)”. (v) National Energy Conservation Policy Act.— Section 233 of the National Energy Conservation and Policy Act (42 U.S.C. 6873) is amended, in the matter preceding paragraph (1), by striking “a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 and the Older American Community Service Employment Act” and inserting “a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act and the Community Service Senior Opportunities Act”. (w) Older Americans Act of 1965.— The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended as follows: (1) Section 203 of such Act (42 U.S.C. 3013) is amended— (A) in subsection (a)(2), by striking “In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Investment Act of 1998” and inserting “In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Innovation and Opportunity Act”; and (B) in subsection (b)(1), by striking “title I of the Workforce Investment Act of 1998” and inserting “title I of the Workforce Innovation and Opportunity Act”. (2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12)) is amended by striking “including programs carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “including programs carried out under the Workforce Innovation and Opportunity Act”. (3) Section 502 of such Act (42 U.S.C. 3056) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (H), by striking “will coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including utilizing the one-stop delivery system of the local workforce investment areas involved” and inserting “will coordinate activities with training and other services provided under title I of the Workforce Innovation and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved”; (II) in subparagraph (O)— (aa) by striking “through the one-stop delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),” and inserting “through the one-stop delivery system of the local workforce development areas involved as established under section 121(e) of the Workforce Innovation and Opportunity Act,”; and (bb) by striking “and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act (29 U.S.C. 2841(c))” and inserting “and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce development board in accordance with section 121(c) of such Act”; and (III) in subparagraph (Q)— (aa) in clause (i), by striking “paragraph (8), relating to coordination with other Federal programs, of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))” and inserting “clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of section 102(b) of the Workforce Innovation and Opportunity Act”; and (bb) in clause (ii), by striking “paragraph (14), relating to implementation of one-stop delivery systems, of section 112(b) of the Workforce Investment Act of 1998” and inserting “paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(b) of the Workforce Innovation and Opportunity Act”; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking “An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act (29 U.S.C. 2864(d)).” and inserting “An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine whether such eligible individual also qualifies for career or training services described in section 134(c) of such Act.”; and (II) in subparagraph (B)— (aa) in the subparagraph heading, by striking “workforce investment act of 1998” and inserting “workforce innovation and opportunity act”; and (bb) by striking “An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)” and inserting “An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act”; and (B) in subsection (e)(2)(B)(ii), by striking “one-stop delivery systems established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act”. (4) Section 503 of such Act (42 U.S.C. 3056a) is amended— (A) in subsection (a)— (i) in paragraph (2)(A), by striking “the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act”; and (ii) in paragraph (4)(F), by striking “plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act”; and (B) in subsection (b)(2)(A), by striking “with the program carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “with the program carried out under the Workforce Innovation and Opportunity Act”. (5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act is amended by striking “activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)),” and inserting “activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act,”. (6) Section 510 of such Act (42 U.S.C. 3056h) is amended— (A) by striking “by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act”; and (B) by striking “such title I” and inserting “such title”. (7) Section 511 of such Act (42 U.S.C. 3056i) is amended— (A) in subsection (a), by striking “Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local workforce investment areas” and inserting “Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the appropriate local workforce development areas”; and (B) in subsection (b)(2), by striking “be signatories of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(c))” and inserting “be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act”. (8) Section 518(b)(2)(F) of such Act (42 U.S.C. 3056p(b)(2)(F)) is amended by striking “has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act”. (x) Personal Responsibility and Work Opportunity Reconciliation Act of 1996.— Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking “Benefits under the title I of the Workforce Investment Act of 1998” and inserting “Benefits under title I of the Workforce Innovation and Opportunity Act”. (y) Patient Protection and Affordable Care Act.— Section 5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 294q(d)(3)(D)) is amended by striking “other health care workforce programs, including those supported through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),” and inserting “other health care workforce programs, including those supported through the Workforce Innovation and Opportunity Act,”. (z) Public Health Service Act.— The Public Health Service Act (42 U.S.C. 201 et seq.) is amended as follows: (1) Section 399V(e) of such Act (42 U.S.C. 280g–11(e)) is amended by striking “one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998” and inserting “one-stop delivery systems under section 121(e) of the Workforce Innovation and Opportunity Act”. (2) Section 751(c)(1)(A) of such Act (42 U.S.C. 294a(c)(1)(A)) is amended by striking “the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of 1998,” and inserting “the applicable one-stop delivery system under section 121(e) of the Workforce Innovation and Opportunity Act,”. (3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is amended by striking “one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))” and inserting “one-stop delivery system described in section 121(e) of the Workforce Innovation and Opportunity Act”. (aa) Runaway and Homeless Youth Act.