§ 2020. Administration

Footnotes

1. 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.

1. 1964

   The Food Stamp Act of 1964

   Pub. L. 88–525 § 11 · 78 Stat. 703

   Enacted · 7 U.S.C. § 2020

   Pub. L. 88–525, § 11, Aug. 31, 1964, 78 Stat. 707

   Source evidence

   Code source credit
   Pub. L. 88–525, § 11, Aug. 31, 1964, 78 Stat. 707

   Enacted provision · exact public law section
   Sec. 11. disqualification of retail food storks and wh0le8aijs food concerns Any approved retail food store or wholesale food concern may be disqualified from further participation in the food stamp program on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act, or of the regulations issued pursuant to this Act. Such disqualification shall lie for such period of time as may be determined in accordance with regulations issued pursuant to this Act. The action of disqualification shall be subject to review as provided in section 13 of this Act.

2. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title XIII § 1301 · 91 Stat. 913

   Substituted · 7 U.S.C. § 2020

   Pub. L. 95–113 substituted revised provisions relating to the administration of the program for provisions relating to the disqualification of retail stores and wholesale concerns which are now covered by section 2021 of this title

   Source evidence

   Code amendment note
   Pub. L. 95–113 substituted revised provisions relating to the administration of the program for provisions relating to the disqualification of retail stores and wholesale concerns which are now covered by section 2021 of this title.

   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.”

3. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 § 116 · 94 Stat. 357

   Inserted · 7 U.S.C. § 2020(e)(3)

   Pub. L. 96–249, § 116, inserted “(in part through the use of the information, if any, obtained under subsections (h) and (i) of section 2025 of this title)” after “section 2014(d) of this title” and “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program conducted under section 2025 of this title and as approved by the Secretary” after “sections 2014 and 2015 of this title,”

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 96–249, § 116, inserted “(in part through the use of the information, if any, obtained under subsections (h) and (i) of section 2025 of this title)” after “section 2014(d) of this title” and “although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the quality control program conducted under section 2025 of this title and as approved by the Secretary” after “sections 2014 and 2015 of this title,”.

   Enacted provision · exact public law section
   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,”.

4. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 § 113 · 94 Stat. 357

   Inserted · 7 U.S.C. § 2020(e)(4)

   Pub. L. 96–249, § 113, inserted proviso that the timeliness standards for submitting the notice of expiration and filing an application for recertification may be modified by the Secretary in light of sections 2014(f)(2) and 2015(c) of this title if administratively necessary

   Source evidence

   Code amendment note
   Subsec. (e)(4). Pub. L. 96–249, § 113, inserted proviso that the timeliness standards for submitting the notice of expiration and filing an application for recertification may be modified by the Secretary in light of sections 2014(f)(2) and 2015(c) of this title if administratively necessary.

   Enacted provision · exact public law section
   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”.

5. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 title I · 94 Stat. 357

   Added · 7 U.S.C. § 2020(e)(17)(19)

   Pub. L. 96–249, §§ 117–119, added pars. (17) to (19)

   Source evidence

   Code amendment note
   Subsec. (e)(17) to (19). Pub. L. 96–249, §§ 117–119, added pars. (17) to (19).

   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)”.

6. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 § 120 · 94 Stat. 357

   Inserted · 7 U.S.C. § 2020(g)

   Pub. L. 96–249, § 120, inserted “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,” after “the Secretary determines”, “without good cause” after “to comply”, “or the Secretary’s standards for the efficient and effective administration of the program established under section 2025(b)(1) of this title” after “subsection (d) of this section,”, and “, and whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 2025(a) and (c) of this title as the Secretary determines to be appropriate, subject to administrative and judicial review under section 2023 of this title” after “relief shall issue”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 96–249, § 120, inserted “, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency of a type specified in this subsection,” after “the Secretary determines”, “without good cause” after “to comply”, “or the Secretary’s standards for the efficient and effective administration of the program established under section 2025(b)(1) of this title” after “subsection (d) of this section,”, and “, and whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 2025(a) and (c) of this title as the Secretary determines to be appropriate, subject to administrative and judicial review under section 2023 of this title” after “relief shall issue”.

   Enacted provision · exact public law section
   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.”.

7. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 § 122 · 94 Stat. 357

   Substituted · 7 U.S.C. § 2020(i)(2)

   Pub. L. 96–249, § 122, substituted “simple application” for “simplified affidavit”

   Source evidence

   Code amendment note
   Subsec. (i)(2). Pub. L. 96–249, § 122, substituted “simple application” for “simplified affidavit”.

   Enacted provision · exact public law section
   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”.

8. 1980

   Food Stamp Act Amendments of 1980

   Pub. L. 96–249 § 123 · 94 Stat. 357

   Added · 7 U.S.C. § 2020(l)

   Pub. L. 96–249, § 123, added subsec. (l)

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 96–249, § 123, added subsec. (l).

   Enacted provision · exact public law section
   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.”.

9. 1981

   Pub. L. 97–35 title I § 111(a) · 95 Stat. 357

   1. Added · 7 U.S.C. § 2020(e)(1)

      Pub. L. 97–35 added cl. (A)

   2. Redesignated · 7 U.S.C. § 2020(e)(1)

      Pub. L. 97–35 redesignated cl. (C) as (B). Former cls. (A) and (B), relating to informing low-income households about the program, and conducting other outreach activities, respectively, were struck out

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 97–35 added cl. (A) and redesignated cl. (C) as (B). Former cls. (A) and (B), relating to informing low-income households about the program, and conducting other outreach activities, respectively, were struck out.

   Enacted provision · exact public law section
   (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;”.

10. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1316 · 95 Stat. 1213

    Struck · 7 U.S.C. § 2020(b)

    Pub. L. 97–98, § 1316, struck out subsec. (b) which provided that certification of a household as eligible in any political subdivision, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remains valid for participation in the food stamp program for a period of sixty days from the date of such removal

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–98, § 1316, struck out subsec. (b) which provided that certification of a household as eligible in any political subdivision, in the event of removal of such household to another political subdivision in which the food stamp program is operating, remains valid for participation in the food stamp program for a period of sixty days from the date of such removal.

    Enacted provision · exact public law section
    Sec. 1316. sixty-day transfer of certification Section 11 of the Food Stamp Act of 1977 is amended by striking out subsection (b).

11. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1317 · 95 Stat. 1213

    Inserted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 97–98, § 1317, inserted provision that the application contain in understandable terms and in prominent and boldface lettering a statement that the information provided by the applicant is subject to verification and if incorrect the applicant may be subject to denial of food stamps and criminal prosecution

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 97–98, § 1317, inserted provision that the application contain in understandable terms and in prominent and boldface lettering a statement that the information provided by the applicant is subject to verification and if incorrect the applicant may be subject to denial of food stamps and criminal prosecution.

    Enacted provision · exact public law section
    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.”.

12. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1318 · 95 Stat. 1213

    1. Substituted · 7 U.S.C. § 2020(e)(4)

       Pub. L. 97–98, § 1318, substituted “prior to” for “immediately prior to or at”

    2. Substituted · 7 U.S.C. § 2020(e)(4)

       Pub. L. 97–98, § 1318, substituted “advising the household” for “advising it”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 97–98, § 1318, substituted “prior to” for “immediately prior to or at” and “advising the household” for “advising it”.

    Enacted provision · exact public law section
    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”.

13. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1319 · 95 Stat. 1213

    Inserted · 7 U.S.C. § 2020(e)(8)

    Pub. L. 97–98, § 1319, inserted provision that such safeguards not prevent the use or disclosure of such information to the Comptroller General of the United States for audit and examination authorized by any other provision of law and that, notwithstanding any other provision of law, all information obtained under this chapter from an applicant household be available to local, State, or Federal law enforcement officials for the purpose of investigating an alleged violation of this chapter or any regulation issued under this chapter

    Source evidence

    Code amendment note
    Subsec. (e)(8). Pub. L. 97–98, § 1319, inserted provision that such safeguards not prevent the use or disclosure of such information to the Comptroller General of the United States for audit and examination authorized by any other provision of law and that, notwithstanding any other provision of law, all information obtained under this chapter from an applicant household be available to local, State, or Federal law enforcement officials for the purpose of investigating an alleged violation of this chapter or any regulation issued under this chapter.

    Enacted provision · exact public law section
    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”.

14. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1320(a) · 95 Stat. 1213

    Inserted · 7 U.S.C. § 2020(e)(11)

    Pub. L. 97–98, § 1320(a), inserted provision that allotments not be restored for any period of time more than one year prior to the date the State agency receives a request for such restoration from a household or the State agency is notified or otherwise discovers that a loss to a household has occurred

    Source evidence

    Code amendment note
    Subsec. (e)(11). Pub. L. 97–98, § 1320(a), inserted provision that allotments not be restored for any period of time more than one year prior to the date the State agency receives a request for such restoration from a household or the State agency is notified or otherwise discovers that a loss to a household has occurred.

    Enacted provision · exact public law section
    (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;”.

15. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1321 · 95 Stat. 1213

    Added · 7 U.S.C. § 2020(e)(20); 7 U.S.C. § 2020(e)(21)

    Pub. L. 97–98, § 1321, added pars. (20) and (21)

    Source evidence

    Code amendment note
    Subsec. (e)(20), (21). Pub. L. 97–98, § 1321, added pars. (20) and (21).

    Enacted provision · exact public law section
    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.”.

16. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1322 · 95 Stat. 1213

    1. Substituted · 7 U.S.C. § 2020(f)

       Pub. L. 97–98, § 1322, substituted “is authorized to extend food and nutrition education to reach food stamp participants, using methods and techniques developed in the expanded food and nutrition education and other programs” for “shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants”

    2. Struck · 7 U.S.C. § 2020(f)

       Pub. L. 97–98, § 1322, struck out provision that the program be supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–98, § 1322, substituted “is authorized to extend food and nutrition education to reach food stamp participants, using methods and techniques developed in the expanded food and nutrition education and other programs” for “shall extend the expanded food and nutrition education program to the greatest extent possible to reach food stamp program participants” and struck out provision that the program be supplemented by the development of single concept printed materials, specifically designed for persons with low reading and comprehension levels, on how to buy and prepare more nutritious and economical meals and on the relationship between food and good health.

    Enacted provision · exact public law section
    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.”.

17. 1981

    Food Stamp and Commodity Distribution Amendments of 1981

    Pub. L. 97–98 § 1323 · 95 Stat. 1213

    Added · 7 U.S.C. § 2020(m)

    Pub. L. 97–98, § 1323, added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 97–98, § 1323, added subsec. (m).

    Enacted provision · exact public law section
    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.”.

18. 1982

    Pub. L. 97–253 § 166 · 96 Stat. 779

    Inserted · 7 U.S.C. § 2020(d)

    Pub. L. 97–253, § 166, inserted provision that the Secretary may not, as a part of the approval process for a plan of operation, require a State to submit for prior approval by the Secretary the State agency instructions to staff, interpretations of existing policy, State agency methods of administration, forms used by the State agency, or any materials, documents, memoranda, bulletins, or other matter, unless the State determines that the materials, documents, memoranda, bulletins, or other matter alter or amend the State plan of operation or conflict with the rights and levels of benefits to which a household is entitled

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–253, § 166, inserted provision that the Secretary may not, as a part of the approval process for a plan of operation, require a State to submit for prior approval by the Secretary the State agency instructions to staff, interpretations of existing policy, State agency methods of administration, forms used by the State agency, or any materials, documents, memoranda, bulletins, or other matter, unless the State determines that the materials, documents, memoranda, bulletins, or other matter alter or amend the State plan of operation or conflict with the rights and levels of benefits to which a household is entitled.

19. 1982

    Pub. L. 97–253 § 167(a) · 96 Stat. 779

    Struck · 7 U.S.C. § 2020(e)(2)

    Pub. L. 97–253, § 167(a), struck out “points and hours of certification, and for” after “Secretary for” in last sentence

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 97–253, § 167(a), struck out “points and hours of certification, and for” after “Secretary for” in last sentence.

20. 1982

    Pub. L. 97–253 § 180(b)(1) · 96 Stat. 779

    1. Substituted · 7 U.S.C. § 2020(e)(3)

       Pub. L. 97–253, § 180(b)(1), substituted “section 2025(e) of this title” for “subsections (h) and (i) of section 2025 of this title” respectively

    2. Substituted · 7 U.S.C. § 2020(e)(3)

       Pub. L. 97–253, § 180(b)(1), substituted “error rate reduction system” for “quality control program” respectively

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 97–253, § 180(b)(1), substituted “section 2025(e) of this title” for “subsections (h) and (i) of section 2025 of this title” and “error rate reduction system” for “quality control program”, respectively.

21. 1982

    Pub. L. 97–253 § 168 · 96 Stat. 779

    1. Substituted · 7 U.S.C. § 2020(e)(7)

       Pub. L. 97–253, § 168, substituted “an” for “any” wherever appearing

    2. Inserted · 7 U.S.C. § 2020(e)(7)

       Pub. L. 97–253, § 168, inserted provision that the Secretary may restrict the number of households which may be represented by an individual and otherwise establish criteria and verification standards for representation under this paragraph

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(7). Pub. L. 97–253, § 168, substituted “an” for “any” wherever appearing and inserted provision that the Secretary may restrict the number of households which may be represented by an individual and otherwise establish criteria and verification standards for representation under this paragraph.

22. 1982

    Pub. L. 97–253 § 169 · 96 Stat. 779

    Substituted · 7 U.S.C. § 2020(e)(8)

    Pub. L. 97–253, § 169, substituted “, regulations issued pursuant to this chapter, Federal assistance programs, or federally assisted State programs” for “or the regulations issued pursuant to this chapter”

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(8). Pub. L. 97–253, § 169, substituted “, regulations issued pursuant to this chapter, Federal assistance programs, or federally assisted State programs” for “or the regulations issued pursuant to this chapter”.

23. 1982

    Pub. L. 97–253 § 170 · 96 Stat. 779

    Struck · 7 U.S.C. § 2020(e)(9)

    Pub. L. 97–253, § 170, added par. (9). Former par. (9), which required that the State plan of operation provide that households in immediate need because of no income as defined in section 2014(d) and (e) of this title would receive coupons on an expedited basis, was struck out

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(9). Pub. L. 97–253, § 170, added par. (9). Former par. (9), which required that the State plan of operation provide that households in immediate need because of no income as defined in section 2014(d) and (e) of this title would receive coupons on an expedited basis, was struck out.

24. 1982

    Pub. L. 97–253 § 171 · 96 Stat. 779

    Inserted · 7 U.S.C. § 2020(e)(10)

    Pub. L. 97–253, § 171, inserted provision that in any case in which the State agency receives from the household a written statement containing information that clearly requires a reduction or termination of the household’s benefits, the State agency may act immediately to reduce or terminate the household’s benefits and may provide notice of its action to the household as late as the date on which the action becomes effective

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(10). Pub. L. 97–253, § 171, inserted provision that in any case in which the State agency receives from the household a written statement containing information that clearly requires a reduction or termination of the household’s benefits, the State agency may act immediately to reduce or terminate the household’s benefits and may provide notice of its action to the household as late as the date on which the action becomes effective.

25. 1982

    Pub. L. 97–253 title I · 96 Stat. 779

    1. Redesignated · 7 U.S.C. § 2020(e)(13)

       Pub. L. 97–253, §§ 167(b), 190(c)(1), redesignated par. (14) as (13)

    2. Struck · 7 U.S.C. § 2020(e)(13)

       Pub. L. 97–253, §§ 167(b), 190(c)(1), struck out former par. (13) which provided that the State plan of operation provide for compliance with standards set by the Secretary with respect to points and hours of coupon issuance

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(13). Pub. L. 97–253, §§ 167(b), 190(c)(1), redesignated par. (14) as (13) and struck out former par. (13) which provided that the State plan of operation provide for compliance with standards set by the Secretary with respect to points and hours of coupon issuance.

26. 1982

    Pub. L. 97–253 § 190(c)(1) · 96 Stat. 779

    Redesignated · 7 U.S.C. § 2020(e)(14)(21)

    Pub. L. 97–253, § 190(c)(1), redesignated pars. (14) to (22) as (13) to (21), respectively

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(14) to (21). Pub. L. 97–253, § 190(c)(1), redesignated pars. (14) to (22) as (13) to (21), respectively.

27. 1982

    Pub. L. 97–253 title I · 96 Stat. 779

    1. Added · 7 U.S.C. § 2020(e)(22)

       Pub. L. 97–253, §§ 172, 190(c)(1), added par. (22)

    2. Redesignated · 7 U.S.C. § 2020(e)(22)

       Pub. L. 97–253, §§ 172, 190(c)(1), redesignated it as par. (21)

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(22). Pub. L. 97–253, §§ 172, 190(c)(1), added par. (22) and redesignated it as par. (21).

28. 1982

    Pub. L. 97–253 title I · 96 Stat. 779

    1. Inserted · 7 U.S.C. § 2020(i)

       Pub. L. 97–253, §§ 173, 189(b)(2)(A), inserted provision requiring each State agency to implement pars. (1) and (2), and permitting each such agency to implement either par. (3) or (4), or both

    2. Substituted · 7 U.S.C. § 2020(i)

       Pub. L. 97–253, §§ 173, 189(b)(2)(A), substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 97–253, §§ 173, 189(b)(2)(A), inserted provision requiring each State agency to implement pars. (1) and (2), and permitting each such agency to implement either par. (3) or (4), or both, and substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare.

29. 1982

    Pub. L. 97–253 § 189(b)(2)(B) · 96 Stat. 779

    Substituted · 7 U.S.C. § 2020(j)

    Pub. L. 97–253, § 189(b)(2)(B), substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare

    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, § 189(b)(2)(B), substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare.

30. 1982

    Pub. L. 97–253 § 174 · 96 Stat. 779

    Added · 7 U.S.C. § 2020(n)

    Pub. L. 97–253, § 174, added subsec. (n)

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 97–253, § 174, added subsec. (n).

31. 1983

    Pub. L. 98–204 § 7 · 97 Stat. 1385

    Amended · 7 U.S.C. § 2020(e)(19)

    Pub. L. 98–204 amended par. (19) generally. Prior to amendment, par. (19) read as follows: “that information available from the Social Security Administration under the provisions of section 6103(i)(7) of title 26, and information available from agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act, shall be requested and utilized by the State agency (described in section 2012(n)(1) of this title), to the extent permitted under the provisions of such sections, except that the State agency shall not be required to request such information from the Social Security Administration if such information is available from the agency administering the State unemployment compensation laws;”

    Source evidence

    Code amendment note
    Subsec. (e)(19). Pub. L. 98–204 amended par. (19) generally. Prior to amendment, par. (19) read as follows: “that information available from the Social Security Administration under the provisions of section 6103(i)(7) of title 26, and information available from agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act, shall be requested and utilized by the State agency (described in section 2012(n)(1) of this title), to the extent permitted under the provisions of such sections, except that the State agency shall not be required to request such information from the Social Security Administration if such information is available from the agency administering the State unemployment compensation laws;”.

    Enacted provision · exact public law section
    Sec. 7. Section 11(e)(19) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(19)) is amended to read as follows: that— “(A) in any case in which information is available from agencies administering State unemployment compensation laws under section 803(d) of the Social Security Act (42 U.S.C. 503(d)), the information shall be requested and utilized by the State agency to the extent permitted under such section; or “(B) in any case in which information is not available from agencies administering State unemployment compensation laws under section 303(d) of the Social Security Act— “(i) information available from the Social Security Administration under section 6103(1)(7) of the Internal Revenue Code 26 USC 6103. of 1954 shall be requested and utilized by the State agency to the extent permitted under such section; or “(ii) similar information available from other sources shall be requested and utilized by the State agency to the extent approved by the Secretary and permitted by any law controlling access to the information;”.

32. 1984

    Spending Reduction Act of 1984

    Pub. L. 98–369 div. B title VI § 2651(i) · 98 Stat. 494

    Amended · 7 U.S.C. § 2020(e)(19)

    Pub. L. 98–369 amended par. (19) generally. Prior to amendment, par. (19) read as follows: “that—

    Source evidence

    Code amendment note
    Subsec. (e)(19). Pub. L. 98–369 amended par. (19) generally. Prior to amendment, par. (19) read as follows: “that—

    “(A) in any case in which information is available from agencies administering State unemployment compensation laws under section 303(d) of the Social Security Act (42 U.S.C. 503(d)), the information shall be requested and utilized by the State agency to the extent permitted under such section; or “(B) in any case in which information is not available from agencies administering State unemployment compensation laws under section 303(d) of the Social Security Act— “(i) information available from the Social Security Administration under section 6103(l)(7) of title 26 shall be requested and utilized by the State agency to the extent permitted under such section; or “(ii) similar information available from other sources shall be requested and utilized by the State agency to the extent approved by the Secretary and permitted by any law controlling access to the information;”.

    Enacted provision · exact public law section
    (i) Section ll(e)(19) of the Food Stamp Act of 1977 is amended to read as follows: “(19) that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of the 42 USC 503. 7 USC 2012. Social Security Act and that any additional information available from agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act shall be requested and utilized by the State agency (described in section 3(n)(1) of this Act) to the extent permitted under the provisions of section 303(d) of the Social Security Act;”.

33. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1529 · 99 Stat. 1354

    Inserted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 99–198, § 1529, inserted provision directing the State agency to provide a method of certifying and issuing coupons to eligible households that do not reside in permanent dwellings or who do not have fixed mailing addresses and to take such steps as are necessary to ensure that participation in the food stamp program is limited to eligible households

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 99–198, § 1529, inserted provision directing the State agency to provide a method of certifying and issuing coupons to eligible households that do not reside in permanent dwellings or who do not have fixed mailing addresses and to take such steps as are necessary to ensure that participation in the food stamp program is limited to eligible households.

    Enacted provision · exact public law section
    Sec. 1529. eligibility of the homeless Section U(e)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(2)), as amended by section 1525, is amended by— (1) striking out the semicolon at the end thereof and inserting in lieu thereof a period; and (2) adding at the end thereof the following: “The State agency shall provide a method of certifying and issuing coupons to eligible households that do not reside in permanent dwellings or who do not have fixed mailing addresses. In carrying out the preceding sentence, the State agency shall take such steps as are necessary to ensure that participation in the food stamp program is limited to eligible households.”.

34. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1525 · 99 Stat. 1354

    Inserted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 99–198, § 1525, inserted requirement that one adult member of a household that is applying for a coupon allotment certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–198, § 1525, inserted requirement that one adult member of a household that is applying for a coupon allotment certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment.

    Enacted provision · exact public law section
    Sec. 1525. certification of information Section ll(e)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(2)) is further amended by adding at the end thereof the following: “One adult member of a household that is applying for a coupon allotment shall be required to certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment;”.

35. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1527 · 99 Stat. 1354

    1. Struck · 7 U.S.C. § 2020(e)(3)

       Pub. L. 99–198, § 1527, struck out “only” after “verification”

    2. Inserted · 7 U.S.C. § 2020(e)(3)

       Pub. L. 99–198, § 1527, inserted “, household size (in any case such size is questionable,”

    3. Substituted · 7 U.S.C. § 2020(e)(3)

       Pub. L. 99–198, § 1527, substituted “such other eligibility factors as the State agency determines are necessary” for “any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the error rate reduction system conducted under section 2025 of this title and as approved by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 99–198, § 1527, struck out “only” after “verification”, inserted “, household size (in any case such size is questionable,”, and substituted “such other eligibility factors as the State agency determines are necessary” for “any factors of eligibility involving households that fall within the State agency’s error-prone household profiles as developed by the State agency from the error rate reduction system conducted under section 2025 of this title and as approved by the Secretary”.

    Enacted provision · exact public law section
    Sec. 1527. verification Section U(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 202((e)(3)) is amended by— Ante, pp. 1566, 1580. (1) striking out “only” after “verification”; (2) inserting “, household size (in any case such size is questionable),” after “Act)”; and (3) striking out “any factors” and all that follows through “by the Secretary” and inserting in lieu thereof “such other eligibility factors as the State agency determines are necessary”.

36. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1528 · 99 Stat. 1354

    1. Substituted · 7 U.S.C. § 2020(e)(16)

       Pub. L. 99–198, § 1528, substituted “fourth sentence” for “last sentence”

    2. Inserted · 7 U.S.C. § 2020(e)(16)

       Pub. L. 99–198, § 1528, inserted “and would be cost effective” after “integrity”

    3. Inserted · 7 U.S.C. § 2020(e)(16)

       Pub. L. 99–198, § 1528, inserted provision authorizing the State agency to permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program

    Source evidence

    Code amendment note
    Subsec. (e)(16). Pub. L. 99–198, § 1528, substituted “fourth sentence” for “last sentence”, inserted “and would be cost effective” after “integrity”, and inserted provision authorizing the State agency to permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program.

    Enacted provision · exact public law section
    Sec. 1528. photographic identification cards Section U(e)(16) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(16)) is amended by— (1) striking out “last sentence” and inserting in lieu thereof “fourth sentence”; (2) inserting “and would be cost effective” after “integrity”; (3) striking out the semicolon at the end thereof and inserting in lieu thereof a period; and (4) adding at the end thereof the following: “The State agency may permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program;”.

37. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1517(b) · 99 Stat. 1354

    Added · 7 U.S.C. § 2020(e)(22)

    Pub. L. 99–198, § 1517(b), added par. (22)

    Source evidence

    Code amendment note
    Subsec. (e)(22). Pub. L. 99–198, § 1517(b), added par. (22).

    Enacted provision · exact public law section
    (b) Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by— (1) striking out “and” at the end of paragraph (20); (2) striking out the period at the end of paragraph (21) and inserting in lieu thereof “; and”; and (3) adding at the end thereof the following: “(22) the plans of the State agency for carrying out employment and training programs under section 6(d)(4), including the nature and extent of such programs, the geographic areas and households to be covered under such program, and the basis, including any cost information, for exemptions of categories and individuals and for the choice of employment and training program components reflected in the plans.”.

38. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1526 · 99 Stat. 1354

    Added · 7 U.S.C. § 2020(e)(23)

    Pub. L. 99–198, § 1526, added par. (23)

    Source evidence

    Code amendment note
    Subsec. (e)(23). Pub. L. 99–198, § 1526, added par. (23).

    Enacted provision · exact public law section
    Sec. 1526. fraud detection Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 1517 and 1525, is further amended by adding at the end thereof the following new paragraph: “(23) in a project area in which 5,000 or more households participate in the food stamp program, for the establishment and operation of a unit for the detection of fraud in the food stamp program, including the investigation, and assistance in the prosecution, of such fraud; and”.

39. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1535(b)(1) · 99 Stat. 1354

    Added · 7 U.S.C. § 2020(e)(24)

    Pub. L. 99–198, § 1535(b)(1), added par. (24)

    Source evidence

    Code amendment note
    Subsec. (e)(24). Pub. L. 99–198, § 1535(b)(1), added par. (24).

    Enacted provision · exact public law section
    (1) Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by section 1526, is amended by adding at the end thereof the following new paragraph: “(24) at the option of the State, for procedures necessary to Ante, p. 1583. obtain payment of uncollected overissuance of coupons from unemployment compensation pursuant to section 13(c).”.

40. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1530 · 99 Stat. 1354

    Inserted · 7 U.S.C. § 2020(f)

    Pub. L. 99–198, § 1530, inserted provisions directing State agencies to encourage food stamp program participants to participate in the expanded food and nutrition education program conducted under section 343(d) of this title and any program established under sections 3175a through 3175e of this title and, at the request of personnel of such education program, allow personnel and information materials of such education program to be placed in food stamp offices

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–198, § 1530, inserted provisions directing State agencies to encourage food stamp program participants to participate in the expanded food and nutrition education program conducted under section 343(d) of this title and any program established under sections 3175a through 3175e of this title and, at the request of personnel of such education program, allow personnel and information materials of such education program to be placed in food stamp offices.

    Enacted provision · exact public law section
    Sec. 1530. expanded food and nutrition education program Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended by adding at the end thereof the following: “State agencies shall encourage food stamp program participants to participate in the expanded food and nutrition education program conducted under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), commonly known as the Smith-Lever Act and any program Ante, p. 1557. established under sections 1584 through 1588 of the Food Security Act of 1985. At the request of personnel of such education program, Post, pp. 1596, 1597. State agencies, wherever practicable, shall allow personnel and information materials of such education program to be placed in food stamp offices.”.

41. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1537(c) · 99 Stat. 1354

    1. Inserted · 7 U.S.C. § 2020(g)

       Pub. L. 99–198, § 1537(c), inserted “the State plan for automated data processing submitted pursuant to subsection (o)(2) of this section,”

    2. Substituted · 7 U.S.C. § 2020(g)

       Pub. L. 99–198, § 1537(c), substituted “sections 2025(a), 2025(c), and 2025(g) of this title” for “sections 2025(a) and 2025(c) of this title”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–198, § 1537(c), inserted “the State plan for automated data processing submitted pursuant to subsection (o)(2) of this section,” and substituted “sections 2025(a), 2025(c), and 2025(g) of this title” for “sections 2025(a) and 2025(c) of this title”.

    Enacted provision · exact public law section
    (c) Section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by— (1) inserting “the State plan for automated data processing submitted pursuant to subsection (o)(2) of this section,” after Ante, p. 1586. “pursuant to subsection (d) of this section,”, and (2) striking out “16(a) and 16(c)” and inserting in lieu thereof “16(a), 16(c), and 16(g)”.

42. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1531(a) · 99 Stat. 1354

    1. Inserted · 7 U.S.C. § 2020(i)

       Pub. L. 99–198, § 1531(a), in cl. (2) of first sentence, inserted “applicants for or” after “members are”

    2. Substituted · 7 U.S.C. § 2020(i)

       Pub. L. 99–198, § 1531(a), in cl. (2) of first sentence, substituted “informed of the availability of benefits under the food stamp program and be assisted in making a simple application to participate in such program” for “permitted to apply for participation in the food stamp program by executing a simple application”, effective Oct. 1, 1986

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 99–198, § 1531(a), in cl. (2) of first sentence, inserted “applicants for or” after “members are” and substituted “informed of the availability of benefits under the food stamp program and be assisted in making a simple application to participate in such program” for “permitted to apply for participation in the food stamp program by executing a simple application”, effective Oct. 1, 1986.

    Enacted provision · exact public law section
    (a) Effective October 1, 1986, clause (2) of the first sentence of section ll(i) of the Food Stamp Act of 1977 (7 U.S.C. Ante, p. 1568. 2020(i)), as amended by section 1531, is amended by— (1) inserting “applicants for or” after “members are”; (2) striking out “permitted” and all that follows through “office”, and inserting in lieu thereof “informed of the availability of benefits under the food stamp program and be assisted in making a simple application to participate in such program at the social security office”.

43. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1507(b) · 99 Stat. 1354

    Inserted · 7 U.S.C. § 2020(i)

    Pub. L. 99–198, § 1507(b), inserted sentence directing that no household shall have its application to participate in the food stamp program denied nor its benefits under the food stamp program terminated solely on the basis that its application to participate has been denied or its benefits have been terminated under any of the programs carried out under the statutes specified in the second sentence of section 2014(a) of this title and without a separate determination by the State agency that the household fails to satisfy the eligibility requirements for participation in the food stamp program

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–198, § 1507(b), inserted sentence directing that no household shall have its application to participate in the food stamp program denied nor its benefits under the food stamp program terminated solely on the basis that its application to participate has been denied or its benefits have been terminated under any of the programs carried out under the statutes specified in the second sentence of section 2014(a) of this title and without a separate determination by the State agency that the household fails to satisfy the eligibility requirements for participation in the food stamp program.

    Enacted provision · exact public law section
    (b) Section ll(i) of the Food Stamp Act of 1977 (7 U.S.C. 2020(i)) is amended by adding at the end thereof the following: “No household shall have its application to participate in the food stamp program denied nor its benefits under the food stamp program terminated solely on the basis that its application to participate has been denied or its benefits have been terminated under any of the programs carried out under the statutes specified in the second sentence of Ante. p. 1567. section 5(a) and without a separate determination by the State agency that the household fails to satisfy the eligibility requirements for participation in the food stamp program.”.

44. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1531(b) · 99 Stat. 1354

    Amended · 7 U.S.C. § 2020(j)

    Pub. L. 99–198, § 1531(b), amended subsec. (j) generally, effective Oct. 1, 1986. Prior to amendment, subsec. (j) read as follows: “The Secretary, in conjunction with the Secretary of Health and Human Services, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 99–198, § 1531(b), amended subsec. (j) generally, effective Oct. 1, 1986. Prior to amendment, subsec. (j) read as follows: “The Secretary, in conjunction with the Secretary of Health and Human Services, is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to apply for food stamps at social security offices and be certified for food stamp eligibility in such offices in order that the application and certification for food stamp assistance may be accomplished as efficiently and conveniently as possible.”

    Enacted provision · exact public law section
    (b) Effective October 1, 1986, section 1 l(j) of the Food Stamp Act of 1977 (7 U.S.C. 2O20Kj)) is amended to read as follows: “(j) (1) Any individual who is an applicant for or recipient of social security benefits (under regulations prescribed by the Secretary in conjunction with the Secretary of Health and Human Services) shall be informed of the availability of benefits under the food stamp program and informed of the availability of a simple application to participate in such program at the social security office. “(2) The Secretary and the Secretary of Health and Human Services shall revise the memorandum of understanding in effect on the date of enactment of the Food Security Act of 1985, regarding services to be provided in social security offices under this subsection and subsection (i), in a manner to ensure that— “(A) applicants for and recipients of social security benefits are adequately notified in social security offices that assistance may be available to them under this Act; “(B) applications for assistance under this Act from households in which all members are applicants for or recipients of supplemental security income will be forwarded immediately to the State agency in an efficient and timely manner; and “(C) the Secretary of Health and Human Services receives from the Secretary reimbursement for costs incurred to provide such services.>”.

45. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 1537(b) · 99 Stat. 1354

    Added · 7 U.S.C. § 2020(o)

    Pub. L. 99–198, § 1537(b), added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 99–198, § 1537(b), added subsec. (o).

    Enacted provision · exact public law section
    (b) Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end thereof the following new subsection: “(o) (1) The Secretary shall develop, after consultation with, and with the assistance of, an advisory group of State agencies appointed by the Secretary without regard to the provisions of the Federal 5 USC app. Advisory Committee Act, a model plan for the comprehensive automation of data processing and computerization of information systems Federal Register, publication. under the food stamp program. The plan shall be developed and made available for public comment through publication of the proposed plan in the Federal Register not later than October 1, 1986. The Secretary shall complete the plan, taking into consideration public comments received, not later than February 1, 1987. The elements of the plan may include intake procedures, eligibility determinations and calculation of benefits, verification procedures, coordination with related Federal and State programs, the issuance of benefits, reconciliation procedures, the generation of notices, and program reporting. In developing the plan, the Secretary shall take into account automated data processing and information systems already in existence in States and shall provide for consistency with such systems. “(2) Not later than October 1, 1987, each State agency shall develop and submit to the Secretary for approval a plan for the use of an automated data processing and information retrieval system to administer the food stamp program in such State. The State plan shall take into consideration the model plan developed by the Secretary under paragraph (1) and shall provide time frames for completion of various phases of the State plan. If a State agency already has a sufficient automated data processing and information retrieval system, the State plan may, subject to the Secretary’s approval, reflect the existing State system. “(3) Not later than April 1, 1988, the Secretary shall prepare and submit to Congress an evaluation of the degree and sufficiency of each State’s automated data processing and computerized information systems for the administration of the food stamp program, including State plans submitted under paragraph (2). Such report shall Report. include an analysis of additional steps needed for States to achieve effective and cost-efficient data processing and information systems. The Secretary, thereafter, shall periodically update such report. “(4) Based on the Secretary’s findings in such report submitted under paragraph (3), the Secretary may require a State agency, as necessary to rectify identified shortcomings in the administration of the food stamp program in the State, except where such direction would displace State initiatives already under way, to take specified steps to automate data processing systems or computerize information systems for the administration of the food stamp program in the State if the Secretary finds that, in the absence of such systems, there will be program accountability or integrity problems that will substantially affect the administration of the food stamp program in the State. “(5) (A) Subject to subparagraph (B), in the case of a plan for an automated data processing and information retrieval system submitted by a State agency to the Secretary under paragraph (2), such State agency shall— “(i) commence implementation of its plan not later than October 1, 1988; and “(ii) meet the time frames set forth in the plan. “(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the Secretary deems appropriate based on the Secretary’s finding of a good faith effort of a State agency to implement its plan in accordance with subparagraph (A).”.

46. 1987

    Pub. L. 100–77 § 808(a) · 101 Stat. 482

    Inserted · 7 U.S.C. § 2020(e)(1)(A)

    Pub. L. 100–77, § 808(a), inserted “except, at the option of the State agency, food stamp informational activities directed at homeless individuals” after “this chapter”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 100–77, § 808(a), inserted “except, at the option of the State agency, food stamp informational activities directed at homeless individuals” after “this chapter”.

    Enacted provision · exact public law section
    (a) Authority to Provide Information.— Section 11(e)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(1)(A)) is amended by inserting “except, at the option of the State agency, food stamp informational activities directed at homeless individuals” after “Act”.

47. 1987

    Pub. L. 100–77 § 809(a) · 101 Stat. 482

    1. Added · 7 U.S.C. § 2020(e)(9)

       Pub. L. 100–77, § 809(a), added subpars. (B) and (C)

    2. Redesignated · 7 U.S.C. § 2020(e)(9)

       Pub. L. 100–77, § 809(a), redesignated former subpar. (B) as (D), and directed the substitution of “a household referred to in subparagraph (A), (B), or (C)” for “the household” which was executed by making the substitution for the first reference to “the household” as the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e)(9). Pub. L. 100–77, § 809(a), added subpars. (B) and (C), redesignated former subpar. (B) as (D), and directed the substitution of “a household referred to in subparagraph (A), (B), or (C)” for “the household” which was executed by making the substitution for the first reference to “the household” as the probable intent of Congress.

    Enacted provision · exact public law section
    (a) Eligibility.— Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) by striking out “and” after the semicolon at the end of clause (ii) of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (D); (3) by inserting after subparagraph (A) the following new subparagraphs: “(B) provide coupons no later than five days after the date of application to any household in which all members are homeless individuals and that meets the income and resource criteria for coupons under this Act; “(C) provide coupons no later than five days after the date of application to any household that has a combined gross income and liquid resources that is less than the monthly rent, or mortgage, and utilities of the household; and”; and (4) in subparagraph (D) (as redesignated), by striking out “the household” and inserting in lieu thereof “a household referred to in subparagraph (A), (B), or (O”.

48. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 204(a) · 102 Stat. 1645

    Amended · 7 U.S.C. § 2020(e)(1)(A)

    Pub. L. 100–435, § 204(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “not conduct food stamp outreach activities with funds provided under this chapter except, at the option of the State agency, food stamp informational activities directed at homeless individuals; and”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 100–435, § 204(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “not conduct food stamp outreach activities with funds provided under this chapter except, at the option of the State agency, food stamp informational activities directed at homeless individuals; and”.

    Enacted provision · exact public law section
    (a) Optional Information Activities.— Subparagraph (A) of section ll(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 202(e)(1)(A)) is amended to read as follows: “(A) at the option of the State agency, inform low-income households about the availability, eligibility requirements, application procedures, and benefits of the food stamp program; and”.

49. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 310 · 102 Stat. 1645

    Inserted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 100–435, § 310, inserted provisions relating to brief, simply-written, and readable application forms

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 100–435, § 310, inserted provisions relating to brief, simply-written, and readable application forms.

    Enacted provision · exact public law section
    SEC. 310. SIMPLIFIED APPLICATION FORMS. Section 11(e)(2) (7 U.S.C. 2020(e)(2)), is amended by inserting after “exigencies as determined by the Secretary” the following: “, and in approving such deviation, the Secretary takes into account whether Health and medical care. such State forms are easy to use, brief and readable. In consultation with the Secretary of Health and Human Services, the Secretary shall develop a program to provide assistance to States that request assistance in the development of brief, simply-written and readable application forms including application forms that cover the food stamp program, the aid to families with dependent children program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and medical assistance programs administered by the Secretary of Health and Human Services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). Each food stamp application form shall contain, in plain and prominent language on its front cover, a place where applicants can write their names, addresses, and signatures, and instructions in understandable terms informing households of their right to file the application without immediately completing additional sections, describing the expe- dited processing requirements of section 11(e)(9) and informing households that benefits are provided only from the date of application”.

50. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 330 · 102 Stat. 1645

    Substituted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 100–435, § 330, substituted “The State agency shall waive in-office interviews, on a household’s request, if a household is unable to appoint an authorized representative pursuant to paragraph (7) and has no adult household members able to come to the appropriate State agency office because such members are elderly, are mentally or physically handicapped, live in a location not served by a certification office, or have transportation difficulties or similar hardships as determined by the State agency (including hardships due to residing in a rural area, illness, care of a household member, prolonged severe weather, or work or training hours). If an in-office interview is waived, the State agency may conduct a telephone interview or a home visit. The State agency shall provide for telephone contact by, mail delivery of forms to, and mail return of forms by, households that have transportation difficulties or similar hardships.” for “The State agency shall comply with the standards established by the Secretary for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly;”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–435, § 330, substituted “The State agency shall waive in-office interviews, on a household’s request, if a household is unable to appoint an authorized representative pursuant to paragraph (7) and has no adult household members able to come to the appropriate State agency office because such members are elderly, are mentally or physically handicapped, live in a location not served by a certification office, or have transportation difficulties or similar hardships as determined by the State agency (including hardships due to residing in a rural area, illness, care of a household member, prolonged severe weather, or work or training hours). If an in-office interview is waived, the State agency may conduct a telephone interview or a home visit. The State agency shall provide for telephone contact by, mail delivery of forms to, and mail return of forms by, households that have transportation difficulties or similar hardships.” for “The State agency shall comply with the standards established by the Secretary for telephone contact by, mail delivery of forms to and mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person at a certification office or through a representative pursuant to paragraph (7) of this subsection, so that such persons may have an adequate opportunity to be certified properly;”.

    Enacted provision · exact public law section
    SEC. 330. TRANSPORTATION DIFFICULTIES IN RURAL AREAS. Section 11(e)(2) (7 U.S.C. 2020(e)(2)) (as amended by section 310), is further amended by striking out “The State Agency shall comply” and all that follows through “certified properly;” and inserting in lieu thereof the following new sentences: “The State agency shall waive in-office interviews, on a household’s request, if a household is unable to appoint an authorized representative pursuant to para- graph (7) and has no adult household members able to come to the appropriate State agency office because such members are elderly, are mentally or physically handicapped, live in a location not served by a certification office, or have transportation difficulties or similar hardships as determined by the State agency (including hardships due to residing in a rural area, illness, care of a household member, prolonged severe weather, or work or training hours). If an in-office Communications and telecommunications. Mail. interview is waived, the State agency may conduct a telephone interview or a home visit. The State agency shall provide for telephone contact by, mail delivery of forms to, and mail return of forms by, households that have transportation difficulties or similar hardships.”.

51. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 323 · 102 Stat. 1645

    Inserted · 7 U.S.C. § 2020(e)(3)

    Pub. L. 100–435, § 323, inserted provisions at end relating to dissemination of statements describing reporting responsibilities and telephone number to call State agency

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 100–435, § 323, inserted provisions at end relating to dissemination of statements describing reporting responsibilities and telephone number to call State agency.

    Enacted provision · exact public law section
    SEC. 323. PREVENTING INCORRECT ISSUANCES. Section 11(e) (7 U.S.C. 2020(e)) (as amended by section 311) is further amended by inserting before the semicolon at the end of paragraph (3), the following; “, and that the State agency shall provide the household, at the time of each certification and recertification, with a statement describing the reporting responsibilities of the household under this Act, and provide a toll-free or local telephone number, or a telephone number at which collect calls will be accepted by the State agency, at which the household may reach an appropriate representative of the State agency”.

52. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 311 · 102 Stat. 1645

    Inserted · 7 U.S.C. § 2020(e)(3)

    Pub. L. 100–435, § 311, inserted cls. (A) to (E)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–435, § 311, inserted cls. (A) to (E).

    Enacted provision · exact public law section
    SEC. 311. STATEMENT OF REQUIRED VERIFICATION. Section 11(e)(3) (7 U.S.C. 2020(e)(3)) is amended by inserting before the semicolon at the end thereof the following: “, and that the State agency shall— “(A) provide each applicant household, at the time of application, a clear written statement explaining what acts the household must perform to cooperate in obtaining verification and otherwise completing the application process; “(B) assist each applicant household in obtaining appropriate verification and completing the application process; “(C) not require any household to submit additional proof of a matter on which the State agency already has current verification as determined under regulations issued by the Secretary, unless the State agency has reason to believe that the information possessed by the agency is inaccurate, incomplete, or inconsistent; “(D) subject to subparagraph (E), not deny any application for participation under this program solely because of the failure of a person outside the household to cooperate (other than an individual failing to cooperate who would otherwise be a household member but for the operation of any of the individual disqualification provisions of subsections (b), (d), (e), (0, and (g) of section 6; and “(E) process applications if a household complies with the requirements of the first sentence of section 6(c), by taking appropriate steps to verify information otherwise required to be verified under this Act”.

53. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 322(a) · 102 Stat. 1645

    1. Substituted · 7 U.S.C. § 2020(e)(6)(C)

       Pub. L. 100–435, § 322(a), substituted “shall provide” for “shall undertake to provide”

    2. Inserted · 7 U.S.C. § 2020(e)(6)(C)

       Pub. L. 100–435, § 322(a), inserted “so that eligible households are promptly and accurately certified to receive the allotments for which they are eligible under this chapter” after “such certification”

    Source evidence

    Code amendment note
    Subsec. (e)(6)(C). Pub. L. 100–435, § 322(a), substituted “shall provide” for “shall undertake to provide” and inserted “so that eligible households are promptly and accurately certified to receive the allotments for which they are eligible under this chapter” after “such certification”.

    Enacted provision · exact public law section
    (a) Training Certification Workers.— Section 1 l(e)(6))(O) (7 U.S.C. 2020(e)6)(C)) is amended— (1) by striking out “undertake to”; and (2) by inserting “so that eligible households are promptly and accurately certified to receive the allotments for which they are eligible under this Act” after “such certification”.

54. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 321(a) · 102 Stat. 1645

    Added · 7 U.S.C. § 2020(e)(6)(D)

    Pub. L. 100–435, § 321(a), added cl. (D)

    Source evidence

    Code amendment note
    Subsec. (e)(6)(D). Pub. L. 100–435, § 321(a), added cl. (D).

    Enacted provision · exact public law section
    (a) Training.— Section ll(e)(6) (7 U.S.C. 2020(e)(6)) is amended— (1) by striking out “and (C)” at the end of subparagraph (B) and inserting in lieu thereof “(C)”; and (2) by inserting at the end thereof the following: “(D) the State agency, at its option, may undertake intensive training to ensure that State agency personnel who undertake the certification of households that include a member who engages in farming are qualified to perform such certification;”.

55. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 322(b) · 102 Stat. 1645

    Added · 7 U.S.C. § 2020(e)(6)(E)

    Pub. L. 100–435, § 322(b), added cl. (E)

    Source evidence

    Code amendment note
    Subsec. (e)(6)(E). Pub. L. 100–435, § 322(b), added cl. (E).

    Enacted provision · exact public law section
    (b) Community Resources.— Section ll(e)(6) (7 U.S.C. 2020(e)(6)) (as amended by section 321(a) and subsection (a)) is further amended by adding at the end thereof the following new subparagraph: “and (E) at its option, the State agency may provide, or contract for the provision of, training and assistance to persons working with volunteer or nonprofit organizations that provide program information activities or eligibility screening to persons potentially eligible for food stamps;”.

56. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 352 · 102 Stat. 1645

    Amended · 7 U.S.C. § 2020(i)

    Pub. L. 100–435, § 352, amended second sentence generally. Prior to amendment, second sentence read as follows: “Each State agency shall implement clauses (1) and (2) and may implement clause (3) or (4), or both such clauses.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 100–435, § 352, amended second sentence generally. Prior to amendment, second sentence read as follows: “Each State agency shall implement clauses (1) and (2) and may implement clause (3) or (4), or both such clauses.”

    Enacted provision · exact public law section
    SEC. 352. COORDINATED APPLICATION. The second sentence of section 11(i) (7 U.S.C. 2020(i)) is amended to read as follows: “In addition to implementing paragraphs (1) through (4), the State agency shall inform applicants for benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that such applicants may file, along with their application for such benefits, an application for benefits under this Act, and that if such applicants file, they shall have a single interview for food stamps and for benefits under part A of title IV of the Social Security Act.”.

57. 1988

    Hunger Prevention Act of 1988

    Pub. L. 100–435 § 320 · 102 Stat. 1645

    Added · 7 U.S.C. § 2020(p)

    Pub. L. 100–435, § 320, added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 100–435, § 320, added subsec. (p).

    Enacted provision · exact public law section
    SEC. 320. CORRECTING IMPROPER DENIALS AND UNDERISSUANCES. Section 11 (7 U.S.C. 2020) is amended by adding at the end thereof the following new subsection: “(p) When a State agency learns, through its own reviews under section 16 or other reviews, or through other sources, that it has improperly denied, terminated, or underissued benefits to an eligible household, the State agency shall promptly restore any improperly denied benefits to the extent required by sections ll(e)(11) and 14(b), and shall take other steps to prevent a recurrence of such errors where such error was caused by the application of State agency practices, rules or procedures inconsistent with the requirements of this Act or with regulations or policies of the Secretary issued under the authority of this Act.”.

58. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1736(1) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 101–624, § 1736(1), substituted “on or near its front cover) explanations” for “instructions” in third sentence

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 101–624, § 1736(1), substituted “on or near its front cover) explanations” for “instructions” in third sentence.

    Enacted provision · exact public law section
    (1) in the third sentence, by striking “instructions” and inserting “(on or near its front cover) explanations”; and

59. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1736(2) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 101–624, § 1736(2), substituted “The State agency shall require that an adult representative of each household that is applying for food stamp benefits shall certify in writing, under penalty of perjury, that the information contained in the application is true and that all members of the household are either citizens or are aliens eligible to receive food stamps under section 2015(f) of this title. The signature of the adult under this section shall be deemed sufficient to comply with any provision of Federal law requiring household members to sign the application or statements in connection with the application process.” for “One adult member of a household that is applying for a coupon allotment shall be required to certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–624, § 1736(2), substituted “The State agency shall require that an adult representative of each household that is applying for food stamp benefits shall certify in writing, under penalty of perjury, that the information contained in the application is true and that all members of the household are either citizens or are aliens eligible to receive food stamps under section 2015(f) of this title. The signature of the adult under this section shall be deemed sufficient to comply with any provision of Federal law requiring household members to sign the application or statements in connection with the application process.” for “One adult member of a household that is applying for a coupon allotment shall be required to certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment.”

    Enacted provision · exact public law section
    (2) by striking the sentence beginning “One adult member” and inserting the following new sentences: “The State agency shall require that an adult representative of each household that is applying for food stamp benefits shall certify in writing, under penalty of perjury, that the information contained in the application is true and that all members of the household are either citizens or are aliens eligible to receive food stamps under section 6(f). The signature of the adult under this section shall be deemed sufficient to comply with any provision of Federal law requiring household members to sign the application or statements in connection with the application process.”.

60. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1737 · 104 Stat. 3359

    Inserted · 7 U.S.C. § 2020(e)(3)(E)

    Pub. L. 101–624, § 1737, inserted before semicolon at end a period followed by “Under rules prescribed by the Secretary, a State agency shall develop standard estimates of the shelter expenses that may reasonably be expected to be incurred by households in which all members are homeless but that are not receiving free shelter throughout the month. The Secretary may issue regulations to preclude the use of the estimates for households with extremely low shelter costs for whom the following sentence shall not apply. A State agency shall use the estimates in determining the allotments of the households, unless a household verifies higher expenses”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(E). Pub. L. 101–624, § 1737, inserted before semicolon at end a period followed by “Under rules prescribed by the Secretary, a State agency shall develop standard estimates of the shelter expenses that may reasonably be expected to be incurred by households in which all members are homeless but that are not receiving free shelter throughout the month. The Secretary may issue regulations to preclude the use of the estimates for households with extremely low shelter costs for whom the following sentence shall not apply. A State agency shall use the estimates in determining the allotments of the households, unless a household verifies higher expenses”.

    Enacted provision · exact public law section
    SEC. 1737. ESTIMATES IN LIEU OF VERIFICATION FOR HOMELESS HOUSEHOLDS WITH SHELTER COSTS. Section 11(e)(3)(E) (7 U.S.C. 2020(e)(3)(E)) is amended by inserting before the final semicolon a period and the following: “Under rules prescribed by the Secretary, a State agency shall develop standard estimates of the shelter expenses that may reasonably be expected to be incurred by households in which all members are homeless but that are not receiving free shelter throughout the month. The Secretary may issue regulations to preclude the use of the estimates for households with extremely low shelter costs for whom the following sentence shall not apply. A State agency shall use the estimates in determining the allotments of the households, unless a household verifies higher expenses”.

61. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1738(1) · 104 Stat. 3359

    Struck · 7 U.S.C. § 2020(e)(21)

    Pub. L. 101–624, § 1738(1), struck out “and” after “within the State;”

    Source evidence

    Code amendment note
    Subsec. (e)(21). Pub. L. 101–624, § 1738(1), struck out “and” after “within the State;”.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of paragraph (21);

62. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1738(2) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 2020(e)(22)

    Pub. L. 101–624, § 1738(2), substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (e)(22). Pub. L. 101–624, § 1738(2), substituted semicolon for period at end.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (22) and inserting a semicolon;

63. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1738(3) · 104 Stat. 3359

    Added · 7 U.S.C. § 2020(e)(25)

    Pub. L. 101–624, § 1738(3)–(5), added par. (25)

    Source evidence

    Code amendment note
    Subsec. (e)(25). Pub. L. 101–624, § 1738(3)–(5), added par. (25).

    Enacted provision · exact public law section
    (3) by striking “and” at the end of paragraph (23);

64. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1739 · 104 Stat. 3359

    1. Inserted · 7 U.S.C. § 2020(f)

       Pub. L. 101–624, § 1739, inserted first sentence

    2. Struck · 7 U.S.C. § 2020(f)

       Pub. L. 101–624, § 1739, struck out former first sentence which read as follows: “To encourage the purchase of nutritious foods, the Secretary is authorized to extend food and nutrition education to reach food stamp program participants, using the methods and techniques developed in the expanded food and nutrition education and other programs.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–624, § 1739, inserted first sentence and struck out former first sentence which read as follows: “To encourage the purchase of nutritious foods, the Secretary is authorized to extend food and nutrition education to reach food stamp program participants, using the methods and techniques developed in the expanded food and nutrition education and other programs.”

    Enacted provision · exact public law section
    SEC. 1739. NUTRITION EDUCATION. Section 11(f) (7 U.S.C. 2020(f)) is amended by striking the first sentence and inserting the following new sentence: “To encourage the purchase, preparation, and consumption of nutritious foods, the Secretary is authorized to assign responsibility for the nutrition education of individuals eligible for food stamps, or the program for the distribution of commodities on reservations, to the Cooperative Extension Service, in cooperation with the Food and Nutrition Service.”.

65. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1763(b) · 104 Stat. 3359

    Inserted · 7 U.S.C. § 2020(g)

    Pub. L. 101–624, § 1763(b), inserted “or the requirements established pursuant to section 2032 of this title” after “section 2025(b)(1) of this title” in first sentence

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–624, § 1763(b), inserted “or the requirements established pursuant to section 2032 of this title” after “section 2025(b)(1) of this title” in first sentence.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— The first sentence of section 11(g) (7 U.S.C. 2020(g)) is amended by inserting after “section 16(b)(1)” the following: “or the requirements established pursuant to section 23”.

66. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1740 · 104 Stat. 3359

    1. Inserted · 7 U.S.C. § 2020(i)(3)

       Pub. L. 101–624, § 1740, inserted “in a State that has a single State-wide general assistance application form” after “grant”

    2. Inserted · 7 U.S.C. § 2020(i)(3)

       Pub. L. 101–624, § 1740, inserted before semicolon at end “, and households applying for a local general assistance grant in a local jurisdiction in which the agency administering the general assistance program also administers the food stamp program shall be provided an application for participation in the food stamp program at the time of their application for general assistance, along with information concerning how to apply for the food stamp program”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 101–624, § 1740, inserted “in a State that has a single State-wide general assistance application form” after “grant” and inserted before semicolon at end “, and households applying for a local general assistance grant in a local jurisdiction in which the agency administering the general assistance program also administers the food stamp program shall be provided an application for participation in the food stamp program at the time of their application for general assistance, along with information concerning how to apply for the food stamp program”.

    Enacted provision · exact public law section
    SEC. 1740. FOOD STAMP APPLICATION FOR GENERAL ASSISTANCE HOUSEHOLDS. Section 11(i)(3) (7 U.S.C. 2020(i)(3)) is amended— (1) by inserting after “State or local general assistance grant” the following: “in a State that has a single State-wide general assistance application form”; and (2) by inserting before the semicolon at the end the following: “, and households applying for a local general assistance grant in a local jurisdiction in which the agency administering the general assistance program also administers the food stamp program shall be provided an application for participation in the food stamp program at the time of their application for general assistance, along with information concerning how to apply for the food stamp program”.

67. 1990

    Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 § 1741 · 104 Stat. 3359

    Inserted · 7 U.S.C. § 2020(j)(1)

    Pub. L. 101–624, § 1741, inserted “supplemental security income or” after “recipient of”

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 101–624, § 1741, inserted “supplemental security income or” after “recipient of”.

    Enacted provision · exact public law section
    SEC. 1741. APPLICANTS FOR SUPPLEMENTAL SECURITY INCOME. Section 11(j)(1) (7 U.S.C. 2020(j)(1)) is amended by inserting “supplemental security income or” after “recipient of”.

68. 1991

    Pub. L. 102–237 § 941(6) · 105 Stat. 1818

    Redesignated · 7 U.S.C. § 2020(b)

    Pub. L. 102–237, § 941(6), redesignated subsec. (p) as (b) and transferred it to follow subsec. (a)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–237, § 941(6), redesignated subsec. (p) as (b) and transferred it to follow subsec. (a).

    Enacted provision · exact public law section
    (6) in section 11 (7 U.S.C. 2020), by redesignating subsection (p) as subsection (b) and transferring such subsection to the location after subsection (a);

69. 1991

    Pub. L. 102–237 § 941(5)(A) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 2020(e)(2)

    Pub. L. 102–237, § 941(5)(A), substituted a semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 102–237, § 941(5)(A), substituted a semicolon for period at end.

    Enacted provision · exact public law section
    (A) in paragraph (2), by striking the period at the end and inserting a semicolon;

70. 1991

    Pub. L. 102–237 § 941(5)(B)(i) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 2020(e)(3)(D)

    Pub. L. 102–237, § 941(5)(B)(i), substituted “section 2015 of this title)” for “section 2015 of this title”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(D). Pub. L. 102–237, § 941(5)(B)(i), substituted “section 2015 of this title)” for “section 2015 of this title”.

    Enacted provision · exact public law section
    (i) in subparagraph (D), by inserting a close parenthesis after “section 6”; and

71. 1991

    Pub. L. 102–237 § 941(5)(B)(ii) · 105 Stat. 1818

    Changed · 7 U.S.C. § 2020(e)(3)(E)

    Pub. L. 102–237, § 941(5)(B)(ii), made technical amendment to clarify alignment of margin of concluding provisions

    Source evidence

    Code amendment note
    Subsec. (e)(3)(E). Pub. L. 102–237, § 941(5)(B)(ii), made technical amendment to clarify alignment of margin of concluding provisions.

    Enacted provision · exact public law section
    (ii) in subparagraph (E), by striking “verified under this Act, and that the State agency shall provide the household” and inserting “verified under this Act,

72. 1991

    Pub. L. 102–237 § 941(5)(C) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 2020(e)(15)

    Pub. L. 102–237, § 941(5)(C), substituted a semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (e)(15). Pub. L. 102–237, § 941(5)(C), substituted a semicolon for period at end.

    Enacted provision · exact public law section
    (C) in paragraph (15), by striking the period at the end and inserting a semicolon;

73. 1991

    Pub. L. 102–237 § 941(6) · 105 Stat. 1818

    Redesignated · 7 U.S.C. § 2020(p)

    Pub. L. 102–237, § 941(6), redesignated subsec. (p) as (b) and transferred it to follow subsec. (a)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 102–237, § 941(6), redesignated subsec. (p) as (b) and transferred it to follow subsec. (a).

    Enacted provision · exact public law section
    (6) in section 11 (7 U.S.C. 2020), by redesignating subsection (p) as subsection (b) and transferring such subsection to the location after subsection (a);

74. 1993

    Mickey Leland Childhood Hunger Relief Act

    Pub. L. 103–66 title XIII § 13941(a) · 107 Stat. 312

    Added · 7 U.S.C. § 2020(e)(8)(C)

    Pub. L. 103–66 added cl. (C)

    Source evidence

    Code amendment note
    Subsec. (e)(8)(C). Pub. L. 103–66 added cl. (C).

    Enacted provision · exact public law section
    (a) Safeguards.— Section 11(e)(8) of the Act (7 U.S.C. 2020(e)(8)) is amended— (1) by striking “and (B)” and inserting “(B)”; and (2) by striking the semicolon at the end and inserting the following: “, and (C) such safeguards shall not prevent the use by, or disclosure of such information, to agencies of the Federal Government (including the United States Postal Service) for purposes of collecting the amount of an overissuance of coupons, as determined under section 13(b) of this Act and excluding claims arising from an error of the State agency, that has not been recovered pursuant to such section, from Federal pay (including salaries and pensions) as authorized pursuant to section 5514 of title 5 of the United States Code;”.

75. 1994

    Pub. L. 103–296 § 108(f)(3) · 108 Stat. 1464

    Inserted · 7 U.S.C. § 2020(i)

    Pub. L. 103–296, § 108(f)(3), inserted “, the Commissioner of Social Security” after “the Secretary” in first sentence

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–296, § 108(f)(3), inserted “, the Commissioner of Social Security” after “the Secretary” in first sentence.

    Enacted provision · exact public law section
    SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

76. 1994

    Pub. L. 103–296 § 108(f)(2) · 108 Stat. 1464

    Substituted · 7 U.S.C. § 2020(j)

    Pub. L. 103–296, § 108(f)(2), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 103–296, § 108(f)(2), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” wherever appearing.

    Enacted provision · exact public law section
    SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

77. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1011(x) · 109 Stat. 707

    Struck · 7 U.S.C. § 2020(l)

    Pub. L. 104–66 struck out “, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days” after “within that State” in first sentence

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 104–66 struck out “, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days” after “within that State” in first sentence.

    Enacted provision · exact public law section
    (x) Report on Financial Audit Reviews of States With High Food Stamp Participation.— The first sentence of section 11(1) of the Food Stamp Act of 1977 (7 U.S.C. 2020(1)) is amended by striking “, and shall, upon completion of the audit, provide a report to Congress of its findings and recommendations within one hundred and eighty days”.

78. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(A) · 110 Stat. 2105

    1. Added · 7 U.S.C. § 2020(e)(2)

       Pub. L. 104–193, § 835(1)(A), added par. (2)

    2. Struck · 7 U.S.C. § 2020(e)(2)

       Pub. L. 104–193, § 835(1)(A), struck out former par. (2) which required that each State plan of operation was to provide that each household which contacted food stamp office in person during office hours to make what could reasonably be interpreted as oral or written request for food stamp assistance was to receive and be permitted to file, on same day that such contact was first made, simplified, uniform national application form for participation in food stamp program

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 104–193, § 835(1)(A), added par. (2) and struck out former par. (2) which required that each State plan of operation was to provide that each household which contacted food stamp office in person during office hours to make what could reasonably be interpreted as oral or written request for food stamp assistance was to receive and be permitted to file, on same day that such contact was first made, simplified, uniform national application form for participation in food stamp program.