— Section 322(a)(7) of the Runaway and Homeless Youth Act (42 U.S.C. 5714–2(a)(7)) is amended by striking “(including services and programs for youth available under the Workforce Investment Act of 1998)” and inserting “(including services and programs for youth available under the Workforce Innovation and Opportunity Act)”. (bb) Second Chance Act of 2007.— The Second Chance Act of 2007 (42 U.S.C. 17501 et seq.) is amended as follows: (1) Section 212 of such Act (42 U.S.C. 17532) is amended— (A) in subsection (c)(1)(B), by striking “in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),” and inserting “in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act,”; and (B) in subsection (d)(1)(B)(iii), by striking “the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832)),” and inserting “the local workforce development boards established under section 107 of the Workforce Innovation and Opportunity Act,”. (2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is amended by striking “the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))” and inserting “the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act”. (cc) Small Business Act.— Section 7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking “an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998” and inserting “an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act”. (dd) Social Security Act.— The Social Security Act (42 U.S.C. 301 et seq.) is amended as follows: (1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is amended— (A) in subparagraph (A)(vii)(I), by striking “chief elected official (as defined in section 101 of the Workforce Investment Act of 1998)” and inserting “chief elected official (as defined in section 3 of the Workforce Innovation and Opportunity Act)”; and (B) in subparagraph (D)(ii), by striking “local workforce investment board established for the service delivery area pursuant to title I of the Workforce Investment Act of 1998, as appropriate” and inserting “local workforce development board established for the local workforce development area pursuant to title I of the Workforce Innovation and Opportunity Act, as appropriate”. (2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b–19(f)(1)(B)) is amended by striking “a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)” and inserting “a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act”. (3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b–20(a)(3)) is amended by striking “a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)” and inserting “a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act”. (4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is amended— (A) in paragraph (2)(B), by striking “the State workforce investment board established under section 111 of the Workforce Investment Act of 1998” and inserting “the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act”; and (B) in paragraph (4)(A), by striking “a local workforce investment board established under section 117 of the Workforce Investment Act of 1998,” and inserting “a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act,”. (ee) Title 18 of the United States Code.— Section 665 of title 18 of the United States Code is amended— (1) in subsection (a), by striking “Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998” and inserting “Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998”; (2) in subsection (b), by striking “a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998” and inserting “a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998”; and (3) in subsection (c), by striking “Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,” and inserting “Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998,”. (ff) Title 31 of the United States Code.— Section 6703(a)(4) of title 31 of the United States Code is amended by striking “Programs under title I of the Workforce Investment Act of 1998.” and inserting “Programs under title I of the Workforce Innovation and Opportunity Act.”. (gg) Title 38 of the United States Code.— Title 38 of the United States Code is amended as follows: (1) Section 4101(9) of title 38 of the United States Code is amended by striking “The term ‘intensive services’ means local employment and training services of the type described in section 134(d)(3) of the Workforce Investment Act of 1998” and inserting “The term ‘career services’ means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act”. (2) Section 4102A of title 38 of the United States Code is amended— (A) in subsection (d), by striking “participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998” and inserting “participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Innovation and Opportunity Act”; and (B) in subsection (f)(2)(A), by striking “be consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998” and inserting “be consistent with State performance accountability measures applicable under section 116(b) of the Workforce Innovation and Opportunity Act”. (3) Section 4104A of title 38 of the United States Code is amended— (A) in subsection (b)(1)(B), by striking “the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)”; and (B) in subsection (c)(1)(A), by striking “the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)”. (4) Section 4110B of title 38 of the United States Code is amended by striking “enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))” and inserting “enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act”. (5) Section 4213(a)(4) of title 38 of the United States Code is amended by striking “Any employment or training program carried out under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “Any employment or training program carried out under title I of the Workforce Innovation and Opportunity Act”. (hh) Trade Act of 1974.— The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended as follows: (1) Section 221(a) of such Act (19 U.S.C. 2271) is amended— (A) in paragraph (1)(C)— (i) by striking “, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) including State employment security agencies,” and inserting “, one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) including State employment security agencies,”; and (ii) by striking “or the State dislocated worker unit established under title I of such Act,” and inserting “or a State dislocated worker unit,”; and (B) in subsection (a)(2)(A), by striking “rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws” and inserting “rapid response activities and appropriate career services (as described in section 134 of the Workforce Innovation and Opportunity Act) authorized under other Federal laws”. (2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C. 2272(d)(2)(A)(iv)) is amended by striking “one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))” and inserting “one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act)”. (3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) is amended— (A) in subparagraph (B), by striking “any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998” and inserting “any training program provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act”; and (B) in the flush text following subparagraph (H), by striking “The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).” and inserting “The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Innovation and Opportunity Act.”. (4) Section 239 of such Act (19 U.S.C. 2311) is amended— (A) in subsection (f), by striking “Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Investment Act of 1998” and inserting “Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Innovation and Opportunity Act”; and (B) in subsection (h), by striking “the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))” and inserting “the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act, a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act,”. (ii) United States Housing Act of 1937.— Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended— (1) in subsection (b)(2)(A), by striking “lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998” and inserting “lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Innovation and Opportunity Act”; (2) in subsection (f)(2), by striking “the local agencies (if any) responsible for carrying out programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,” and inserting “the local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,”; and (3) in subsection (g)— (A) in paragraph (2), by striking “any local agencies responsible for programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act” and inserting “any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act”; and (B) in paragraph (3)(H), by striking “programs under title I of the Workforce Investment Act of 1998 and any other relevant employment, child care, transportation, training, and education programs in the applicable area” and inserting “programs under title I of the Workforce Innovation and Opportunity Act and any other relevant employment, child care, transportation, training, and education programs in the applicable area”. (jj) Violent Crime Control and Law Enforcement Act of 1994.— Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking “job training programs authorized under title I of the Workforce Investment Act of 1998 or the Family Support Act of 1988 (Public Law 100–485)” and inserting “job training programs authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 (Public Law 100–485)”. (kk) Worker Adjustment and Retraining Notification Act.— Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking “the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998,” and inserting “the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Innovation and Opportunity Act,”.
Effective date note
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that: Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].” Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 4022(2) · 132 Stat. 4490
Substituted · 7 U.S.C. § 2014(a)
Pub. L. 115–334, § 4022(2), substituted “2012(m)(4)” for “2012(n)(4)” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–334, § 4022(2), substituted “2012(m)(4)” for “2012(n)(4)” in two places.
Enacted provision · exact public law section
(2) in section 5(a) by striking “and section” each place it appears and all that follows through “households” the respective next place it appears, and inserting “and section 3(m)(4), households”,
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 4004 · 132 Stat. 4490
1. Added · 7 U.S.C. § 2014(e)(6)(D)
  Pub. L. 115–334, § 4004, added cls. (i) and (ii)
2. Redesignated · 7 U.S.C. § 2014(e)(6)(D)
  Pub. L. 115–334, § 4004, redesignated former cl. (ii) as (iii)
3. Struck · 7 U.S.C. § 2014(e)(6)(D)
  Pub. L. 115–334, § 4004, struck out former cl. (i). Prior to amendment, text of cl. (i) read as follows: “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.”
Source evidence
Code amendment note
Subsec. (e)(6)(D). Pub. L. 115–334, § 4004, added cls. (i) and (ii), redesignated former cl. (ii) as (iii), and struck out former cl. (i). Prior to amendment, text of cl. (i) read as follows: “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.”
Enacted provision · exact public law section
SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS. Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended— (1) by redesignating clause (ii) as clause (iii), and (2) by striking clause (i) and inserting the following: “(i) Alternative deduction.— The State agency shall allow a deduction of $143 a month for households— “(I) in which all members are homeless individuals; “(II) that are not receiving free shelter throughout the month; and “(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A). “(ii) Adjustment.— For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be 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.” .
2025
Pub. L. 119–21 § 10103(a) · 139 Stat. 83
Inserted · 7 U.S.C. § 2014(e)(6)(C)(iv)(I)
Pub. L. 119–21, § 10103(a), inserted “with an elderly or disabled member” after “households”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(6)(C)(iv)(I). Pub. L. 119–21, § 10103(a), inserted “with an elderly or disabled member” after “households”.
2025
Pub. L. 119–21 § 10104 · 139 Stat. 83
Added · 7 U.S.C. § 2014(e)(6)(E)
Pub. L. 119–21, § 10104, added subpar. (E)
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(6)(E). Pub. L. 119–21, § 10104, added subpar. (E).
2025
Pub. L. 119–21 § 10103(b)(1) · 139 Stat. 83
Inserted · 7 U.S.C. § 2014(k)(4)(A)
Pub. L. 119–21, § 10103(b)(1), inserted “without an elderly or disabled member” before “shall be”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (k)(4)(A). Pub. L. 119–21, § 10103(b)(1), inserted “without an elderly or disabled member” before “shall be”.
2025
Pub. L. 119–21 § 10103(b)(2) · 139 Stat. 83
Inserted · 7 U.S.C. § 2014(k)(4)(B)
Pub. L. 119–21, § 10103(b)(2), inserted “with an elderly or disabled member” before “under a State law”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (k)(4)(B). Pub. L. 119–21, § 10103(b)(2), inserted “with an elderly or disabled member” before “under a State law”.