    Enacted provision · exact public law section
    (A) by striking paragraph (2) and inserting the following: “(2) (A) that the State agency shall establish procedures Regulations. governing the operation of food stamp offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English. “(B) In carrying out subparagraph (A), a State agency— “(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the food stamp program; “(ii) shall develop an application containing the information necessary to comply with this Act; “(iii) shall permit an applicant household to apply to participate in the program on the same day that the house-hold first contacts a food stamp office in person during office hours; “(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application; “(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that— “(I) the information contained in the application is true; and “(II) all members of the household are citizens or are aliens eligible to receive food stamps under section 6(f); “(vi) shall provide a method of certifying and issuing coupons to eligible homeless individuals, to ensure that participation in the food stamp program is limited to eligible households; and “(vii) may establish operating procedures that vary for local food stamp offices to reflect regional and local differences within the State. “(C) Nothing in this Act shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency’s application system that does not rely exclusively on the collection and retention of paper applications or other records. “(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;”;

79. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title VIII · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(3)

       Pub. L. 104–193, §§ 809(b), 835(1)(B), substituted “shall” for “shall—” after “and that the State agency”

    2. Struck · 7 U.S.C. § 2020(e)(3)

       Pub. L. 104–193, §§ 809(b), 835(1)(B), struck out “(A)” before “provide each applicant household”

    3. Struck · 7 U.S.C. § 2020(e)(3)

       Pub. L. 104–193, §§ 809(b), 835(1)(B), struck out subpars. (B) to (E) and concluding provisions which provided that State agency was to assist each applicant household in obtaining appropriate verification and completing application process, not require any household to submit additional proof of matter on which State agency already had current verification, not deny any application for participation solely because of failure of person outside household to cooperate, process applications if household complied with requirements of first sentence of section 2015(c) of this title by taking appropriate steps to verify information otherwise required to be verified under this chapter, provide household, at time of each certification and recertification, with statement describing reporting responsibilities of household under this chapter, and provide toll-free or local telephone number, or telephone number at which collect calls would be accepted by State agency, at which household could reach appropriate representative of State agency

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 104–193, §§ 809(b), 835(1)(B), substituted “shall” for “shall—” after “and that the State agency”, struck out “(A)” before “provide each applicant household” and struck out subpars. (B) to (E) and concluding provisions which provided that State agency was to assist each applicant household in obtaining appropriate verification and completing application process, not require any household to submit additional proof of matter on which State agency already had current verification, not deny any application for participation solely because of failure of person outside household to cooperate, process applications if household complied with requirements of first sentence of section 2015(c) of this title by taking appropriate steps to verify information otherwise required to be verified under this chapter, provide household, at time of each certification and recertification, with statement describing reporting responsibilities of household under this chapter, and provide toll-free or local telephone number, or telephone number at which collect calls would be accepted by State agency, at which household could reach appropriate representative of State agency.