229 of 268 references resolved to an enrolled provision · 21 partial · 18 unresolved

Editorial Notes

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. Titles I, II, IV, X, XIV, XVI, and XIX of the Social Security Act are classified generally to subchapters I (§ 301 et seq.), II (§ 401 et seq.), IV (§ 601 et seq.), X (§ 1201 et seq.), XIV (§ 1351 et seq.), XVI (§ 1381 et seq.), and XIX (§ 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 (§ 601 et seq.) and D (§ 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.

Section 3507 of title 26, referred to in subsec. (d)(13), was repealed by Pub. L. 111–226, title II, § 219(a)(1), Aug. 10, 2010, 124 Stat. 2403.

The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (e)(6)(C)(iv), is title XXVI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified generally to subchapter II (§ 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.

The Workforce Innovation and Opportunity Act, referred to in subsec. (l), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments1971–2025 · 25 rounds

2025

Subsec. (e)(6)(C)(iv)(I). Pub. L. 119–21, § 10103(a), inserted “with an elderly or disabled member” after “households”.

Subsec. (e)(6)(E). Pub. L. 119–21, § 10104, added subpar. (E).

Subsec. (k)(4)(A). Pub. L. 119–21, § 10103(b)(1), inserted “without an elderly or disabled member” before “shall be”.

Subsec. (k)(4)(B). Pub. L. 119–21, § 10103(b)(2), inserted “with an elderly or disabled member” before “under a State law”.

2018

Subsec. (a). Pub. L. 115–334, § 4022(2), substituted “2012(m)(4)” for “2012(n)(4)” in two places.

Subsec. (e)(6)(D). Pub. L. 115–334, § 4004, added cls. (i) and (ii), redesignated former cl. (ii) as (iii), and struck out former cl. (i). Prior to amendment, text of cl. (i) read as follows: “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.”

2014

Subsec. (a). Pub. L. 113–79, § 4008(b), substituted “subsections (b), (d)(2), (g), and (r) of section 2015 of this title” for “sections 2015(b), 2015(d)(2), and 2015(g) of this title”.

Subsec. (d)(14). Pub. L. 113–79, § 4022(b)(1)(A), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d)(4)(I) of this title”.

Subsec. (e)(3)(B)(iii). Pub. L. 113–79, § 4022(b)(1)(B), inserted “or a pilot project under section 2025(h)(1)(F) of this title ” after “section 2015(d)(4) of this title”.

Subsec. (e)(5)(C). Pub. L. 113–79, § 4005, added subpar. (C).

Subsec. (e)(6)(C)(i). Pub. L. 113–79, § 4006(a)(1), inserted “, subject to clause (iv)” after “Secretary”.

Subsec. (e)(6)(C)(iv)(I). Pub. L. 113–79, § 4006(a)(2), added subcl. (I) and struck out former subcl. (I). Text read as follows: “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.”

Subsec. (g)(3). Pub. L. 113–79, § 4022(b)(1)(C), inserted “or a pilot project under section 2025(h)(1)(F) of this title” after “section 2015(d) of this title”.

Subsec. (i)(2)(D). Pub. L. 113–79, § 4030(c)(1), substituted “section 2022(b) of this title” for “section 2022(b)(2) of this title”.

Subsec. (k)(4)(A). Pub. L. 113–79, § 4030(c)(2), substituted “paragraph (2)(G)” for “paragraph (2)(H)”.

Subsec. (l). Pub. L. 113–128, which directed amendment of subsec. (l) by substituting “Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act” for “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” was executed by making the substitution for “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” to reflect the probable intent of Congress.

2008

Subsec. (a). Pub. L. 110–246, § 4115(b)(3)(A), which directed substitution of “section 2012(n)(4)” for “section 2012(i)(4)”, was executed by making the substitution in two places, to reflect the probable intent of Congress.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.

Subsecs. (b), (c). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (d). Pub. L. 110–246, § 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, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.

Subsec. (e)(1)(A)(ii). Pub. L. 110–246, § 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, § 4102(2), substituted “not less than—” and subcls. (I) and (II) for “not less than $269.”

Subsec. (e)(1)(C). Pub. L. 110–246, § 4102(3), added subpar. (C).

Subsec. (e)(3)(A). Pub. L. 110–246, § 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, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.

Subsec. (g). Pub. L. 110–246, § 4104(a)(1), inserted subsec. heading.

Subsec. (g)(1). Pub. L. 110–246, § 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, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (g)(2)(B)(v). Pub. L. 110–246, § 4104(b)(1), substituted “savings account” for “savings or retirement account (including an individual account)”.

Subsec. (g)(3), (6). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (g)(7), (8). Pub. L. 110–246, § 4104(b)(2), (c), added pars. (7) and (8).

Subsec. (h)(2)(A). Pub. L. 110–246, § 4002(a)(2), substituted “Disaster Task Force” for “Food Stamp Disaster Task Force”.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (h)(3)(B). Pub. L. 110–246, § 4115(b)(3)(B), substituted “section 2016(h)” for “section 2016(i)” in second sentence.

Subsec. (i)(2)(E). Pub. L. 110–246, § 4115(b)(3)(C), struck out “, as defined in section 2012(i) of this title,” after “household”.

Subsec. (l). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

2002

Subsec. (a). Pub. L. 107–171, § 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, § 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, § 4102, added cls. (16) to (18).

Subsec. (e)(1). Pub. L. 107–171, § 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, § 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, § 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, § 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, § 4104(1), inserted “(without regard to subclause (III))” after “Secretary finds”.

Subsec. (e)(7)(C)(iii)(III). Pub. L. 107–171, § 4104(2), added subcl. (III).

Subsec. (e)(7)(D). Pub. L. 107–171, § 4105(a), added subpar. (D).

Subsec. (f)(1)(C). Pub. L. 107–171, § 4106, added subpar. (C).

Subsec. (g)(1). Pub. L. 107–171, § 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, § 4107(2), added par. (6).

Subsec. (h)(3)(B). Pub. L. 107–171, § 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, § 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, § 4105(b)(2), substituted “subsection (e)(6) of this section” for “subsection (e)(7) of this section”.

Subsec. (n). Pub. L. 107–171, § 4101(b)(2), added subsec. (n).

2000

Subsec. (e)(7)(B)(iii) to (vi). Pub. L. 106–387, § 1(a) [title VIII, § 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, § 1(a) [title VIII, § 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, § 1(a) [title VIII, § 847(a)(2)], added subpar. (D).

1998

Subsec. (l). Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 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, § 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, § 806, inserted heading and substituted “Except as otherwise provided in this chapter, the Secretary” for “The Secretary”.

Subsec. (d)(5). Pub. L. 104–193, § 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, § 807, substituted “17” for “21”.

Subsec. (d)(11). Pub. L. 104–193, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 808(b)(3), added par. (4).

Subsec. (m). Pub. L. 104–193, § 812, added subsec. (m).

Pub. L. 104–193, § 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, § 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, § 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, § 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, § 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, § 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, § 13912(a)(2), in seventh sentence struck out “under clause (2) of the preceding sentence” after “shelter expense deduction”.

Pub. L. 103–66, § 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, § 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, § 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, § 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, § 13915, substituted “housing expenses, not including energy or utility-cost assistance,” for “living expenses”.

Subsec. (k)(2)(F). Pub. L. 103–66, § 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, § 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, § 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, § 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, § 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, § 903(2), (3), added cl. (16).

Subsec. (g)(5). Pub. L. 102–237, § 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, § 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, § 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, § 941(2)(C), realigned the margin.

Subsec. (k)(2)(F). Pub. L. 102–237, § 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, § 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, § 1714(1), struck out “and beginning on December 23, 1985,” before “households in which each member receives”.

Subsec. (d)(3). Pub. L. 101–624, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 1719(1), designated first through fourth sentences as pars. (1) to (4), respectively, and added par. (5).

Subsec. (h)(3). Pub. L. 101–624, § 1720, added par. (3).

Subsec. (j). Pub. L. 101–624, § 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, § 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, § 1722, added subpar. (H).

1988

Subsec. (a). Pub. L. 100–435, § 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, § 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, § 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, § 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, § 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, § 402, added cl. (14).

Subsec. (d)(15). Pub. L. 100–435, § 403(a), added cl. (15).

Subsec. (e). Pub. L. 100–435, § 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, § 351, inserted provisions at end respecting method of claiming recurring medical expense deduction.

Subsec. (f)(1)(A). Pub. L. 100–435, § 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, § 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, § 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, § 803(a), inserted “shall be adjusted each October 1 and” after first reference to “eligibility”.

Subsec. (e). Pub. L. 100–77, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 1509(a)(5), inserted “except as otherwise provided in subsection (k) of this section”.

Subsec. (d)(13). Pub. L. 99–198, § 1510(1), added cl. (13).

Subsec. (e). Pub. L. 99–198, § 1511(1), substituted “homeowners’ costs and maintenance and repair component” for “homeownership component” in second sentence.

Pub. L. 99–198, § 1511(2), substituted “20 per centum” for “18 per centum” in third sentence.

Pub. L. 99–198, § 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, § 1511(3)(C), substituted “and (2)” for “, or (2)” in fourth sentence.