    Enacted provision · exact public law
    TITLE VIII— FOOD STAMPS AND COMMODITY DISTRIBUTION Subtitle A— Food Stamp Program SEC. 801. DEFINITION OF CERTIFICATION PERIOD. Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 2012(c)) is amended by striking “Except as provided” and all that follows and inserting the following: “The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months.”. SEC. 802. DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking “or type of certificate” and inserting “type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number,”. SEC. 803. TREATMENT OF CHILDREN LIVING AT HOME. The second sentence of section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended by striking “(who are not themselves parents living with their children or married and living with their spouses)”. SEC. 804. ADJUSTMENT OF THRIFTY FOOD PLAN. The second sentence of section 3(o) of the Food Stamp Act of 1977 (7 U.S.C. 2012(o)) is amended— (1) by striking “shall (1) make” and inserting the following: “shall— “(1) make”; (2) by striking “scale, (2) make” and inserting the following: “scale; “(2) make”; (3) by striking “Alaska, (3) make” and inserting the following: “Alaska; “(3) make”; and (4) by striking “Columbia, (4) through” and all that follows through the end of the subsection and inserting the following: “Columbia; and “(4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in effect on September 30, 1996.”. SEC. 805. DEFINITION OF HOMELESS INDIVIDUAL. Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2012(s)(2)(C)) is amended by inserting “for not more than 90 days” after “temporary accommodation”. 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”. 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”. SEC. 808. ENERGY ASSISTANCE. (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,”. (b) Conforming Amendments.— Section 5(k) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)) is amended— (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,”; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) a payment or allowance described in subsection (d)(11);”; and (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.”. SEC. 809. DEDUCTIONS FROM INCOME. (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.”. (b) Conforming Amendment.— Section 11(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(3)) is amended by striking “. Under rules prescribed” and all that follows through “verifies higher expenses”. 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.”. 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. 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.”. SEC. 813. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended— (1) in clause (i), by striking “six months” and inserting “1 year”; and (2) in clause (ii), by striking “1 year” and inserting “2 years”. SEC. 814. DISQUALIFICATION OF CONVICTED INDIVIDUALS. Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)(iii)) is amended— (1) in subclause (II), by striking “or” at the end; (2) in subclause (III), by striking the period at the end and inserting or”; and (3) by inserting after subclause (III) the following: “(IV) a conviction of an offense under subsection (b) or (c) of section 15 involving an item covered by subsection (b) or (c) of section 15 having a value of $500 or more.”. SEC. 815. DISQUALIFICATION. (a) In General.— Section 6(d) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)) is amended by striking “(d)(1) Unless otherwise exempted by the provisions” and all that follows through the end of paragraph (1) and inserting the following: “(d) Conditions of Participation.— “(1) Work requirements.— “(A) In general.— No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food stamp program if the individual— “(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; “(ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency; “(iii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— “(I) the applicable Federal or State minimum wage; or “(II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; “(iv) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; “(v) voluntarily and without good cause— “(I) quits a job; or “(II) reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or “(vi) fails to comply with section 20. “(B) Household ineligibility.— If an individual who is the head of a household becomes ineligible to participate in the food stamp program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the food stamp program for a period, determined by the State agency, that does not exceed the lesser of— “(i) the duration of the ineligibility of the individual determined under subparagraph (C); or “(ii) 180 days. “(C) Duration of ineligibility.— “(i) First violation.— The first time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 1 month after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 3 months after the date the individual became ineligible. “(ii) Second violation.— The second time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 3 months after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 6 months after the date the individual became ineligible. “(iii) Third or subsequent violation.— The third or subsequent time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 6 months after the date the individual became ineligible; “(III) a date determined by the State agency; or “(IV) at the option of the State agency, permanently. “(D) Administration.— “(i) Good cause.— The Secretary shall determine the meaning of good cause for the purpose of this paragraph. “(ii) Voluntary quit.— The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph. “(iii) Determination by state agency.— “(I) In general.— Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine— “(aa) the meaning of any term used in subparagraph (A); “(bb) the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and “(cc) whether an individual is in compliance with a requirement under subparagraph (A). “(II) Not less restrictive.— A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this Act than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). “(iv) Strike against the government.— For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. “(v) Selecting a head of household.— “(I) In general.— For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the food stamp program agree to the selection. “(II) Time for making designation.— A household may designate the head of the household under subclause (I) each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household. “(vi) Change in head of household.— If the head of a household leaves the household during a period in which the household is ineligible to participate in the food stamp program under subparagraph (B)— “(I) the household shall, if otherwise eligible, become eligible to participate in the food stamp program; and “(II) if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the food stamp program for the remaining period of ineligibility.”. (b) Conforming Amendment.— (1) The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “6(d)(1)(i)” and inserting “6(d)(1)(A)(i)”. (2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C. 2029) is amended by striking subsection (f) and inserting the following: “(f) Disqualification.— An individual or a household may become ineligible under section 6(d)(1) to participate in the food stamp program for failing to comply with this section.”. SEC. 816. CARETAKER EXEMPTION. Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)) is amended by adding at the end the following: “A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the of a dependent child that qualifies a parent or other member age of a dependent child that qualities a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.”. SEC. 817. EMPLOYMENT AND TRAINING. (a) In General.— Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended— (1) by striking “(4)(A) Not later than April 1, 1987, each” and inserting the following: “(4) Employment and training.— “(A) In general.— “(i) Implementation.— Each”; (2) in subparagraph (A)— (A) by inserting “work,” after “skills, training,”; and (B) by adding at the end the following: “(ii) Statewide workforce development system.— Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system.”; (3) in subparagraph (B)— (A) in the matter preceding clause (i), by striking the colon at the end and inserting the following: “, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application:”; (B) in clause (i), by striking “with terms and conditions” and all that follows through “time of application”; and (C) in clause (iv)— (i) by striking subclauses (I) and (II); and (ii) by redesignating subclauses (III) and (IV) as subclauses (I) and (II), respectively; (4) in subparagraph (D)— (A) in clause (i), by striking “to which the application” and all that follows through “30 days or less”; (B) in clause (ii), by striking “but with respect” and all that follows through “child care”; and (C) in clause (iii), by striking “, on the basis of’ and all that follows through “clause (ii)” and inserting “the exemption continues to be valid”; (5) in subparagraph (E), by striking the third sentence; (6) in subparagraph (G)— (A) by striking “(G)(i) The State” and inserting “(G) The State”; and (B) by striking clause (ii); (7) in subparagraph (H), by striking “(H)(i) The Secretary” and all that follows through “(ii) Federal funds” and inserting “(H) Federal funds”; (8) in subparagraph (I)(i)(II), by striking “, or was in operation,” and all that follows through “Social Security Act” and inserting the following: “), except that no such payment or reimbursement shall exceed the applicable local market rate”; (9) (A) by striking subparagraphs (K) and (L) and inserting the following: “(K) Limitation on funding.— Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title TV of the Act (42 U.S.C. 601 et seq.).”; and (B) by redesignating subparagraphs (M) and (N) as subparagraphs (L) and (M), respectively; and (10) in subparagraph (L), as so redesignated— (A) by striking “(L)(i) The Secretary” and inserting “(L) The Secretary”; and (B) by striking clause (ii). (b) Funding.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking “(h)(1)(A) The Secretary” and all that follows through the end of paragraph (1) and inserting the following: “(h) Funding of Employment and Training Programs.— “(1) In general.— “(A) Amounts.— To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies from funds made available for each fiscal year under section 18(a)(1) the amount of— “(i) for fiscal year 1996, $75,000,000; “(ii) for fiscal year 1997, $79,000,000; “(iii) for fiscal year 1998, $81,000,000; “(iv) for fiscal year 1999, $84,000,000; “(v) for fiscal year 2000, $86,000,000; “(vi) for fiscal year 2001, $88,000,000; and “(vii) for fiscal year 2002, $90,000,000. “(B) Allocation.— The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula (as determined by the Secretary) that gives consideration to the population in each State affected by section 6(o). “(C) Reallocation.— “(i) Notification.— A State agency shall promptly notify the Secretary if the State agency determines that the State agency will not expend all of the funds allocated to the State agency under subparagraph (B). “(ii) Reallocation.— On notification under clause (i), the Secretary shall reallocate the funds that the State agency will not expend as the Secretary considers appropriate and equitable. “(D) Minimum allocation.— Notwithstanding subparagraphs (A) through (C), the Secretary shall ensure that each State agency operating an employment and train-ing program shall receive not less than $50,000 for each fiscal year.”. (c) Additional Matching Funds.— Section 16(h)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by inserting before the period at the end the following: “, including the costs for case management and casework to facilitate the transition from economic dependency to self-sufficiency through work”. (d) Reports.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended— (1) in paragraph (5)— (A) by striking “(5)(A) The Secretary” and inserting “(5) The Secretary”; and (B) by striking subparagraph (B); and (2) by striking paragraph (6). SEC. 818. FOOD STAMP ELIGIBILITY. The third sentence of section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is amended by inserting “, at State option,” after “less”. SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by adding at the end the following: “(i) Comparable Treatment for Disqualification.— “(1) In general.— If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the food stamp program. “(2) Rules and procedures.— If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the food stamp program. “(3) Application after disqualification period.— A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this Act and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended— (1) in paragraph (24), by striking “and” at the end; (2) in paragraph (25), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(26) the guidelines the State agency uses in carrying out section 6(i); and”. (c) Conforming Amendment.— Section 6(d)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking “that is comparable to a requirement of paragraph (1)”. SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP BENEFITS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 819, is amended by adding at the end the following: “(j) Disqualification for Receipt of Multiple Food Stamp Benefits.— An individual shall be ineligible to participate in the food stamp program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program.”. SEC. 821. DISQUALIFICATION OF FLEEING FELONS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 820, is amended by adding at the end the following: “(k) Disqualification of Fleeing Felons.— No member of a household who is otherwise eligible to participate in the food stamp program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is— “(1) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or “(2) violating a condition of probation or parole imposed under a Federal or State law.”. SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 821, is amended by adding at the end the following: “(l) Custodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as ‘the individual’) who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the food stamp program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in obtaining support for— “(i) the child; or “(ii) the individual and the child. “(2) Good cause for noncooperation.— Paragraph (1) Regulations. shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child. “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(m) Noncustodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as ‘the individual’) shall not be eligible to participate in the food stamp program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in providing support for the child. “(2) Refusal to cooperate.— “(A) Guidelines.— The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). “(B) Procedures.— The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(4) Privacy.— The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected”. SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 822, is amended by adding at the end the following: “(n) Disqualification for Child Support Arrears.— “(1) In general.— At the option of a State agency, no individual shall be eligible to participate in the food stamp program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. “(2) Exceptions.— Paragraph (1) shall not apply if— “(A) a court is allowing the individual to delay payment; or “(B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual.”. SEC. 824. WORK REQUIREMENT. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 823, is amended by adding at the end the following: “(o) Work Requirement.— “(1) Definition of work program.— In this subsection, the term “work program’ means— “(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); “(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and “(C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a job search program or a job search training program. “(2) Work requirement.— Subject to the other provisions of this subsection, no individual shall be eligible to participate in the food stamp program as a member of any household if, during the preceding 36-month period, the individual received food stamp benefits for not less than 3 months (consecutive or otherwise) during which the individual did not— “(A) work 20 hours or more per week, averaged monthly; “(B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; “(C) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or “(D) receive benefits pursuant to paragraph (3), (4), or (5). “(3) Exception.— Paragraph (2) shall not apply to an individual if the individual is— “(A) under 18 or over 50 years of age; “(B) medically certified as physically or mentally unfit for employment; “(C) a parent or other member of a household with responsibility for a dependent child; “(D) otherwise exempt under subsection (d)(2); or “(E) a pregnant woman. “(4) Waiver.— “(A) In general.— On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside— “(i) has an unemployment rate of over 10 percent; or “(ii) does not have a sufficient number of jobs to provide employment for the individuals. “(B) Report.— The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. “(5) Subsequent eligibility.— “(A) Regaining eligibility.— An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the food stamp program if, during a 30-day period, the individual— “(i) works 80 or more hours; “(ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or “(iii) participates in and complies with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State. “(B) Maintaining eligibility.— An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(C) Loss of employment.— “(i) In general.— An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(ii) Limitation.— An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period. “(6) Other program rules.— Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”. (b) 7 USC 2015 note. Transition Provision.— The term “preceding 36-month period” in section 6(o) of the Food Stamp Act of 1977, as added by subsection (a), does not include, with respect to a State, any period before the earlier of— (1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or (2) the date that is 3 months after the date of enactment of this Act. SEC. 825. ENCOURAGEMENT OF ELECTRONIC BENEFIT TRANSFER SYSTEMS. (a) In General.— Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended— (1) by striking “(i)(I)(A) Any State” and all that follows through the end of paragraph (1) and inserting the following: “(i) Electronic Benefit Transfers.— “(1) In general.— “(A) Implementation.— Not later than October 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 8(a) or 26 are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. “(B) Timely implementation.— Each State agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable. “(C) State flexibility.— Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. “(D) Operation.— An electronic benefit transfer system should take into account generally accepted standard operating rules based on— “(i) commercial electronic funds transfer technology; “(ii) the need to permit interstate operation and law enforcement monitoring; and “(iii) the need to permit monitoring and investigations by authorized law enforcement agencies.”; (2) in paragraph (2)— (A) by striking “effective no later than April 1, 1992,”; (B) in subparagraph (A)— (i) by striking “, in any 1 year,”; and (ii) by striking “on-line”; (C) by striking subparagraph (D) and inserting the following: “(D) (i) measures to maximize the security of a system using the most recent technology available that the State agency considers appropriate and cost effective and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and “(ii) effective not later than 2 years after the date Effective date. of enactment of this clause, to the extent practicable, measures that permit a system to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment;”; (D) in subparagraph (G), by striking “and” at the end; (E) in subparagraph (H), by striking the period at the end and inserting “; and”; and (F) by adding at the end the following: “(I) procurement standards.”; and (3) by adding at the end the following: “(7) Replacement of benefits.— Regulations issued by Regulations. the Secretary regarding the replacement of benefits and liability for replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paper-based food stamp issuance system. “(8) Replacement card fee.— A State agency may collect a charge for replacement of an electronic benefit transfer card by reducing the monthly allotment of the household receiving the replacement card. “(9) Optional photographic identification.— “(A) In general.— A State agency may require that an electronic benefit card contain a photograph of 1 or more members of a household. “(B) Other authorized users.— If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. “(10) Applicable law.— Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) shall not apply to benefits under this Act delivered through any electronic benefit transfer system. “(11) Application of anti-tying restrictions to electronic benefit transfer systems.— “(A) Definitions.— In this paragraph: “(i) Affiliate.— The term ‘affiliate’ has the meaning provided the term in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). “(ii) Company.— The term ‘company’ has the meaning provided the term in section 106(a) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 1971), but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. “(iii) Electronic benefit transfer service.— The term ‘electronic benefit transfer service’ means the processing of electronic transfers of household benefits, determined under section 8(a) or 26, if the benefits are— “(I) issued from and stored in a central databank; “(II) electronically accessed by household members at the point of sale; and “(III) provided by a Federal or State government. “(iv) Point-of-sale service.— The term ‘point-of-sale service’ means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems. “(B) Restrictions.— A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer— “(i) obtain some additional point-of-sale service from the company or an affiliate of the company; or “(ii) not obtain some additional point-of-sale service from a competitor of the company or competitor of any affiliate of the company. “(C) Consultation with the federal reserve board.— Before promulgating regulations or interpretations of regulations to carry out this paragraph, the Secretary shall consult with the Board of Governors of the Federal Reserve System.”. (b) Sense of Congress.— It is the sense of Congress that a State that operates an electronic benefit transfer system under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) should operate the system in a manner that is compatible with electronic benefit transfer systems operated by other States. SEC. 826. VALUE OF MINIMUM ALLOTMENT. The proviso in section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a)) is amended by striking “, and shall be adjusted” and all that follows through “$5”. SEC. 827. BENEFITS ON RECERTIFICATION. Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)(2)(B)) is amended by striking “of more than one month”. SEC. 828. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS. Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)) is amended by striking paragraph (3) and inserting the following: “(3) Optional combined allotment for expedited households.— A State agency may provide to an eligible house-hold applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the household for the following month, an allotment that is equal to the total amount of the initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 11(e)(3) in the case of a household that is not entitled to expedited service and in accordance with paragraphs (3) and (9) of section 11(e) in the case of a household that is entitled to expedited service.”. SEC. 829. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by striking subsection (d) and inserting the following: “(d) Reduction of Public Assistance Benefits.— “(1) In general.— If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction— “(A) the household may not receive an increased allotment as the result of a decrease in the income of the household to the extent that the decrease is the result of the reduction; and “(B) the State agency may reduce the allotment of the household by not more than 25 percent. “(2) Rules and procedures.— If the allotment of a household is reduced under this subsection for a failure to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to reduce the allotment under the rood stamp program.”. SEC. 830. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: “(f) Allotments for Households Residing in Centers.— “(1) In general.— In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in the last sentence of section 3(i), a State agency may provide an allotment for the individual to— “(A) the center as an authorized representative of the individual for a period that is less than 1 month; and “(B) the individual, if the individual leaves the center. “(2) Direct payment.— A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment.”. SEC. 831. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: “No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate.”. SEC. 832. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is amended by adding at the end the following: “(3) Authorization periods.— The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program.”. SEC. 833. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended— (1) in the first sentence, by inserting “, which may include relevant income and sales tax filing documents,” after “submit information”; and (2) by inserting after the first sentence the following: “The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.”. SEC. 834. WATTING PERIOD FOR STORES THAT FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: “A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.”. SEC. 835. OPERATION OF FOOD STAMP OFFICES. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020), as amended by sections 809(b) and 819(b), is amended— (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: “(2) (A) that the State agency shall establish procedures Regulations. governing the operation of food stamp offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English. “(B) In carrying out subparagraph (A), a State agency— “(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the food stamp program; “(ii) shall develop an application containing the information necessary to comply with this Act; “(iii) shall permit an applicant household to apply to participate in the program on the same day that the house-hold first contacts a food stamp office in person during office hours; “(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application; “(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that— “(I) the information contained in the application is true; and “(II) all members of the household are citizens or are aliens eligible to receive food stamps under section 6(f); “(vi) shall provide a method of certifying and issuing coupons to eligible homeless individuals, to ensure that participation in the food stamp program is limited to eligible households; and “(vii) may establish operating procedures that vary for local food stamp offices to reflect regional and local differences within the State. “(C) Nothing in this Act shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency’s application system that does not rely exclusively on the collection and retention of paper applications or other records. “(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;”; (B) in paragraph (3)— (i) by striking “shall—” and all that follows through “provide each” and inserting “shall provide each”; and (ii) by striking “(B) assist” and all that follows through “representative of the State agency;”; (C) by striking paragraphs (14) and (25); (D) (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and (ii) by redesignating paragraph (26), as paragraph (24); and (2) in subsection (i)— (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and (B) by striking “; (3) households” and all that follows through “title IV of the Social Security Act. No” and inserting a period and the following: “(2) Denial and termination.— Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no”. SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS. Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amended— (1) by striking “that (A) the” and inserting “that— “(A) the”; (2) by striking “Act; (B) the” and inserting “Act; and “(B) the”; (3) in subparagraph (B), by striking “United States Civil Service Commission” and inserting “Office of Personnel Management”; and (4) by striking subparagraphs (C) through (E). SEC. 837. EXCHANGE OF LAW ENFORCEMENT INFORMATION. Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended— (1) by striking “that (A) such” and inserting the following: “that— “(A) the”; (2) by striking “law, (B) notwithstanding” and inserting the following: “law; “(B) notwithstanding”; (3) by striking “Act, and (C) such” and inserting the following: “Act; “(C) the”; and (4) by adding at the end the following: “(D) notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any member of a household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that— “(i) the member— “(I) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under Federal or State law; or “(II) has information that is necessary for the officer to conduct an official duty related to subclause (I); “(ii) locating or apprehending the member is an official duty; and “(iii) the request is being made in the proper exercise of an official duty; and “(E) the safeguards shall not prevent compliance with paragraph (16);”. SEC. 838. EXPEDITED COUPON SERVICE. Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) in subparagraph (A), by striking “five days” and inserting “7 days”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C); (4) in subparagraph (B), as redesignated by paragraph (3), by striking “five days” and inserting “7 days”; and (5) in subparagraph (C), as redesignated by paragraph (3), by striking (B), or (C)” and inserting “or (B)”. SEC. 839. WITHDRAWING FAIR HEARING REQUESTS. Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(10)) is amended by inserting before the semicolon at the end a period and the following: “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is Notice. an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”. SEC. 840. INCOME, ELIGIBH.ITY, AND IMMIGRATION STATUS VERIFICATION SYSTEMS. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended— (1) in subsection (e)(18), as redesignated by section 835(1)(D)— (A) by striking “that information is” and inserting “at the option of the State agency, that information may be”; and (B) by striking “shall be requested” and inserting “may be requested”; and (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”. SEC. 841. INVESTIGATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: “Regulations issued Regulations. pursuant to this Act shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.”. SEC. 842. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) for a reasonable period of time to be determined by the Secretary, including permanent disqualification, on the knowing submission of an application for the approval or reauthorization to accept and redeem coupons that contains false information about a substantive matter that was a part of the application.”. SEC. 843. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: “(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.— “(1) Regulations. In general.— The Secretary shall issue regulations providing criteria for the disqualification under this Act of an approved retail food store or a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). “(2) Terms.— A disqualification under paragraph (1)— “(A) shall be for the same length of time as the disqualification from the program referred to in paragraph (1); “(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and “(C) notwithstanding section 14, shall not be subject to judicial or administrative review.”. SEC. 844. COLLECTION OF OVERISSUANCES. (a) Collection of Overissuances.— Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended— (1) by striking subsection (b) and inserting the following: “(b) Collection of Overissuances.— “(1) In general.— Except as otherwise provided in this subsection, a State agency shall collect any overissuance of coupons issued to a household by— “(A) reducing the allotment of the household; “(B) withholding amounts from unemployment compensation from a member of the household under subsection (c); “(C) recovering from Federal pay or a Federal income tax refund under subsection (d); or “(D) any other means. “(2) Cost effectiveness.— Paragraph (1) shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph (1) are not cost effective. “(3) Maximum reduction absent fraud.— If a household received an overissuance of coupons without any member of the household being found ineligible to participate in the program under section 6(b)(1) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— “(A) 10 percent of the monthly allotment of the household; or “(B) $10. “(4) Procedures.— A State agency shall collect an overissuance of coupons issued to a household under paragraph (1) in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment.”; and (2) in subsection (d)— (A) by striking “as determined under subsection (b) and except for claims arising from an error of the State agency,” and inserting “, as determined under subsection (b)(1),”; and (B) by inserting before the period at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (b) Conforming Amendments.— Section 11(e)(8)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended— (1) by striking “and excluding claims” and all that follows through “such section”; and (2) by inserting before the semicolon at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (c) Retention Rate.— The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking “25 percent during the period beginning October 1, 1990” and all that follows through “section 13(b)(2) which arise” and inserting “35 percent of the value of all funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) and 20 percent of the value of any other funds or allotments recovered or collected, except the value of funds or allotments recovered or collected that arise”. SEC. 845. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM REQUIREMENTS PENDING ADMINISTRATIVE AND JUDICIAL REVIEW. Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by redesignating the first through seventeenth sentences as paragraphs (1) through (17), respectively; and (2) by adding at the end the following: “(18) Suspension of stores pending review.— Notwithstanding Effective date. any other provision of this subsection, any permanent disqualification of a retail food store or wholesale food concern under paragraph (3) or (4) of section 12(b) shall be effective from the date of receipt of the notice of disqualification. If the disqualification is reversed through administrative or judicial review, the Secretary shall not be liable for the value of any sales lost during the disqualification period.”. SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.— The first sentence of section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking “or intended to be furnished”. (b) Criminal Forfeiture.— Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended by adding at the end the following: “(h) Criminal Forfeiture.— “(1) In general.— In imposing a sentence on a person convicted of an offense in violation of subsection (b) or (c), a court shall order, in addition to any other sentence imposed under this section, that the person forfeit to the United States all property described in paragraph (2). “(2) Property subject to forfeiture.— All property, real and personal, used in a transaction or attempted transaction, to commit, or to facilitate the commission of, a violation (other than a misdemeanor) of subsection (b) or (c), or proceeds traceable to a violation of subsection (b) or (c), shall be subject to forfeiture to the United States under paragraph (1). “(3) Interest of owner.— No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner. “(4) Proceeds.— The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used— “(A) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding; “(B) second, to reimburse the Department of Agriculture Office of Inspector General for any costs the Office incurred in the law enforcement effort resulting in the forfeiture; “(C) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and “(D) fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under section 9.”. SEC. 847. LIMITATION ON FEDERAL MATCH. Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)(4)) is amended by inserting after the comma at the end the following: “but not including recruitment activities,”. SEC. 848. STANDARDS FOR ADMINISTRATION. (a) In General.— Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by striking subsection (b). (b) Conforming Amendments.— (1) The first sentence of section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by striking “the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) or”. (2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(c)(1)(B)) is amended by striking “pursuant to subsection (b)”. SEC. 849. WORK SUPPLEMENTATION OR SUPPORT PROGRAM. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025), as amended by section 848(a), is amended by inserting after subsection (a) the following: “(b) Work Supplementation or Support Program.— “(1) Definition of work supplementation or support program.— In this subsection, the term ‘work supplementation or support program’ means a program under which, as determined by the Secretary, public assistance (including any benefits provided under a program established by the State and the food stamp program) is provided to an employer to be used for hiring and employing a public assistance recipient who was not employed by the employer at the time the public assistance recipient entered the program. “(2) Program.— A State agency may elect to use an amount equal to the allotment that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, for the purpose of subsidizing or supporting a job under a work supplementation or support program established by the State. “(3) Procedure.— If a State agency makes an election under paragraph (2) and identifies each household that participates in the food stamp program that contains an individual who is participating in the work supplementation or support program— “(A) the Secretary shall pay to the State agency an amount equal to the value of the allotment that the household would be eligible to receive but for the operation of this subsection; “(B) the State agency shall expend the amount received under subparagraph (A) in accordance with the work supplementation or support program in lieu of providing the allotment that the household would receive but for the operation of this subsection; “(C) for purposes of— “(i) sections 5 and 8(a), the amount received under this subsection shall be excluded from household income and resources; and “(ii) section 8(b), the amount received under this subsection shall be considered to be the value of an allotment provided to the household; and “(D) the household shall not receive an allotment from the State agency for the period during which the member continues to participate in the work supplementation or support program. “(4) Other work requirements.— No individual shall be excused, by reason of the fact that a State has a work supplementation or support program, from any work requirement under section 6(d), except during the periods in which the individual is employed under the work supplementation or support program. “(5) Length of participation.— A State agency shall provide a description of how the public assistance recipients in the program shall, within a specific period of time, be moved from supplemented or supported employment to employment that is not supplemented or supported. “(6) Displacement.— A work supplementation or support program shall not displace the employment of individuals who are not supplemented or supported.”. SEC. 850. WAIVER AUTHORITY. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) in subparagraph (A)— (A) in the first sentence, by striking “benefits to eligible households, including” and inserting the following: “benefits to eligible households, and may waive any requirement of this Act to the extent necessary for the project to be conducted. “(B) Project requirements.— “(i) Program goal.— The Secretary may not conduct a project under subparagraph (A) unless— “(I) the project is consistent with the goal of the food stamp program of providing food assistance to raise levels of nutrition among low-income individuals; and “(II) the project includes an evaluation to determine the effects of the project. “(ii) Permissible projects.— The Secretary may conduct a project under subparagraph (A) to— “(I) improve program administration; “(II) increase the self-sufficiency of food stamp recipients; “(III) test innovative welfare reform strategies; or “(IV) allow greater conformity with the rules of other programs than would be allowed but for this paragraph. “(iii) Restrictions on permissible projects.— If the Secretary finds that a project under subparagraph (A) would reduce benefits by more than 20 percent for more than 5 percent of households in the area subject to the project (not including any household whose benefits are reduced due to a failure to comply with work or other conduct requirements), the project— “(I) may not include more than 15 percent of the State’s food stamp households; and “(II) shall continue for not more than 5 years after the date of implementation, unless the Secretary approves an extension requested by the State agency at any time. “(iv) Impermissible projects.— The Secretary may not conduct a project under subparagraph (A) that— “(I) involves the payment of the value of an allotment in the form of cash, unless the project was approved prior to the date of enactment of this subparagraph; “(II) has the effect of substantially transferring funds made available under this Act to services or benefits provided primarily through another public assistance program, or using the funds for any purpose other than the purchase of food, program administration, or an employment or training program; “(III) is inconsistent with— “(aa) the last 2 sentences of section 3(i); “(bb) the last sentence of section 5(a), insofar as a waiver denies assistance to an otherwise eligible household or individual if the household or individual has not failed to comply with any work, behavioral, or other conduct requirement under this or another program; “(cc) section 5(c)(2); “(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section 6(d); “(ee) section 8(b); “(ff) section 11(e)(2)(B); “(gg) the time standard under section 11(e)(3); “(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of section 16; “(ii) this paragraph; or “(jj) subsection (a)(1) or (g)(1) of section 20; “(IV) modifies the operation of section 5 so as to have the effect of— “(aa) increasing the shelter deduction to households with no out-of-pocket housing costs or housing costs that consume a low percentage of the household’s income; or “(bb) absolving a State from acting with reasonable promptness on substantial reported changes in income or household size (except that this subclause shall not apply with regard to changes related to food stamp deductions); “(V) is not limited to a specific time period; or “(VI) waives a provision of section 26. “(v) Additional included projects.— A pilot or experimental project may include”; (B) by striking “to aid to families with dependent children under part A of title IV of the Social Security Act” and inserting “are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”; and (C) by striking “coupons. The Secretary” and all that follows through “Any pilot” and inserting the following: “coupons. “(vi) Cash payment pilot projects.— Any pilot”. SEC. 851. RESPONSE TO WAIVERS. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)), as amended by section 850, is amended by adding at the end the following: “(D) Response to waivers.— “(i) Response.— Not later than 60 days after the date of receiving a request for a waiver under subparagraph (A), the Secretary shall provide a response that— “(I) approves the waiver request; “(II) denies the waiver request and describes any modification needed for approval of the waiver request; “(III) denies the waiver request and describes the grounds for the denial; or “(IV) requests clarification of the waiver request. “(ii) Failure to respond.— If the Secretary does not provide a response in accordance with clause (i), the waiver shall be considered approved, unless the approval is specifically prohibited by this Act. “(iii) Notice of denial.— On denial of a waiver request under clause (i)(III), the Secretary shall provide a copy of the waiver request and a description of the reasons for the denial to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”. SEC. 852. EMPLOYMENT INITIATIVES PROGRAM. Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by striking subsection (d) and inserting the following: “(d) Employment Initiatives Program.— “(1) Election to participate.— “(A) In general.— Subject to the other provisions of this subsection, a State may elect to carry out an employment initiatives program under this subsection. “(B) Requirement.— A State shall be eligible to carry out an employment initiatives program under this subsection only if not less than 50 percent of the households in the State that received food stamp benefits during the summer of 1993 also received benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) during the summer of 1993. “(2) Procedure.— “(A) In general.— A State that has elected to carry out an employment initiatives program under paragraph (1) may use amounts equal to the food stamp allotments that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, to provide cash benefits in lieu of the food stamp allotments to the household if the household is eligible under paragraph (3). “(B) Payment.— The Secretary shall pay to each State that has elected to carry out an employment initiatives program under paragraph (1) an amount equal to the value of the allotment that each household participating in the program in the State would be eligible to receive under this Act but for the operation of this subsection. “(C) Other provisions.— For purposes of the food stamp program (other than this subsection)— “(i) cash assistance under this subsection shall be considered to be an allotment; and “(ii) each household receiving cash benefits under this subsection shall not receive any other food stamp benefit during the period for which the cash assistance is provided. “(D) Additional payments.— Each State that has elected to carry out an employment initiatives program under paragraph (1) shall— “(i) increase the cash benefits provided to each household participating in the program in the State under this subsection to compensate for any State or local sales tax that may be collected on purchases of food by the household, unless the Secretary determines on the basis of information provided by the State that the increase is unnecessary on the basis of the limited nature of the items subject to the State or local sales tax; and “(ii) pay the cost of any increase in cash benefits required by clause (i). “(3) Eligibility.— A household shall be eligible to receive cash benefits under paragraph (2) if an adult member of the household— “(A) has worked in unsubsidized employment for not less than the preceding 90 days; “(B) has earned not less than $350 per month from the employment referred to in subparagraph (A) for not less than the preceding 90 days; “(C) (i) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or “(ii) was receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at the time the member first received cash benefits under this subsection and is no longer eligible for the State program because of earned income; “(D) is continuing to earn not less than $350 per month from the employment referred to in subparagraph (A); and “(E) elects to receive cash benefits in lieu of food stamp benefits under this subsection. “(4) Evaluation.— A State that operates a program under this subsection for 2 years shall provide to the Secretary a written evaluation of the impact of cash assistance under this subsection. The State agency, with the concurrence of the Secretary, shall determine the content of the evaluation.”. SEC. 853. REAUTHORIZATION. The first sentence of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking “1991 through 1997” and inserting “1996 through 2002”. SEC. 854. SIMPLIFIED FOOD STAMP PROGRAM. (a) In General.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: “SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM. “(a) Definition of Federal Costs.— In this section, the term ‘Federal costs’ does not include any Federal costs incurred under section 17. “(b) Election.— Subject to subsection (d), a State may elect to carry out a Simplified Food Stamp Program (referred to in this section as a ‘Program’), statewide or in a political subdivision of the State, in accordance with this section. “(c) Operation of Program.— If a State elects to carry out a Program, within the State or a political subdivision of the State— “(1) a household in which no members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may not participate in the Program; “(2) a household in which all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall automatically be eligible to participate in the Program; “(3) if approved by the Secretary, a household in which 1 or more members but not all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may be eligible to participate in the Program; and “(4) subject to subsection (f), benefits under the Program shall be determined under rules and procedures established by the State under— “(A) a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); “(B) the food stamp program; or “(C) a combination of a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and the food stamp program. “(d) Approval of Program.— “(1) State plan.— A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2). “(2) Approval of plan.— The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan— “(A) complies with this section; and “(B) contains sufficient documentation that the plan will not increase Federal costs for any fiscal year. “(e) Increased Federal Costs.— “(1) Determination.— “(A) In general.— The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this Act. “(B) No excluded households.— In making a determination under subparagraph (A), the Secretary shall not require the State agency to collect or report any information on households not included in the Program. “(C) Alternative accounting periods.— The Secretary may approve the request of a State agency to apply alternative accounting periods to determine if Federal costs do not exceed the Federal costs had the State agency not elected to carry out the Program. “(2) Notification.— If the Secretary determines that the Program has increased Federal costs under this Act for any fiscal year or any portion of any fiscal year, the Secretary shall notify the State not later than 30 days after the Secretary makes the determination under paragraph (1). “(3) Enforcement.— “(A) Corrective action.— Not later than 90 days after the date of a notification under paragraph (2), the State shall submit a plan for approval by the Secretary for prompt corrective action that is designed to prevent the Program from increasing Federal costs under this Act. “(B) Termination.— If the State does not submit a plan under subparagraph (A) or carry out a plan approved by the Secretary, the Secretary shall terminate the approval of the State agency operating the Program and the State agency shall be ineligible to operate a future Program. “(f) Rules and Procedures.— “(1) In general.— In operating a Program, a State or political subdivision of a State may follow the rules and procedures established by the State or political subdivision under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under the food stamp program. “(2) Standardized deductions.— In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 5(e). In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households. “(3) Requirements.— In operating a Program, a State or political subdivision shall comply with the requirements of— “(A) subsections (a) through (g) of section 7; “(B) section 8(a) (except that the income of a household may be determined under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); “(C) subsection (b) and (d) of section 8; “(D) subsections (a), (c), (d), and (n) of section 11; “(E) paragraphs (8), (12), (16), (18), (20), (24), and (25) of section 11(e); “(F) section 11(e)(10) (or a comparable requirement established by the State under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and “(G) section 16. “(4) Limitation on eligibility.— Notwithstanding any other provision of this section, a household may not receive benefits under this section as a result of the eligibility of the household under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), unless the Secretary determines that any household with income above 130 percent of the poverty guidelines is not eligible for the program”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: “(25) if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— “(A) the rules and procedures to be followed by the State agency to determine food stamp benefits; “(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and “(C) a description of the method by which the State agency will carry out a quality control system under section 16(c).”. (c) Conforming Amendments.— (1) Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017), as amended by section 830, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) through (1) as subsections (i) through (k), respectively. SEC. 855. STUDY OF THE USE OF FOOD STAMPS TO PURCHASE VITAMINS AND MINERALS. (a) In general.— The Secretary of Agriculture, in consultation with the National Academy of Sciences and the Center for Disease Control and Prevention, shall conduct a study on the use of food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase vitamins and minerals. (b) Analysis.— The study shall include— (1) an analysis of scientific findings on the efficacy of and need for vitamins and minerals, including— (A) the adequacy of vitamin and mineral intakes in low-income populations, as shown by research and surveys conducted prior to the study; and (B) the potential value of nutritional supplements in filling nutrient gaps that may exist in the United States population as a whole or in vulnerable subgroups in the population; (2) the impact of nutritional improvements (including vitamin or mineral supplementation) on the health status and health care costs of women of childbearing age, pregnant or lactating women, and the elderly; (3) the cost of commercially available vitamin and mineral supplements; (4) the purchasing habits of low-income populations with regard to vitamins and minerals; (5) the impact of using food stamps to purchase vitamins and minerals on the food purchases of low-income households; and (6) the economic impact on the production of agricultural commodities of using food stamps to purchase vitamins and minerals. (7) Report.— Not later than December 15, 1998, the Secretary 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. SEC. 856. DEFICIT REDUCTION. It is the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from this title shall not be taken into account for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902). Subtitle B— Commodity Distribution Programs SEC. 871. EMERGENCY FOOD ASSISTANCE PROGRAM. (a) Definitions.— Section 201A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 201A. DEFINITIONS. ‘In this Act: “(1) Additional commodities.— The term ‘additional commodities’ means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. “(2) Average monthly number of unemployed persons.— The term ‘average monthly number of unemployed persons’ means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. “(3) Eligible recipient agency.— The term ‘eligible recipient agency’ means a public or nonprofit organization that— “(A) administers— “(i) an emergency feeding organization; “(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; “(iii) a summer camp for children, or a child nutrition program providing food service; “(iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or “(v) a disaster relief program; “(B) has been designated by the appropriate State agency, or by the Secretary; and “(C) has been approved by the Secretary for participation in the program established under this Act. “(4) Emergency feeding organization.— The term ‘emergency feeding organization’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. “(5) Food bank.— The term ‘food bank’ means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. “(6) Food pantry.— The term ‘food pantry’ means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. “(7) Poverty line.— The term ‘poverty line’ has the meaning provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). “(8) Soup kitchen.— The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. “(9) Total value of additional commodities.— The term ‘total value of additional commodities’ means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). “(10) Value of additional commodities allocated to each state.— The term ‘value of additional commodities allocated to each State’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).”. (b) State Plan.— Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 202A. STATE PLAN. “(a) In General.— To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. “(b) Requirements.— Each plan shall— “(1) designate the State agency responsible for distributing the commodities received under this Act; “(2) set forth a plan of operation and administration to expeditiously distribute commodities under this Act; “(3) set forth the standards of eligibility for recipient agencies; and “(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— “(A) individuals or households to be comprised of needy persons; and “(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. “(c) State Advisory Board.— The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.”. (c) Authorization of Appropriations for Administrative Funds.— Section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence, by striking “for State and local” and all that follows through “under this title” and inserting “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources”; and (2) by striking the fourth sentence. (d) Delivery of Commodities.— Section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) by striking subsections (a) through (e) and (j); (2) by redesignating subsections (f) through (i) as subsections (a) through (d), respectively; (3) in subsection (b), as redesignated by paragraph (2)— (A) in the first sentence, by striking “subsection (f) or subsection (j) if applicable,” and inserting “subsection (a),”; and (B) in the second sentence, by striking “subsection (f)” and inserting “subsection (a)”; (4) by striking subsection (c), as redesignated by paragraph (2), and inserting the following: “(c) Administration.— “(1) In general.— Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. “(2) Entitlement.— Each State shall be entitled to receive the value of additional commodities determined under subsection (a).”; and (5) in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”. (e) Technical Amendments.— The Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”; (2) in section 204(a), by striking “title” each place it appears and inserting “Act”; (3) in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and (4) by striking section 212. (f) Report on EFAP.— Section 1571 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 612c note) is repealed. (g) Availability of Commodities Under the Food Stamp Program.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), as amended by section 854(a), is amended by adding at the end the following: “SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM. “(a) Purchase of Commodities.— From amounts made available to carry out this Act, for each of fiscal years 1997 through 2002, the Secretary shall purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), and distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note). “(b) Basis for Commodity Purchases.— In purchasing commodities under subsection (a), the Secretary shall, to the extent practicable and appropriate, make purchases based on— “(1) agricultural market conditions; “(2) preferences and needs of States and distributing agencies; and “(3) preferences of recipients.”. (h) 7 USC 612c note. Effective Date.— The amendments made by subsection (d) shall become effective on October 1, 1996. SEC. 872. FOOD BANK DEMONSTRATION PROJECT. Section 3 of the Charitable Assistance and Food Bank Act of 1987 (Public Law 100–232; 7 U.S.C. 612c note) is repealed. SEC. 873. HUNGER PREVENTION PROGRAMS. The Hunger Prevention Act of 1988 (Public Law 100–435; 7 U.S.C. 612c note) is amended— (1) by striking section 110; (2) by striking subtitle C of title II; and (3) by striking section 502. SEC. 874. REPORT ON ENTITLEMENT COMMODITY PROCESSING. Section 1773 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 612c note) is amended by striking subsection (f). Subtitle C— Electronic Benefit Transfer Systems SEC. 891. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended— (1) by striking “(d) In the event that” and inserting “(d) Applicability to Service Providers Other Than Certain Financial Institutions.— “(1) In general.— If’; and (2) by adding at the end the following: “(2) State and local government electronic benefit transfer systems.— “(A) Definition of electronic benefit transfer system.— In this paragraph, the term ‘electronic benefit transfer system’— “(i) means a system under which a government agency distributes needs-tested benefits by establishing accounts that may be accessed by recipients electronically, such as through automated teller machines or point-of-sale terminals; and “(ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency. “(B) Exemption generally.— The disclosures, protections, responsibilities, and remedies established under this title, and any regulation prescribed or order issued by the Board in accordance with this title, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government. “(C) Exception for direct deposit into recipient’s account.— Subparagraph (B) shall not apply with respect to any electronic funds transfer under an electronic benefit transfer system for a deposit directly into a consumer account held by the recipient of the benefit. “(D) Rule of construction.— No provision of this paragraph— “(i) affects or alters the protections otherwise applicable with respect to benefits established by any other provision Federal, State, or local law; or “(ii) otherwise supersedes the application of any State or local law.”.

80. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 836 · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(6)

       Pub. L. 104–193, § 836, substituted “(6) that—” for “(6) that”

    2. Substituted · 7 U.S.C. § 2020(e)(6)

       Pub. L. 104–193, § 836, substituted “Office of Personnel Management” for “United States Civil Service Commission”

    3. Struck · 7 U.S.C. § 2020(e)(6)

       Pub. L. 104–193, § 836, struck out subpars. (C) to (E) which read as follows: “(C) the State agency shall provide a continuing, comprehensive program of training for all personnel undertaking such certification so that eligible households are promptly and accurately certified to receive the allotments for which they are eligible under this chapter; (D) the State agency, at its option, may undertake intensive training to ensure that State agency personnel who undertake the certification of households that include a member who engages in farming are qualified to perform such certification; and (E) at its option, the State agency may provide, or contract for the provision of, training and assistance to persons working with volunteer or nonprofit organizations that provide program information activities or eligibility screening to persons potentially eligible for food stamps;”

    Source evidence

    Code amendment note
    Subsec. (e)(6). Pub. L. 104–193, § 836, substituted “(6) that—” for “(6) that”, realigned margins of subpars. (A) and (B), in subpar. (B) substituted “Office of Personnel Management” for “United States Civil Service Commission”, and struck out subpars. (C) to (E) which read as follows: “(C) the State agency shall provide a continuing, comprehensive program of training for all personnel undertaking such certification so that eligible households are promptly and accurately certified to receive the allotments for which they are eligible under this chapter; (D) the State agency, at its option, may undertake intensive training to ensure that State agency personnel who undertake the certification of households that include a member who engages in farming are qualified to perform such certification; and (E) at its option, the State agency may provide, or contract for the provision of, training and assistance to persons working with volunteer or nonprofit organizations that provide program information activities or eligibility screening to persons potentially eligible for food stamps;”.

    Enacted provision · exact public law section
    SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS. Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amended— (1) by striking “that (A) the” and inserting “that— “(A) the”; (2) by striking “Act; (B) the” and inserting “Act; and “(B) the”; (3) in subparagraph (B), by striking “United States Civil Service Commission” and inserting “Office of Personnel Management”; and (4) by striking subparagraphs (C) through (E).

81. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title VIII · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted “except that—” for “except that”, in subpar. (A), realigned margin

    2. Substituted · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted “the safeguards” for “such safeguards” and semicolon for comma at end, in subpar. (B), realigned margin

    3. Substituted · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted “chapter;” for “chapter, and”, in subpar. (C), realigned margin

    4. Substituted · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted “the safeguards” for “such safeguards”

    5. Struck · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, struck out “and excluding claims arising from an error of the State agency, that has not been recovered pursuant to such section” before “, from Federal pay”

    6. Inserted · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, inserted before semicolon at end “or a Federal income tax refund as authorized by section 3720A of title 31”

    7. Added · 7 U.S.C. § 2020(e)(8)

       Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (e)(8). Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted “except that—” for “except that”, in subpar. (A), realigned margin, substituted “the safeguards” for “such safeguards” and semicolon for comma at end, in subpar. (B), realigned margin and substituted “chapter;” for “chapter, and”, in subpar. (C), realigned margin, substituted “the safeguards” for “such safeguards”, struck out “and excluding claims arising from an error of the State agency, that has not been recovered pursuant to such section” before “, from Federal pay”, and inserted before semicolon at end “or a Federal income tax refund as authorized by section 3720A of title 31”, and added subpars. (D) and (E).