Pub. L. 99–198, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 1513(a)(3), added subpar. (D).

Subsec. (g). Pub. L. 99–198, § 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, § 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, § 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, § 1508(2), added subsec. (k) consisting of pars. (1) and (2).

Subsec. (k)(3). Pub. L. 99–198, § 1509(b), added par. (3).

Subsec. (l). Pub. L. 99–198, § 1509(c), added subsec. (l).

Subsec. (m). Pub. L. 99–198, § 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, §§ 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, § 147, added cl. (12).

Subsec. (e). Pub. L. 97–253, §§ 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, § 189(a), corrected a typographical error by substituting “prospective” for “propsective”.

Subsec. (f)(4). Pub. L. 97–253, § 150, inserted “(except the provisions of paragraph (2)(A))” after “of this subsection”.

Subsec. (g). Pub. L. 97–253, §§ 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, § 153, added subsec. (j).

1981

Subsec. (b). Pub. L. 97–35, § 116(a)(1), struck out reference to Puerto Rico.

Subsec. (c). Pub. L. 97–35, §§ 104(a)(1), 116(a)(1), added cls. (1) and (2) and struck out reference to Puerto Rico.

Subsec. (d). Pub. L. 97–98, §§ 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, §§ 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, § 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, §§ 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, § 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, § 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, § 1309, inserted “(other than those relating to licensed vehicles)” after “June 1, 1977”.

Subsec. (i). Pub. L. 97–98, § 1308, added subsec. (i).

1980

Subsec. (c). Pub. L. 96–249, § 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, §§ 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, §§ 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, §§ 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, § 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, §§ 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, § 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, § 3(e), inserted definition of “able-bodied adult person”.

Subsec. (d). Pub. L. 93–86, § 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat. 787, provided that:

“(1)
In general.—
Except as provided in paragraph (2), this section [amending this section and section 8624 of Title 42, The Public Health and Welfare] and the amendments made by this section shall—
“(A)
take effect 30 days after the date of enactment of this Act [Feb. 7, 2014]; and
#
“(B)
apply with respect to certification periods that begin after that date.
#
#
“(2)
State option to delay implementation for current recipients.—
A State may, at the option of the State, implement a policy that eliminates or reduces the effect of the amendments made by this section on households that received a standard utility allowance as of the date of enactment of this Act, for not more than a 5-month period beginning on the date on which the amendments would otherwise apply to the respective household.”
#

Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat. 788, provided that: “The amendments made by this section [amending this section and section 2015 of this title] shall not apply to a conviction if the conviction is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].”

Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128 Stat. 808, provided that: “The amendments made by this section [amending this section and sections 2025 and 2026 of this title] (other than the amendments made by subsection (a)(2) [amending section 2025 of this title]) shall apply beginning on the date of enactment of this Act [Feb. 7, 2014].”

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, § 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, § 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, § 1(a) [title VIII, § 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, § 1(a) [title VIII, § 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, § 405(d)(2)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(2)(A)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 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, § 1(b), Mar. 26, 1992, 106 Stat. 90, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(OO), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 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, § 501(b), Aug. 11, 1988, 102 Stat. 960, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(JJ), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 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, § 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, § 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, § 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, § 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, § 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, § 807(b), July 22, 1987, 101 Stat. 535, as amended by Pub. L. 101–220, § 10, Dec. 12, 1989, 103 Stat. 1882; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(E), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 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, § 101(a) [title VI, § 638(b)], Oct. 18, 1986, 100 Stat. 1783, 1783–35, and Pub. L. 99–591, § 101(a) [title VI, § 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

Pub. L. 99–198, title XV, §§ 1511(2), (3), 1514(1), Dec. 23, 1985, 99 Stat. 1570, 1572, provided that the amendments made by sections 1511(2), (3) and 1514(1) 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.

Pub. L. 97–35, title I, § 116(a), Aug. 13, 1981, 95 Stat. 364, provided that the amendment made by section 116(a) 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.

Pub. L. 97–35, title I, § 107(b), Aug. 13, 1981, 95 Stat. 361, provided that the amendment made by section 107(b) is effective Oct. 1, 1983.

Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 902, provided that the amendment made by section 2611 is effective Oct. 1, 1981.

Effective Date of 1980 Amendment

Pub. L. 96–249, title I, §§ 104–106, May 26, 1980, 94 Stat. 358, provided that the amendments made by sections 104 to 106 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

Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendments made by section 1301 are effective Oct. 1, 1977.

Inapplicability of Subsection (j) Between December 23, 1985, and September 30, 1989

Pub. L. 99–198, title XV, § 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, § 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, § 2611, Aug. 13, 1981, 95 Stat. 902, effective Oct. 1, 1981.

Calculation of Household Income

Pub. L. 101–624, title XVII, § 1718(b), Nov. 28, 1990, 104 Stat. 3785, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(KK), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 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, § 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, § 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.

Credits

1964–2025 · 35 acts

1964Pub. L. 88–525, § 5, Aug. 31, 1964, 78 Stat. 704
1971Pub. L. 91–671, § 4, Jan. 11, 1971, 84 Stat. 2049
1973Pub. L. 93–86, § 3(d), (e), (g), (h), Aug. 10, 1973, 87 Stat. 246, 247
1977Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 962
1979Pub. L. 96–58, § 2, Aug. 14, 1979, 93 Stat. 390
1980Pub. L. 96–223, title III, § 313(c)(2), Apr. 2, 1980, 94 Stat. 299
1980Pub. L. 96–249, title I, §§ 102–108, 112, 136–138, May 26, 1980, 94 Stat. 357–359, 361, 369, 370
1981Pub. L. 97–35, title I, §§ 104(a), 105–107, 115, 116(a)(1), title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 358–361, 364, 902
1981Pub. L. 97–98, title XIII, §§ 1305–1309, Dec. 22, 1981, 95 Stat. 1283, 1284
1982Pub. L. 97–253, title I, §§ 143(b), 145(c), (d), 146–152(a), 153, 189(a), Sept. 8, 1982, 96 Stat. 773–776, 787
1983Pub. L. 98–204, § 4, Dec. 2, 1983, 97 Stat. 1385
1985Pub. L. 99–198, title XV, §§ 1507(a)(1), 1508–1513(a), 1514, 1515, Dec. 23, 1985, 99 Stat. 1567–1572
1986Pub. L. 99–500, § 101(a) [title VI, § 638(a)], Oct. 18, 1986, 100 Stat. 1783, 1783–34, and Pub. L. 99–591, § 101(a) [title VI, § 638(a)], Oct. 30, 1986, 100 Stat. 3341, 3341–34
1987Pub. L. 100–77, title VIII, §§ 803(a), 804(a), 805(a), 806(a), 807(a), July 22, 1987, 101 Stat. 534, 535
1988Pub. L. 100–232, § 2(a), Jan. 5, 1988, 101 Stat. 1566
1988Pub. L. 100–387, title V, § 501(a), Aug. 11, 1988, 102 Stat. 960
1988Pub. L. 100–435, title II, §§ 201, 202(a), title III, §§ 340–343, 351, title IV, §§ 402, 403, 404(f), Sept. 19, 1988, 102 Stat. 1655, 1656, 1663–1665, 1668
1988Pub. L. 100–707, title I, § 109(d), Nov. 23, 1988, 102 Stat. 4708
1990Pub. L. 101–624, title XVII, §§ 1714–1718(a), 1719–1722, 1726(b)(2), Nov. 28, 1990, 104 Stat. 3783–3787
1991Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239
1991Pub. L. 102–237, title IX, §§ 902–906, 941(2), Dec. 13, 1991, 105 Stat. 1884, 1885, 1892
1992Pub. L. 102–265, § 1(a), Mar. 26, 1992, 106 Stat. 90
1992Pub. L. 102–367, title VII, § 702(b), Sept. 7, 1992, 106 Stat. 1113
1993Pub. L. 103–66, title XIII, §§ 13911–13915, 13921, 13922(a), 13923, 13924, Aug. 10, 1993, 107 Stat. 673–675
1994Pub. L. 103–225, title I, § 101(b)(2), Mar. 25, 1994, 108 Stat. 107
1996Pub. L. 104–193, title I, § 109(a), title VIII, §§ 806–809(a), 810–812, Aug. 22, 1996, 110 Stat. 2169, 2309, 2313, 2314
1998Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(2)(A), (f)(2)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–418, 2681–429
2000Pub. L. 106–387, § 1(a) [title VIII, §§ 846(a), 847(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–65, 1549A–66
2002Pub. L. 107–171, title IV, §§ 4101–4108(a), 4112(b)(2), 4401(b)(2)(C), May 13, 2002, 116 Stat. 305–309, 313, 333
2008Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(2), 4101–4104, 4115(b)(3), May 22, 2008, 122 Stat. 1092, 1098–1100, 1106
2008Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(2), 4101–4104, 4115(b)(3), June 18, 2008, 122 Stat. 1664, 1853, 1859–1861, 1867
2014Pub. L. 113–79, title IV, §§ 4005, 4006(a), 4008(b), 4022(b)(1), 4030(c), Feb. 7, 2014, 128 Stat. 786–788, 808, 814
2014Pub. L. 113–128, title V, § 512(l)(1), July 22, 2014, 128 Stat. 1709
2018Pub. L. 115–334, title IV, §§ 4004, 4022(2), Dec. 20, 2018, 132 Stat. 4627, 4653
2025Pub. L. 119–21, title I, §§ 10103, 10104, July 4, 2025, 139 Stat. 83.

Show as published

(Pub. L. 88–525, § 5, Aug. 31, 1964, 78 Stat. 704; Pub. L. 91–671, § 4, Jan. 11, 1971, 84 Stat. 2049; Pub. L. 93–86, § 3(d), (e), (g), (h), Aug. 10, 1973, 87 Stat. 246, 247; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 962; Pub. L. 96–58, § 2, Aug. 14, 1979, 93 Stat. 390; Pub. L. 96–223, title III, § 313(c)(2), Apr. 2, 1980, 94 Stat. 299; Pub. L. 96–249, title I, §§ 102–108, 112, 136–138, May 26, 1980, 94 Stat. 357–359, 361, 369, 370; Pub. L. 97–35, title I, §§ 104(a), 105–107, 115, 116(a)(1), title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 358–361, 364, 902; Pub. L. 97–98, title XIII, §§ 1305–1309, Dec. 22, 1981, 95 Stat. 1283, 1284; Pub. L. 97–253, title I, §§ 143(b), 145(c), (d), 146–152(a), 153, 189(a), Sept. 8, 1982, 96 Stat. 773–776, 787; Pub. L. 98–204, § 4, Dec. 2, 1983, 97 Stat. 1385; Pub. L. 99–198, title XV, §§ 1507(a)(1), 1508–1513(a), 1514, 1515, Dec. 23, 1985, 99 Stat. 1567–1572; Pub. L. 99–500, § 101(a) [title VI, § 638(a)], Oct. 18, 1986, 100 Stat. 1783, 1783–34, and Pub. L. 99–591, § 101(a) [title VI, § 638(a)], Oct. 30, 1986, 100 Stat. 3341, 3341–34; Pub. L. 100–77, title VIII, §§ 803(a), 804(a), 805(a), 806(a), 807(a), July 22, 1987, 101 Stat. 534, 535; Pub. L. 100–232, § 2(a), Jan. 5, 1988, 101 Stat. 1566; Pub. L. 100–387, title V, § 501(a), Aug. 11, 1988, 102 Stat. 960; Pub. L. 100–435, title II, §§ 201, 202(a), title III, §§ 340–343, 351, title IV, §§ 402, 403, 404(f), Sept. 19, 1988, 102 Stat. 1655, 1656, 1663–1665, 1668; Pub. L. 100–707, title I, § 109(d), Nov. 23, 1988, 102 Stat. 4708; Pub. L. 101–624, title XVII, §§ 1714–1718(a), 1719–1722, 1726(b)(2), Nov. 28, 1990, 104 Stat. 3783–3787; Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–237, title IX, §§ 902–906, 941(2), Dec. 13, 1991, 105 Stat. 1884, 1885, 1892; Pub. L. 102–265, § 1(a), Mar. 26, 1992, 106 Stat. 90; Pub. L. 102–367, title VII, § 702(b), Sept. 7, 1992, 106 Stat. 1113; Pub. L. 103–66, title XIII, §§ 13911–13915, 13921, 13922(a), 13923, 13924, Aug. 10, 1993, 107 Stat. 673–675; Pub. L. 103–225, title I, § 101(b)(2), Mar. 25, 1994, 108 Stat. 107; Pub. L. 104–193, title I, § 109(a), title VIII, §§ 806–809(a), 810–812, Aug. 22, 1996, 110 Stat. 2169, 2309, 2313, 2314; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(2)(A), (f)(2)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–418, 2681–429; Pub. L. 106–387, § 1(a) [title VIII, §§ 846(a), 847(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–65, 1549A–66; Pub. L. 107–171, title IV, §§ 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, §§ 4001(b), 4002(a)(2), 4101–4104, 4115(b)(3), May 22, 2008, 122 Stat. 1092, 1098–1100, 1106; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(2), 4101–4104, 4115(b)(3), June 18, 2008, 122 Stat. 1664, 1853, 1859–1861, 1867; Pub. L. 113–79, title IV, §§ 4005, 4006(a), 4008(b), 4022(b)(1), 4030(c), Feb. 7, 2014, 128 Stat. 786–788, 808, 814; Pub. L. 113–128, title V, § 512(l)(1), July 22, 2014, 128 Stat. 1709; Pub. L. 115–334, title IV, §§ 4004, 4022(2), Dec. 20, 2018, 132 Stat. 4627, 4653; Pub. L. 119–21, title I, §§ 10103, 10104, July 4, 2025, 139 Stat. 83.)