    Enacted provision · exact public law
    TITLE VIII— FOOD STAMPS AND COMMODITY DISTRIBUTION Subtitle A— Food Stamp Program SEC. 801. DEFINITION OF CERTIFICATION PERIOD. Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 2012(c)) is amended by striking “Except as provided” and all that follows and inserting the following: “The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months.”. SEC. 802. DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking “or type of certificate” and inserting “type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number,”. SEC. 803. TREATMENT OF CHILDREN LIVING AT HOME. The second sentence of section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended by striking “(who are not themselves parents living with their children or married and living with their spouses)”. SEC. 804. ADJUSTMENT OF THRIFTY FOOD PLAN. The second sentence of section 3(o) of the Food Stamp Act of 1977 (7 U.S.C. 2012(o)) is amended— (1) by striking “shall (1) make” and inserting the following: “shall— “(1) make”; (2) by striking “scale, (2) make” and inserting the following: “scale; “(2) make”; (3) by striking “Alaska, (3) make” and inserting the following: “Alaska; “(3) make”; and (4) by striking “Columbia, (4) through” and all that follows through the end of the subsection and inserting the following: “Columbia; and “(4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in effect on September 30, 1996.”. SEC. 805. DEFINITION OF HOMELESS INDIVIDUAL. Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2012(s)(2)(C)) is amended by inserting “for not more than 90 days” after “temporary accommodation”. 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”. 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”. SEC. 808. ENERGY ASSISTANCE. (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,”. (b) Conforming Amendments.— Section 5(k) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)) is amended— (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,”; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) a payment or allowance described in subsection (d)(11);”; and (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.”. SEC. 809. DEDUCTIONS FROM INCOME. (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.”. (b) Conforming Amendment.— Section 11(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(3)) is amended by striking “. Under rules prescribed” and all that follows through “verifies higher expenses”. 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.”. 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. 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.”. SEC. 813. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended— (1) in clause (i), by striking “six months” and inserting “1 year”; and (2) in clause (ii), by striking “1 year” and inserting “2 years”. SEC. 814. DISQUALIFICATION OF CONVICTED INDIVIDUALS. Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)(iii)) is amended— (1) in subclause (II), by striking “or” at the end; (2) in subclause (III), by striking the period at the end and inserting or”; and (3) by inserting after subclause (III) the following: “(IV) a conviction of an offense under subsection (b) or (c) of section 15 involving an item covered by subsection (b) or (c) of section 15 having a value of $500 or more.”. SEC. 815. DISQUALIFICATION. (a) In General.— Section 6(d) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)) is amended by striking “(d)(1) Unless otherwise exempted by the provisions” and all that follows through the end of paragraph (1) and inserting the following: “(d) Conditions of Participation.— “(1) Work requirements.— “(A) In general.— No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food stamp program if the individual— “(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; “(ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency; “(iii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— “(I) the applicable Federal or State minimum wage; or “(II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; “(iv) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; “(v) voluntarily and without good cause— “(I) quits a job; or “(II) reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or “(vi) fails to comply with section 20. “(B) Household ineligibility.— If an individual who is the head of a household becomes ineligible to participate in the food stamp program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the food stamp program for a period, determined by the State agency, that does not exceed the lesser of— “(i) the duration of the ineligibility of the individual determined under subparagraph (C); or “(ii) 180 days. “(C) Duration of ineligibility.— “(i) First violation.— The first time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 1 month after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 3 months after the date the individual became ineligible. “(ii) Second violation.— The second time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 3 months after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 6 months after the date the individual became ineligible. “(iii) Third or subsequent violation.— The third or subsequent time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 6 months after the date the individual became ineligible; “(III) a date determined by the State agency; or “(IV) at the option of the State agency, permanently. “(D) Administration.— “(i) Good cause.— The Secretary shall determine the meaning of good cause for the purpose of this paragraph. “(ii) Voluntary quit.— The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph. “(iii) Determination by state agency.— “(I) In general.— Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine— “(aa) the meaning of any term used in subparagraph (A); “(bb) the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and “(cc) whether an individual is in compliance with a requirement under subparagraph (A). “(II) Not less restrictive.— A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this Act than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). “(iv) Strike against the government.— For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. “(v) Selecting a head of household.— “(I) In general.— For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the food stamp program agree to the selection. “(II) Time for making designation.— A household may designate the head of the household under subclause (I) each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household. “(vi) Change in head of household.— If the head of a household leaves the household during a period in which the household is ineligible to participate in the food stamp program under subparagraph (B)— “(I) the household shall, if otherwise eligible, become eligible to participate in the food stamp program; and “(II) if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the food stamp program for the remaining period of ineligibility.”. (b) Conforming Amendment.— (1) The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “6(d)(1)(i)” and inserting “6(d)(1)(A)(i)”. (2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C. 2029) is amended by striking subsection (f) and inserting the following: “(f) Disqualification.— An individual or a household may become ineligible under section 6(d)(1) to participate in the food stamp program for failing to comply with this section.”. SEC. 816. CARETAKER EXEMPTION. Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)) is amended by adding at the end the following: “A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the of a dependent child that qualifies a parent or other member age of a dependent child that qualities a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.”. SEC. 817. EMPLOYMENT AND TRAINING. (a) In General.— Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended— (1) by striking “(4)(A) Not later than April 1, 1987, each” and inserting the following: “(4) Employment and training.— “(A) In general.— “(i) Implementation.— Each”; (2) in subparagraph (A)— (A) by inserting “work,” after “skills, training,”; and (B) by adding at the end the following: “(ii) Statewide workforce development system.— Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system.”; (3) in subparagraph (B)— (A) in the matter preceding clause (i), by striking the colon at the end and inserting the following: “, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application:”; (B) in clause (i), by striking “with terms and conditions” and all that follows through “time of application”; and (C) in clause (iv)— (i) by striking subclauses (I) and (II); and (ii) by redesignating subclauses (III) and (IV) as subclauses (I) and (II), respectively; (4) in subparagraph (D)— (A) in clause (i), by striking “to which the application” and all that follows through “30 days or less”; (B) in clause (ii), by striking “but with respect” and all that follows through “child care”; and (C) in clause (iii), by striking “, on the basis of’ and all that follows through “clause (ii)” and inserting “the exemption continues to be valid”; (5) in subparagraph (E), by striking the third sentence; (6) in subparagraph (G)— (A) by striking “(G)(i) The State” and inserting “(G) The State”; and (B) by striking clause (ii); (7) in subparagraph (H), by striking “(H)(i) The Secretary” and all that follows through “(ii) Federal funds” and inserting “(H) Federal funds”; (8) in subparagraph (I)(i)(II), by striking “, or was in operation,” and all that follows through “Social Security Act” and inserting the following: “), except that no such payment or reimbursement shall exceed the applicable local market rate”; (9) (A) by striking subparagraphs (K) and (L) and inserting the following: “(K) Limitation on funding.— Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title TV of the Act (42 U.S.C. 601 et seq.).”; and (B) by redesignating subparagraphs (M) and (N) as subparagraphs (L) and (M), respectively; and (10) in subparagraph (L), as so redesignated— (A) by striking “(L)(i) The Secretary” and inserting “(L) The Secretary”; and (B) by striking clause (ii). (b) Funding.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking “(h)(1)(A) The Secretary” and all that follows through the end of paragraph (1) and inserting the following: “(h) Funding of Employment and Training Programs.— “(1) In general.— “(A) Amounts.— To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies from funds made available for each fiscal year under section 18(a)(1) the amount of— “(i) for fiscal year 1996, $75,000,000; “(ii) for fiscal year 1997, $79,000,000; “(iii) for fiscal year 1998, $81,000,000; “(iv) for fiscal year 1999, $84,000,000; “(v) for fiscal year 2000, $86,000,000; “(vi) for fiscal year 2001, $88,000,000; and “(vii) for fiscal year 2002, $90,000,000. “(B) Allocation.— The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula (as determined by the Secretary) that gives consideration to the population in each State affected by section 6(o). “(C) Reallocation.— “(i) Notification.— A State agency shall promptly notify the Secretary if the State agency determines that the State agency will not expend all of the funds allocated to the State agency under subparagraph (B). “(ii) Reallocation.— On notification under clause (i), the Secretary shall reallocate the funds that the State agency will not expend as the Secretary considers appropriate and equitable. “(D) Minimum allocation.— Notwithstanding subparagraphs (A) through (C), the Secretary shall ensure that each State agency operating an employment and train-ing program shall receive not less than $50,000 for each fiscal year.”. (c) Additional Matching Funds.— Section 16(h)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by inserting before the period at the end the following: “, including the costs for case management and casework to facilitate the transition from economic dependency to self-sufficiency through work”. (d) Reports.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended— (1) in paragraph (5)— (A) by striking “(5)(A) The Secretary” and inserting “(5) The Secretary”; and (B) by striking subparagraph (B); and (2) by striking paragraph (6). SEC. 818. FOOD STAMP ELIGIBILITY. The third sentence of section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is amended by inserting “, at State option,” after “less”. SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by adding at the end the following: “(i) Comparable Treatment for Disqualification.— “(1) In general.— If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the food stamp program. “(2) Rules and procedures.— If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the food stamp program. “(3) Application after disqualification period.— A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this Act and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended— (1) in paragraph (24), by striking “and” at the end; (2) in paragraph (25), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(26) the guidelines the State agency uses in carrying out section 6(i); and”. (c) Conforming Amendment.— Section 6(d)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking “that is comparable to a requirement of paragraph (1)”. SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP BENEFITS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 819, is amended by adding at the end the following: “(j) Disqualification for Receipt of Multiple Food Stamp Benefits.— An individual shall be ineligible to participate in the food stamp program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program.”. SEC. 821. DISQUALIFICATION OF FLEEING FELONS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 820, is amended by adding at the end the following: “(k) Disqualification of Fleeing Felons.— No member of a household who is otherwise eligible to participate in the food stamp program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is— “(1) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or “(2) violating a condition of probation or parole imposed under a Federal or State law.”. SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 821, is amended by adding at the end the following: “(l) Custodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as ‘the individual’) who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the food stamp program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in obtaining support for— “(i) the child; or “(ii) the individual and the child. “(2) Good cause for noncooperation.— Paragraph (1) Regulations. shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child. “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(m) Noncustodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as ‘the individual’) shall not be eligible to participate in the food stamp program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in providing support for the child. “(2) Refusal to cooperate.— “(A) Guidelines.— The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). “(B) Procedures.— The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(4) Privacy.— The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected”. SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 822, is amended by adding at the end the following: “(n) Disqualification for Child Support Arrears.— “(1) In general.— At the option of a State agency, no individual shall be eligible to participate in the food stamp program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. “(2) Exceptions.— Paragraph (1) shall not apply if— “(A) a court is allowing the individual to delay payment; or “(B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual.”. SEC. 824. WORK REQUIREMENT. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 823, is amended by adding at the end the following: “(o) Work Requirement.— “(1) Definition of work program.— In this subsection, the term “work program’ means— “(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); “(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and “(C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a job search program or a job search training program. “(2) Work requirement.— Subject to the other provisions of this subsection, no individual shall be eligible to participate in the food stamp program as a member of any household if, during the preceding 36-month period, the individual received food stamp benefits for not less than 3 months (consecutive or otherwise) during which the individual did not— “(A) work 20 hours or more per week, averaged monthly; “(B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; “(C) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or “(D) receive benefits pursuant to paragraph (3), (4), or (5). “(3) Exception.— Paragraph (2) shall not apply to an individual if the individual is— “(A) under 18 or over 50 years of age; “(B) medically certified as physically or mentally unfit for employment; “(C) a parent or other member of a household with responsibility for a dependent child; “(D) otherwise exempt under subsection (d)(2); or “(E) a pregnant woman. “(4) Waiver.— “(A) In general.— On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside— “(i) has an unemployment rate of over 10 percent; or “(ii) does not have a sufficient number of jobs to provide employment for the individuals. “(B) Report.— The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. “(5) Subsequent eligibility.— “(A) Regaining eligibility.— An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the food stamp program if, during a 30-day period, the individual— “(i) works 80 or more hours; “(ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or “(iii) participates in and complies with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State. “(B) Maintaining eligibility.— An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(C) Loss of employment.— “(i) In general.— An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(ii) Limitation.— An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period. “(6) Other program rules.— Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”. (b) 7 USC 2015 note. Transition Provision.— The term “preceding 36-month period” in section 6(o) of the Food Stamp Act of 1977, as added by subsection (a), does not include, with respect to a State, any period before the earlier of— (1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or (2) the date that is 3 months after the date of enactment of this Act. SEC. 825. ENCOURAGEMENT OF ELECTRONIC BENEFIT TRANSFER SYSTEMS. (a) In General.— Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended— (1) by striking “(i)(I)(A) Any State” and all that follows through the end of paragraph (1) and inserting the following: “(i) Electronic Benefit Transfers.— “(1) In general.— “(A) Implementation.— Not later than October 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 8(a) or 26 are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. “(B) Timely implementation.— Each State agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable. “(C) State flexibility.— Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. “(D) Operation.— An electronic benefit transfer system should take into account generally accepted standard operating rules based on— “(i) commercial electronic funds transfer technology; “(ii) the need to permit interstate operation and law enforcement monitoring; and “(iii) the need to permit monitoring and investigations by authorized law enforcement agencies.”; (2) in paragraph (2)— (A) by striking “effective no later than April 1, 1992,”; (B) in subparagraph (A)— (i) by striking “, in any 1 year,”; and (ii) by striking “on-line”; (C) by striking subparagraph (D) and inserting the following: “(D) (i) measures to maximize the security of a system using the most recent technology available that the State agency considers appropriate and cost effective and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and “(ii) effective not later than 2 years after the date Effective date. of enactment of this clause, to the extent practicable, measures that permit a system to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment;”; (D) in subparagraph (G), by striking “and” at the end; (E) in subparagraph (H), by striking the period at the end and inserting “; and”; and (F) by adding at the end the following: “(I) procurement standards.”; and (3) by adding at the end the following: “(7) Replacement of benefits.— Regulations issued by Regulations. the Secretary regarding the replacement of benefits and liability for replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paper-based food stamp issuance system. “(8) Replacement card fee.— A State agency may collect a charge for replacement of an electronic benefit transfer card by reducing the monthly allotment of the household receiving the replacement card. “(9) Optional photographic identification.— “(A) In general.— A State agency may require that an electronic benefit card contain a photograph of 1 or more members of a household. “(B) Other authorized users.— If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. “(10) Applicable law.— Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) shall not apply to benefits under this Act delivered through any electronic benefit transfer system. “(11) Application of anti-tying restrictions to electronic benefit transfer systems.— “(A) Definitions.— In this paragraph: “(i) Affiliate.— The term ‘affiliate’ has the meaning provided the term in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). “(ii) Company.— The term ‘company’ has the meaning provided the term in section 106(a) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 1971), but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. “(iii) Electronic benefit transfer service.— The term ‘electronic benefit transfer service’ means the processing of electronic transfers of household benefits, determined under section 8(a) or 26, if the benefits are— “(I) issued from and stored in a central databank; “(II) electronically accessed by household members at the point of sale; and “(III) provided by a Federal or State government. “(iv) Point-of-sale service.— The term ‘point-of-sale service’ means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems. “(B) Restrictions.— A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer— “(i) obtain some additional point-of-sale service from the company or an affiliate of the company; or “(ii) not obtain some additional point-of-sale service from a competitor of the company or competitor of any affiliate of the company. “(C) Consultation with the federal reserve board.— Before promulgating regulations or interpretations of regulations to carry out this paragraph, the Secretary shall consult with the Board of Governors of the Federal Reserve System.”. (b) Sense of Congress.— It is the sense of Congress that a State that operates an electronic benefit transfer system under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) should operate the system in a manner that is compatible with electronic benefit transfer systems operated by other States. SEC. 826. VALUE OF MINIMUM ALLOTMENT. The proviso in section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a)) is amended by striking “, and shall be adjusted” and all that follows through “$5”. SEC. 827. BENEFITS ON RECERTIFICATION. Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)(2)(B)) is amended by striking “of more than one month”. SEC. 828. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS. Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)) is amended by striking paragraph (3) and inserting the following: “(3) Optional combined allotment for expedited households.— A State agency may provide to an eligible house-hold applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the household for the following month, an allotment that is equal to the total amount of the initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 11(e)(3) in the case of a household that is not entitled to expedited service and in accordance with paragraphs (3) and (9) of section 11(e) in the case of a household that is entitled to expedited service.”. SEC. 829. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by striking subsection (d) and inserting the following: “(d) Reduction of Public Assistance Benefits.— “(1) In general.— If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction— “(A) the household may not receive an increased allotment as the result of a decrease in the income of the household to the extent that the decrease is the result of the reduction; and “(B) the State agency may reduce the allotment of the household by not more than 25 percent. “(2) Rules and procedures.— If the allotment of a household is reduced under this subsection for a failure to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to reduce the allotment under the rood stamp program.”. SEC. 830. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: “(f) Allotments for Households Residing in Centers.— “(1) In general.— In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in the last sentence of section 3(i), a State agency may provide an allotment for the individual to— “(A) the center as an authorized representative of the individual for a period that is less than 1 month; and “(B) the individual, if the individual leaves the center. “(2) Direct payment.— A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment.”. SEC. 831. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: “No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate.”. SEC. 832. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is amended by adding at the end the following: “(3) Authorization periods.— The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program.”. SEC. 833. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended— (1) in the first sentence, by inserting “, which may include relevant income and sales tax filing documents,” after “submit information”; and (2) by inserting after the first sentence the following: “The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.”. SEC. 834. WATTING PERIOD FOR STORES THAT FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: “A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.”. SEC. 835. OPERATION OF FOOD STAMP OFFICES. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020), as amended by sections 809(b) and 819(b), is amended— (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: “(2) (A) that the State agency shall establish procedures Regulations. governing the operation of food stamp offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English. “(B) In carrying out subparagraph (A), a State agency— “(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the food stamp program; “(ii) shall develop an application containing the information necessary to comply with this Act; “(iii) shall permit an applicant household to apply to participate in the program on the same day that the house-hold first contacts a food stamp office in person during office hours; “(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application; “(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that— “(I) the information contained in the application is true; and “(II) all members of the household are citizens or are aliens eligible to receive food stamps under section 6(f); “(vi) shall provide a method of certifying and issuing coupons to eligible homeless individuals, to ensure that participation in the food stamp program is limited to eligible households; and “(vii) may establish operating procedures that vary for local food stamp offices to reflect regional and local differences within the State. “(C) Nothing in this Act shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency’s application system that does not rely exclusively on the collection and retention of paper applications or other records. “(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;”; (B) in paragraph (3)— (i) by striking “shall—” and all that follows through “provide each” and inserting “shall provide each”; and (ii) by striking “(B) assist” and all that follows through “representative of the State agency;”; (C) by striking paragraphs (14) and (25); (D) (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and (ii) by redesignating paragraph (26), as paragraph (24); and (2) in subsection (i)— (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and (B) by striking “; (3) households” and all that follows through “title IV of the Social Security Act. No” and inserting a period and the following: “(2) Denial and termination.— Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no”. SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS. Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amended— (1) by striking “that (A) the” and inserting “that— “(A) the”; (2) by striking “Act; (B) the” and inserting “Act; and “(B) the”; (3) in subparagraph (B), by striking “United States Civil Service Commission” and inserting “Office of Personnel Management”; and (4) by striking subparagraphs (C) through (E). SEC. 837. EXCHANGE OF LAW ENFORCEMENT INFORMATION. Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended— (1) by striking “that (A) such” and inserting the following: “that— “(A) the”; (2) by striking “law, (B) notwithstanding” and inserting the following: “law; “(B) notwithstanding”; (3) by striking “Act, and (C) such” and inserting the following: “Act; “(C) the”; and (4) by adding at the end the following: “(D) notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any member of a household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that— “(i) the member— “(I) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under Federal or State law; or “(II) has information that is necessary for the officer to conduct an official duty related to subclause (I); “(ii) locating or apprehending the member is an official duty; and “(iii) the request is being made in the proper exercise of an official duty; and “(E) the safeguards shall not prevent compliance with paragraph (16);”. SEC. 838. EXPEDITED COUPON SERVICE. Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) in subparagraph (A), by striking “five days” and inserting “7 days”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C); (4) in subparagraph (B), as redesignated by paragraph (3), by striking “five days” and inserting “7 days”; and (5) in subparagraph (C), as redesignated by paragraph (3), by striking (B), or (C)” and inserting “or (B)”. SEC. 839. WITHDRAWING FAIR HEARING REQUESTS. Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(10)) is amended by inserting before the semicolon at the end a period and the following: “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is Notice. an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”. SEC. 840. INCOME, ELIGIBH.ITY, AND IMMIGRATION STATUS VERIFICATION SYSTEMS. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended— (1) in subsection (e)(18), as redesignated by section 835(1)(D)— (A) by striking “that information is” and inserting “at the option of the State agency, that information may be”; and (B) by striking “shall be requested” and inserting “may be requested”; and (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”. SEC. 841. INVESTIGATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: “Regulations issued Regulations. pursuant to this Act shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.”. SEC. 842. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) for a reasonable period of time to be determined by the Secretary, including permanent disqualification, on the knowing submission of an application for the approval or reauthorization to accept and redeem coupons that contains false information about a substantive matter that was a part of the application.”. SEC. 843. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: “(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.— “(1) Regulations. In general.— The Secretary shall issue regulations providing criteria for the disqualification under this Act of an approved retail food store or a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). “(2) Terms.— A disqualification under paragraph (1)— “(A) shall be for the same length of time as the disqualification from the program referred to in paragraph (1); “(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and “(C) notwithstanding section 14, shall not be subject to judicial or administrative review.”. SEC. 844. COLLECTION OF OVERISSUANCES. (a) Collection of Overissuances.— Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended— (1) by striking subsection (b) and inserting the following: “(b) Collection of Overissuances.— “(1) In general.— Except as otherwise provided in this subsection, a State agency shall collect any overissuance of coupons issued to a household by— “(A) reducing the allotment of the household; “(B) withholding amounts from unemployment compensation from a member of the household under subsection (c); “(C) recovering from Federal pay or a Federal income tax refund under subsection (d); or “(D) any other means. “(2) Cost effectiveness.— Paragraph (1) shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph (1) are not cost effective. “(3) Maximum reduction absent fraud.— If a household received an overissuance of coupons without any member of the household being found ineligible to participate in the program under section 6(b)(1) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— “(A) 10 percent of the monthly allotment of the household; or “(B) $10. “(4) Procedures.— A State agency shall collect an overissuance of coupons issued to a household under paragraph (1) in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment.”; and (2) in subsection (d)— (A) by striking “as determined under subsection (b) and except for claims arising from an error of the State agency,” and inserting “, as determined under subsection (b)(1),”; and (B) by inserting before the period at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (b) Conforming Amendments.— Section 11(e)(8)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended— (1) by striking “and excluding claims” and all that follows through “such section”; and (2) by inserting before the semicolon at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (c) Retention Rate.— The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking “25 percent during the period beginning October 1, 1990” and all that follows through “section 13(b)(2) which arise” and inserting “35 percent of the value of all funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) and 20 percent of the value of any other funds or allotments recovered or collected, except the value of funds or allotments recovered or collected that arise”. SEC. 845. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM REQUIREMENTS PENDING ADMINISTRATIVE AND JUDICIAL REVIEW. Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by redesignating the first through seventeenth sentences as paragraphs (1) through (17), respectively; and (2) by adding at the end the following: “(18) Suspension of stores pending review.— Notwithstanding Effective date. any other provision of this subsection, any permanent disqualification of a retail food store or wholesale food concern under paragraph (3) or (4) of section 12(b) shall be effective from the date of receipt of the notice of disqualification. If the disqualification is reversed through administrative or judicial review, the Secretary shall not be liable for the value of any sales lost during the disqualification period.”. SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.— The first sentence of section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking “or intended to be furnished”. (b) Criminal Forfeiture.— Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended by adding at the end the following: “(h) Criminal Forfeiture.— “(1) In general.— In imposing a sentence on a person convicted of an offense in violation of subsection (b) or (c), a court shall order, in addition to any other sentence imposed under this section, that the person forfeit to the United States all property described in paragraph (2). “(2) Property subject to forfeiture.— All property, real and personal, used in a transaction or attempted transaction, to commit, or to facilitate the commission of, a violation (other than a misdemeanor) of subsection (b) or (c), or proceeds traceable to a violation of subsection (b) or (c), shall be subject to forfeiture to the United States under paragraph (1). “(3) Interest of owner.— No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner. “(4) Proceeds.— The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used— “(A) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding; “(B) second, to reimburse the Department of Agriculture Office of Inspector General for any costs the Office incurred in the law enforcement effort resulting in the forfeiture; “(C) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and “(D) fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under section 9.”. SEC. 847. LIMITATION ON FEDERAL MATCH. Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)(4)) is amended by inserting after the comma at the end the following: “but not including recruitment activities,”. SEC. 848. STANDARDS FOR ADMINISTRATION. (a) In General.— Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by striking subsection (b). (b) Conforming Amendments.— (1) The first sentence of section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by striking “the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) or”. (2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(c)(1)(B)) is amended by striking “pursuant to subsection (b)”. SEC. 849. WORK SUPPLEMENTATION OR SUPPORT PROGRAM. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025), as amended by section 848(a), is amended by inserting after subsection (a) the following: “(b) Work Supplementation or Support Program.— “(1) Definition of work supplementation or support program.— In this subsection, the term ‘work supplementation or support program’ means a program under which, as determined by the Secretary, public assistance (including any benefits provided under a program established by the State and the food stamp program) is provided to an employer to be used for hiring and employing a public assistance recipient who was not employed by the employer at the time the public assistance recipient entered the program. “(2) Program.— A State agency may elect to use an amount equal to the allotment that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, for the purpose of subsidizing or supporting a job under a work supplementation or support program established by the State. “(3) Procedure.— If a State agency makes an election under paragraph (2) and identifies each household that participates in the food stamp program that contains an individual who is participating in the work supplementation or support program— “(A) the Secretary shall pay to the State agency an amount equal to the value of the allotment that the household would be eligible to receive but for the operation of this subsection; “(B) the State agency shall expend the amount received under subparagraph (A) in accordance with the work supplementation or support program in lieu of providing the allotment that the household would receive but for the operation of this subsection; “(C) for purposes of— “(i) sections 5 and 8(a), the amount received under this subsection shall be excluded from household income and resources; and “(ii) section 8(b), the amount received under this subsection shall be considered to be the value of an allotment provided to the household; and “(D) the household shall not receive an allotment from the State agency for the period during which the member continues to participate in the work supplementation or support program. “(4) Other work requirements.— No individual shall be excused, by reason of the fact that a State has a work supplementation or support program, from any work requirement under section 6(d), except during the periods in which the individual is employed under the work supplementation or support program. “(5) Length of participation.— A State agency shall provide a description of how the public assistance recipients in the program shall, within a specific period of time, be moved from supplemented or supported employment to employment that is not supplemented or supported. “(6) Displacement.— A work supplementation or support program shall not displace the employment of individuals who are not supplemented or supported.”. SEC. 850. WAIVER AUTHORITY. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) in subparagraph (A)— (A) in the first sentence, by striking “benefits to eligible households, including” and inserting the following: “benefits to eligible households, and may waive any requirement of this Act to the extent necessary for the project to be conducted. “(B) Project requirements.— “(i) Program goal.— The Secretary may not conduct a project under subparagraph (A) unless— “(I) the project is consistent with the goal of the food stamp program of providing food assistance to raise levels of nutrition among low-income individuals; and “(II) the project includes an evaluation to determine the effects of the project. “(ii) Permissible projects.— The Secretary may conduct a project under subparagraph (A) to— “(I) improve program administration; “(II) increase the self-sufficiency of food stamp recipients; “(III) test innovative welfare reform strategies; or “(IV) allow greater conformity with the rules of other programs than would be allowed but for this paragraph. “(iii) Restrictions on permissible projects.— If the Secretary finds that a project under subparagraph (A) would reduce benefits by more than 20 percent for more than 5 percent of households in the area subject to the project (not including any household whose benefits are reduced due to a failure to comply with work or other conduct requirements), the project— “(I) may not include more than 15 percent of the State’s food stamp households; and “(II) shall continue for not more than 5 years after the date of implementation, unless the Secretary approves an extension requested by the State agency at any time. “(iv) Impermissible projects.— The Secretary may not conduct a project under subparagraph (A) that— “(I) involves the payment of the value of an allotment in the form of cash, unless the project was approved prior to the date of enactment of this subparagraph; “(II) has the effect of substantially transferring funds made available under this Act to services or benefits provided primarily through another public assistance program, or using the funds for any purpose other than the purchase of food, program administration, or an employment or training program; “(III) is inconsistent with— “(aa) the last 2 sentences of section 3(i); “(bb) the last sentence of section 5(a), insofar as a waiver denies assistance to an otherwise eligible household or individual if the household or individual has not failed to comply with any work, behavioral, or other conduct requirement under this or another program; “(cc) section 5(c)(2); “(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section 6(d); “(ee) section 8(b); “(ff) section 11(e)(2)(B); “(gg) the time standard under section 11(e)(3); “(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of section 16; “(ii) this paragraph; or “(jj) subsection (a)(1) or (g)(1) of section 20; “(IV) modifies the operation of section 5 so as to have the effect of— “(aa) increasing the shelter deduction to households with no out-of-pocket housing costs or housing costs that consume a low percentage of the household’s income; or “(bb) absolving a State from acting with reasonable promptness on substantial reported changes in income or household size (except that this subclause shall not apply with regard to changes related to food stamp deductions); “(V) is not limited to a specific time period; or “(VI) waives a provision of section 26. “(v) Additional included projects.— A pilot or experimental project may include”; (B) by striking “to aid to families with dependent children under part A of title IV of the Social Security Act” and inserting “are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”; and (C) by striking “coupons. The Secretary” and all that follows through “Any pilot” and inserting the following: “coupons. “(vi) Cash payment pilot projects.— Any pilot”. SEC. 851. RESPONSE TO WAIVERS. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)), as amended by section 850, is amended by adding at the end the following: “(D) Response to waivers.— “(i) Response.— Not later than 60 days after the date of receiving a request for a waiver under subparagraph (A), the Secretary shall provide a response that— “(I) approves the waiver request; “(II) denies the waiver request and describes any modification needed for approval of the waiver request; “(III) denies the waiver request and describes the grounds for the denial; or “(IV) requests clarification of the waiver request. “(ii) Failure to respond.— If the Secretary does not provide a response in accordance with clause (i), the waiver shall be considered approved, unless the approval is specifically prohibited by this Act. “(iii) Notice of denial.— On denial of a waiver request under clause (i)(III), the Secretary shall provide a copy of the waiver request and a description of the reasons for the denial to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”. SEC. 852. EMPLOYMENT INITIATIVES PROGRAM. Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by striking subsection (d) and inserting the following: “(d) Employment Initiatives Program.— “(1) Election to participate.— “(A) In general.— Subject to the other provisions of this subsection, a State may elect to carry out an employment initiatives program under this subsection. “(B) Requirement.— A State shall be eligible to carry out an employment initiatives program under this subsection only if not less than 50 percent of the households in the State that received food stamp benefits during the summer of 1993 also received benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) during the summer of 1993. “(2) Procedure.— “(A) In general.— A State that has elected to carry out an employment initiatives program under paragraph (1) may use amounts equal to the food stamp allotments that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, to provide cash benefits in lieu of the food stamp allotments to the household if the household is eligible under paragraph (3). “(B) Payment.— The Secretary shall pay to each State that has elected to carry out an employment initiatives program under paragraph (1) an amount equal to the value of the allotment that each household participating in the program in the State would be eligible to receive under this Act but for the operation of this subsection. “(C) Other provisions.— For purposes of the food stamp program (other than this subsection)— “(i) cash assistance under this subsection shall be considered to be an allotment; and “(ii) each household receiving cash benefits under this subsection shall not receive any other food stamp benefit during the period for which the cash assistance is provided. “(D) Additional payments.— Each State that has elected to carry out an employment initiatives program under paragraph (1) shall— “(i) increase the cash benefits provided to each household participating in the program in the State under this subsection to compensate for any State or local sales tax that may be collected on purchases of food by the household, unless the Secretary determines on the basis of information provided by the State that the increase is unnecessary on the basis of the limited nature of the items subject to the State or local sales tax; and “(ii) pay the cost of any increase in cash benefits required by clause (i). “(3) Eligibility.— A household shall be eligible to receive cash benefits under paragraph (2) if an adult member of the household— “(A) has worked in unsubsidized employment for not less than the preceding 90 days; “(B) has earned not less than $350 per month from the employment referred to in subparagraph (A) for not less than the preceding 90 days; “(C) (i) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or “(ii) was receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at the time the member first received cash benefits under this subsection and is no longer eligible for the State program because of earned income; “(D) is continuing to earn not less than $350 per month from the employment referred to in subparagraph (A); and “(E) elects to receive cash benefits in lieu of food stamp benefits under this subsection. “(4) Evaluation.— A State that operates a program under this subsection for 2 years shall provide to the Secretary a written evaluation of the impact of cash assistance under this subsection. The State agency, with the concurrence of the Secretary, shall determine the content of the evaluation.”. SEC. 853. REAUTHORIZATION. The first sentence of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking “1991 through 1997” and inserting “1996 through 2002”. SEC. 854. SIMPLIFIED FOOD STAMP PROGRAM. (a) In General.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: “SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM. “(a) Definition of Federal Costs.— In this section, the term ‘Federal costs’ does not include any Federal costs incurred under section 17. “(b) Election.— Subject to subsection (d), a State may elect to carry out a Simplified Food Stamp Program (referred to in this section as a ‘Program’), statewide or in a political subdivision of the State, in accordance with this section. “(c) Operation of Program.— If a State elects to carry out a Program, within the State or a political subdivision of the State— “(1) a household in which no members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may not participate in the Program; “(2) a household in which all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall automatically be eligible to participate in the Program; “(3) if approved by the Secretary, a household in which 1 or more members but not all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may be eligible to participate in the Program; and “(4) subject to subsection (f), benefits under the Program shall be determined under rules and procedures established by the State under— “(A) a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); “(B) the food stamp program; or “(C) a combination of a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and the food stamp program. “(d) Approval of Program.— “(1) State plan.— A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2). “(2) Approval of plan.— The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan— “(A) complies with this section; and “(B) contains sufficient documentation that the plan will not increase Federal costs for any fiscal year. “(e) Increased Federal Costs.— “(1) Determination.— “(A) In general.— The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this Act. “(B) No excluded households.— In making a determination under subparagraph (A), the Secretary shall not require the State agency to collect or report any information on households not included in the Program. “(C) Alternative accounting periods.— The Secretary may approve the request of a State agency to apply alternative accounting periods to determine if Federal costs do not exceed the Federal costs had the State agency not elected to carry out the Program. “(2) Notification.— If the Secretary determines that the Program has increased Federal costs under this Act for any fiscal year or any portion of any fiscal year, the Secretary shall notify the State not later than 30 days after the Secretary makes the determination under paragraph (1). “(3) Enforcement.— “(A) Corrective action.— Not later than 90 days after the date of a notification under paragraph (2), the State shall submit a plan for approval by the Secretary for prompt corrective action that is designed to prevent the Program from increasing Federal costs under this Act. “(B) Termination.— If the State does not submit a plan under subparagraph (A) or carry out a plan approved by the Secretary, the Secretary shall terminate the approval of the State agency operating the Program and the State agency shall be ineligible to operate a future Program. “(f) Rules and Procedures.— “(1) In general.— In operating a Program, a State or political subdivision of a State may follow the rules and procedures established by the State or political subdivision under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under the food stamp program. “(2) Standardized deductions.— In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 5(e). In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households. “(3) Requirements.— In operating a Program, a State or political subdivision shall comply with the requirements of— “(A) subsections (a) through (g) of section 7; “(B) section 8(a) (except that the income of a household may be determined under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); “(C) subsection (b) and (d) of section 8; “(D) subsections (a), (c), (d), and (n) of section 11; “(E) paragraphs (8), (12), (16), (18), (20), (24), and (25) of section 11(e); “(F) section 11(e)(10) (or a comparable requirement established by the State under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and “(G) section 16. “(4) Limitation on eligibility.— Notwithstanding any other provision of this section, a household may not receive benefits under this section as a result of the eligibility of the household under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), unless the Secretary determines that any household with income above 130 percent of the poverty guidelines is not eligible for the program”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: “(25) if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— “(A) the rules and procedures to be followed by the State agency to determine food stamp benefits; “(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and “(C) a description of the method by which the State agency will carry out a quality control system under section 16(c).”. (c) Conforming Amendments.— (1) Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017), as amended by section 830, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) through (1) as subsections (i) through (k), respectively. SEC. 855. STUDY OF THE USE OF FOOD STAMPS TO PURCHASE VITAMINS AND MINERALS. (a) In general.— The Secretary of Agriculture, in consultation with the National Academy of Sciences and the Center for Disease Control and Prevention, shall conduct a study on the use of food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase vitamins and minerals. (b) Analysis.— The study shall include— (1) an analysis of scientific findings on the efficacy of and need for vitamins and minerals, including— (A) the adequacy of vitamin and mineral intakes in low-income populations, as shown by research and surveys conducted prior to the study; and (B) the potential value of nutritional supplements in filling nutrient gaps that may exist in the United States population as a whole or in vulnerable subgroups in the population; (2) the impact of nutritional improvements (including vitamin or mineral supplementation) on the health status and health care costs of women of childbearing age, pregnant or lactating women, and the elderly; (3) the cost of commercially available vitamin and mineral supplements; (4) the purchasing habits of low-income populations with regard to vitamins and minerals; (5) the impact of using food stamps to purchase vitamins and minerals on the food purchases of low-income households; and (6) the economic impact on the production of agricultural commodities of using food stamps to purchase vitamins and minerals. (7) Report.— Not later than December 15, 1998, the Secretary 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. SEC. 856. DEFICIT REDUCTION. It is the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from this title shall not be taken into account for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902). Subtitle B— Commodity Distribution Programs SEC. 871. EMERGENCY FOOD ASSISTANCE PROGRAM. (a) Definitions.— Section 201A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 201A. DEFINITIONS. ‘In this Act: “(1) Additional commodities.— The term ‘additional commodities’ means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. “(2) Average monthly number of unemployed persons.— The term ‘average monthly number of unemployed persons’ means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. “(3) Eligible recipient agency.— The term ‘eligible recipient agency’ means a public or nonprofit organization that— “(A) administers— “(i) an emergency feeding organization; “(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; “(iii) a summer camp for children, or a child nutrition program providing food service; “(iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or “(v) a disaster relief program; “(B) has been designated by the appropriate State agency, or by the Secretary; and “(C) has been approved by the Secretary for participation in the program established under this Act. “(4) Emergency feeding organization.— The term ‘emergency feeding organization’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. “(5) Food bank.— The term ‘food bank’ means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. “(6) Food pantry.— The term ‘food pantry’ means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. “(7) Poverty line.— The term ‘poverty line’ has the meaning provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). “(8) Soup kitchen.— The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. “(9) Total value of additional commodities.— The term ‘total value of additional commodities’ means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). “(10) Value of additional commodities allocated to each state.— The term ‘value of additional commodities allocated to each State’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).”. (b) State Plan.— Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 202A. STATE PLAN. “(a) In General.— To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. “(b) Requirements.— Each plan shall— “(1) designate the State agency responsible for distributing the commodities received under this Act; “(2) set forth a plan of operation and administration to expeditiously distribute commodities under this Act; “(3) set forth the standards of eligibility for recipient agencies; and “(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— “(A) individuals or households to be comprised of needy persons; and “(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. “(c) State Advisory Board.— The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.”. (c) Authorization of Appropriations for Administrative Funds.— Section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence, by striking “for State and local” and all that follows through “under this title” and inserting “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources”; and (2) by striking the fourth sentence. (d) Delivery of Commodities.— Section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) by striking subsections (a) through (e) and (j); (2) by redesignating subsections (f) through (i) as subsections (a) through (d), respectively; (3) in subsection (b), as redesignated by paragraph (2)— (A) in the first sentence, by striking “subsection (f) or subsection (j) if applicable,” and inserting “subsection (a),”; and (B) in the second sentence, by striking “subsection (f)” and inserting “subsection (a)”; (4) by striking subsection (c), as redesignated by paragraph (2), and inserting the following: “(c) Administration.— “(1) In general.— Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. “(2) Entitlement.— Each State shall be entitled to receive the value of additional commodities determined under subsection (a).”; and (5) in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”. (e) Technical Amendments.— The Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”; (2) in section 204(a), by striking “title” each place it appears and inserting “Act”; (3) in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and (4) by striking section 212. (f) Report on EFAP.— Section 1571 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 612c note) is repealed. (g) Availability of Commodities Under the Food Stamp Program.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), as amended by section 854(a), is amended by adding at the end the following: “SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM. “(a) Purchase of Commodities.— From amounts made available to carry out this Act, for each of fiscal years 1997 through 2002, the Secretary shall purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), and distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note). “(b) Basis for Commodity Purchases.— In purchasing commodities under subsection (a), the Secretary shall, to the extent practicable and appropriate, make purchases based on— “(1) agricultural market conditions; “(2) preferences and needs of States and distributing agencies; and “(3) preferences of recipients.”. (h) 7 USC 612c note. Effective Date.— The amendments made by subsection (d) shall become effective on October 1, 1996. SEC. 872. FOOD BANK DEMONSTRATION PROJECT. Section 3 of the Charitable Assistance and Food Bank Act of 1987 (Public Law 100–232; 7 U.S.C. 612c note) is repealed. SEC. 873. HUNGER PREVENTION PROGRAMS. The Hunger Prevention Act of 1988 (Public Law 100–435; 7 U.S.C. 612c note) is amended— (1) by striking section 110; (2) by striking subtitle C of title II; and (3) by striking section 502. SEC. 874. REPORT ON ENTITLEMENT COMMODITY PROCESSING. Section 1773 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 612c note) is amended by striking subsection (f). Subtitle C— Electronic Benefit Transfer Systems SEC. 891. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended— (1) by striking “(d) In the event that” and inserting “(d) Applicability to Service Providers Other Than Certain Financial Institutions.— “(1) In general.— If’; and (2) by adding at the end the following: “(2) State and local government electronic benefit transfer systems.— “(A) Definition of electronic benefit transfer system.— In this paragraph, the term ‘electronic benefit transfer system’— “(i) means a system under which a government agency distributes needs-tested benefits by establishing accounts that may be accessed by recipients electronically, such as through automated teller machines or point-of-sale terminals; and “(ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency. “(B) Exemption generally.— The disclosures, protections, responsibilities, and remedies established under this title, and any regulation prescribed or order issued by the Board in accordance with this title, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government. “(C) Exception for direct deposit into recipient’s account.— Subparagraph (B) shall not apply with respect to any electronic funds transfer under an electronic benefit transfer system for a deposit directly into a consumer account held by the recipient of the benefit. “(D) Rule of construction.— No provision of this paragraph— “(i) affects or alters the protections otherwise applicable with respect to benefits established by any other provision Federal, State, or local law; or “(ii) otherwise supersedes the application of any State or local law.”.

82. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 838 · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(9)

       Pub. L. 104–193, § 838, in subpar. (A), substituted “7 days” for “five days”

    2. Redesignated · 7 U.S.C. § 2020(e)(9)

       Pub. L. 104–193, § 838, in subpar. (A), redesignated subpar. (C) as (B)

    3. Struck · 7 U.S.C. § 2020(e)(9)

       Pub. L. 104–193, § 838, in subpar. (A), struck out former subpar. (B) which read as follows: “provide coupons no later than five days after the date of application to any household in which all members are homeless individuals and that meets the income and resource criteria for coupons under this chapter;”

    4. Redesignated · 7 U.S.C. § 2020(e)(9)

       Pub. L. 104–193, § 838, in subpar. (A), redesignated subpar. (D) as (C)

    5. Substituted · 7 U.S.C. § 2020(e)(9)

       Pub. L. 104–193, § 838, in subpar. (A), substituted “or (B)” for “, (B), or (C)”

    Source evidence

    Code amendment note
    Subsec. (e)(9). Pub. L. 104–193, § 838, in subpar. (A), substituted “7 days” for “five days”, redesignated subpar. (C) as (B), substituted “7 days” for “five days”, and struck out former subpar. (B) which read as follows: “provide coupons no later than five days after the date of application to any household in which all members are homeless individuals and that meets the income and resource criteria for coupons under this chapter;”, and redesignated subpar. (D) as (C) and substituted “or (B)” for “, (B), or (C)”.

    Enacted provision · exact public law section
    SEC. 838. EXPEDITED COUPON SERVICE. Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) in subparagraph (A), by striking “five days” and inserting “7 days”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C); (4) in subparagraph (B), as redesignated by paragraph (3), by striking “five days” and inserting “7 days”; and (5) in subparagraph (C), as redesignated by paragraph (3), by striking (B), or (C)” and inserting “or (B)”.

83. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 839 · 110 Stat. 2105

    Inserted · 7 U.S.C. § 2020(e)(10)

    Pub. L. 104–193, § 839, inserted before semicolon at end a period and “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”

    Source evidence

    Code amendment note
    Subsec. (e)(10). Pub. L. 104–193, § 839, inserted before semicolon at end a period and “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”.

    Enacted provision · exact public law section
    SEC. 839. WITHDRAWING FAIR HEARING REQUESTS. Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(10)) is amended by inserting before the semicolon at the end a period and the following: “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is Notice. an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”.

84. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(C) · 110 Stat. 2105

    1. Redesignated · 7 U.S.C. § 2020(e)(14)

       Pub. L. 104–193, § 835(1)(C), (D)(i), redesignated par. (15) as (14)

    2. Struck · 7 U.S.C. § 2020(e)(14)

       Pub. L. 104–193, § 835(1)(C), (D)(i), struck out former par. (14) which read as follows: “that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet;”

    Source evidence

    Code amendment note
    Subsec. (e)(14). Pub. L. 104–193, § 835(1)(C), (D)(i), redesignated par. (15) as (14) and struck out former par. (14) which read as follows: “that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet;”.

    Enacted provision · exact public law section
    (C) by striking paragraphs (14) and (25);

85. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(D)(i) · 110 Stat. 2105

    Redesignated · 7 U.S.C. § 2020(e)(15)(17)

    Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14)

    Source evidence

    Code amendment note
    Subsec. (e)(15) to (17). Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14).

    Enacted provision · exact public law section
    (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and

86. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 840 · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(18)

       Pub. L. 104–193, § 840, substituted “at the option of the State agency, that information may be” for “that information is”

    2. Substituted · 7 U.S.C. § 2020(e)(18)

       Pub. L. 104–193, § 840, substituted “may be requested” for “shall be requested”

    Source evidence

    Code amendment note
    Subsec. (e)(18). Pub. L. 104–193, § 840, substituted “at the option of the State agency, that information may be” for “that information is” and “may be requested” for “shall be requested”.

    Enacted provision · exact public law section
    SEC. 840. INCOME, ELIGIBH.ITY, AND IMMIGRATION STATUS VERIFICATION SYSTEMS. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended— (1) in subsection (e)(18), as redesignated by section 835(1)(D)— (A) by striking “that information is” and inserting “at the option of the State agency, that information may be”; and (B) by striking “shall be requested” and inserting “may be requested”; and (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”.

87. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(D)(i) · 110 Stat. 2105

    Redesignated · 7 U.S.C. § 2020(e)(18)

    Pub. L. 104–193, § 835(1)(D)(i), redesignated par. (19) as (18). Former par. (18) redesignated (17)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 835(1)(D)(i), redesignated par. (19) as (18). Former par. (18) redesignated (17).

    Enacted provision · exact public law section
    (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and

88. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(D)(i) · 110 Stat. 2105

    Redesignated · 7 U.S.C. § 2020(e)(19)(22)

    Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (20) to (23) as (19) to (22), respectively. Former par. (19) redesignated (18)

    Source evidence

    Code amendment note
    Subsec. (e)(19) to (22). Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (20) to (23) as (19) to (22), respectively. Former par. (19) redesignated (18).

    Enacted provision · exact public law section
    (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and

89. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title VIII · 110 Stat. 2105

    1. Redesignated · 7 U.S.C. § 2020(e)(23)

       Pub. L. 104–193, §§ 819(b)(1), 835(1)(D)(i), redesignated par. (24) as (23)

    2. Redesignated · 7 U.S.C. § 2020(e)(23)

       Pub. L. 104–193, §§ 819(b)(1), 835(1)(D)(i), struck out “and” at end. Former par. (23) redesignated (22)

    Source evidence

    Code amendment note
    Subsec. (e)(23). Pub. L. 104–193, §§ 819(b)(1), 835(1)(D)(i), redesignated par. (24) as (23) and struck out “and” at end. Former par. (23) redesignated (22).

    Enacted provision · exact public law
    TITLE VIII— FOOD STAMPS AND COMMODITY DISTRIBUTION Subtitle A— Food Stamp Program SEC. 801. DEFINITION OF CERTIFICATION PERIOD. Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 2012(c)) is amended by striking “Except as provided” and all that follows and inserting the following: “The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months.”. SEC. 802. DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking “or type of certificate” and inserting “type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number,”. SEC. 803. TREATMENT OF CHILDREN LIVING AT HOME. The second sentence of section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended by striking “(who are not themselves parents living with their children or married and living with their spouses)”. SEC. 804. ADJUSTMENT OF THRIFTY FOOD PLAN. The second sentence of section 3(o) of the Food Stamp Act of 1977 (7 U.S.C. 2012(o)) is amended— (1) by striking “shall (1) make” and inserting the following: “shall— “(1) make”; (2) by striking “scale, (2) make” and inserting the following: “scale; “(2) make”; (3) by striking “Alaska, (3) make” and inserting the following: “Alaska; “(3) make”; and (4) by striking “Columbia, (4) through” and all that follows through the end of the subsection and inserting the following: “Columbia; and “(4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in effect on September 30, 1996.”. SEC. 805. DEFINITION OF HOMELESS INDIVIDUAL. Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2012(s)(2)(C)) is amended by inserting “for not more than 90 days” after “temporary accommodation”. 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”. 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”. SEC. 808. ENERGY ASSISTANCE. (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,”. (b) Conforming Amendments.— Section 5(k) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)) is amended— (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,”; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) a payment or allowance described in subsection (d)(11);”; and (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.”. SEC. 809. DEDUCTIONS FROM INCOME. (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.”. (b) Conforming Amendment.— Section 11(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(3)) is amended by striking “. Under rules prescribed” and all that follows through “verifies higher expenses”. 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.”. 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. 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.”. SEC. 813. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended— (1) in clause (i), by striking “six months” and inserting “1 year”; and (2) in clause (ii), by striking “1 year” and inserting “2 years”. SEC. 814. DISQUALIFICATION OF CONVICTED INDIVIDUALS. Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)(iii)) is amended— (1) in subclause (II), by striking “or” at the end; (2) in subclause (III), by striking the period at the end and inserting or”; and (3) by inserting after subclause (III) the following: “(IV) a conviction of an offense under subsection (b) or (c) of section 15 involving an item covered by subsection (b) or (c) of section 15 having a value of $500 or more.”. SEC. 815. DISQUALIFICATION. (a) In General.— Section 6(d) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)) is amended by striking “(d)(1) Unless otherwise exempted by the provisions” and all that follows through the end of paragraph (1) and inserting the following: “(d) Conditions of Participation.— “(1) Work requirements.— “(A) In general.— No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food stamp program if the individual— “(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; “(ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency; “(iii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— “(I) the applicable Federal or State minimum wage; or “(II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; “(iv) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; “(v) voluntarily and without good cause— “(I) quits a job; or “(II) reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or “(vi) fails to comply with section 20. “(B) Household ineligibility.— If an individual who is the head of a household becomes ineligible to participate in the food stamp program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the food stamp program for a period, determined by the State agency, that does not exceed the lesser of— “(i) the duration of the ineligibility of the individual determined under subparagraph (C); or “(ii) 180 days. “(C) Duration of ineligibility.— “(i) First violation.— The first time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 1 month after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 3 months after the date the individual became ineligible. “(ii) Second violation.— The second time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 3 months after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 6 months after the date the individual became ineligible. “(iii) Third or subsequent violation.— The third or subsequent time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 6 months after the date the individual became ineligible; “(III) a date determined by the State agency; or “(IV) at the option of the State agency, permanently. “(D) Administration.— “(i) Good cause.— The Secretary shall determine the meaning of good cause for the purpose of this paragraph. “(ii) Voluntary quit.— The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph. “(iii) Determination by state agency.— “(I) In general.— Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine— “(aa) the meaning of any term used in subparagraph (A); “(bb) the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and “(cc) whether an individual is in compliance with a requirement under subparagraph (A). “(II) Not less restrictive.— A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this Act than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). “(iv) Strike against the government.— For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. “(v) Selecting a head of household.— “(I) In general.— For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the food stamp program agree to the selection. “(II) Time for making designation.— A household may designate the head of the household under subclause (I) each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household. “(vi) Change in head of household.— If the head of a household leaves the household during a period in which the household is ineligible to participate in the food stamp program under subparagraph (B)— “(I) the household shall, if otherwise eligible, become eligible to participate in the food stamp program; and “(II) if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the food stamp program for the remaining period of ineligibility.”. (b) Conforming Amendment.— (1) The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “6(d)(1)(i)” and inserting “6(d)(1)(A)(i)”. (2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C. 2029) is amended by striking subsection (f) and inserting the following: “(f) Disqualification.— An individual or a household may become ineligible under section 6(d)(1) to participate in the food stamp program for failing to comply with this section.”. SEC. 816. CARETAKER EXEMPTION. Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)) is amended by adding at the end the following: “A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the of a dependent child that qualifies a parent or other member age of a dependent child that qualities a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.”. SEC. 817. EMPLOYMENT AND TRAINING. (a) In General.— Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended— (1) by striking “(4)(A) Not later than April 1, 1987, each” and inserting the following: “(4) Employment and training.— “(A) In general.— “(i) Implementation.— Each”; (2) in subparagraph (A)— (A) by inserting “work,” after “skills, training,”; and (B) by adding at the end the following: “(ii) Statewide workforce development system.— Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system.”; (3) in subparagraph (B)— (A) in the matter preceding clause (i), by striking the colon at the end and inserting the following: “, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application:”; (B) in clause (i), by striking “with terms and conditions” and all that follows through “time of application”; and (C) in clause (iv)— (i) by striking subclauses (I) and (II); and (ii) by redesignating subclauses (III) and (IV) as subclauses (I) and (II), respectively; (4) in subparagraph (D)— (A) in clause (i), by striking “to which the application” and all that follows through “30 days or less”; (B) in clause (ii), by striking “but with respect” and all that follows through “child care”; and (C) in clause (iii), by striking “, on the basis of’ and all that follows through “clause (ii)” and inserting “the exemption continues to be valid”; (5) in subparagraph (E), by striking the third sentence; (6) in subparagraph (G)— (A) by striking “(G)(i) The State” and inserting “(G) The State”; and (B) by striking clause (ii); (7) in subparagraph (H), by striking “(H)(i) The Secretary” and all that follows through “(ii) Federal funds” and inserting “(H) Federal funds”; (8) in subparagraph (I)(i)(II), by striking “, or was in operation,” and all that follows through “Social Security Act” and inserting the following: “), except that no such payment or reimbursement shall exceed the applicable local market rate”; (9) (A) by striking subparagraphs (K) and (L) and inserting the following: “(K) Limitation on funding.— Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title TV of the Act (42 U.S.C. 601 et seq.).”; and (B) by redesignating subparagraphs (M) and (N) as subparagraphs (L) and (M), respectively; and (10) in subparagraph (L), as so redesignated— (A) by striking “(L)(i) The Secretary” and inserting “(L) The Secretary”; and (B) by striking clause (ii). (b) Funding.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking “(h)(1)(A) The Secretary” and all that follows through the end of paragraph (1) and inserting the following: “(h) Funding of Employment and Training Programs.— “(1) In general.— “(A) Amounts.— To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies from funds made available for each fiscal year under section 18(a)(1) the amount of— “(i) for fiscal year 1996, $75,000,000; “(ii) for fiscal year 1997, $79,000,000; “(iii) for fiscal year 1998, $81,000,000; “(iv) for fiscal year 1999, $84,000,000; “(v) for fiscal year 2000, $86,000,000; “(vi) for fiscal year 2001, $88,000,000; and “(vii) for fiscal year 2002, $90,000,000. “(B) Allocation.— The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula (as determined by the Secretary) that gives consideration to the population in each State affected by section 6(o). “(C) Reallocation.— “(i) Notification.— A State agency shall promptly notify the Secretary if the State agency determines that the State agency will not expend all of the funds allocated to the State agency under subparagraph (B). “(ii) Reallocation.— On notification under clause (i), the Secretary shall reallocate the funds that the State agency will not expend as the Secretary considers appropriate and equitable. “(D) Minimum allocation.— Notwithstanding subparagraphs (A) through (C), the Secretary shall ensure that each State agency operating an employment and train-ing program shall receive not less than $50,000 for each fiscal year.”. (c) Additional Matching Funds.— Section 16(h)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by inserting before the period at the end the following: “, including the costs for case management and casework to facilitate the transition from economic dependency to self-sufficiency through work”. (d) Reports.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended— (1) in paragraph (5)— (A) by striking “(5)(A) The Secretary” and inserting “(5) The Secretary”; and (B) by striking subparagraph (B); and (2) by striking paragraph (6). SEC. 818. FOOD STAMP ELIGIBILITY. The third sentence of section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is amended by inserting “, at State option,” after “less”. SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by adding at the end the following: “(i) Comparable Treatment for Disqualification.— “(1) In general.— If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the food stamp program. “(2) Rules and procedures.— If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the food stamp program. “(3) Application after disqualification period.— A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this Act and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended— (1) in paragraph (24), by striking “and” at the end; (2) in paragraph (25), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(26) the guidelines the State agency uses in carrying out section 6(i); and”. (c) Conforming Amendment.— Section 6(d)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking “that is comparable to a requirement of paragraph (1)”. SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP BENEFITS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 819, is amended by adding at the end the following: “(j) Disqualification for Receipt of Multiple Food Stamp Benefits.— An individual shall be ineligible to participate in the food stamp program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program.”. SEC. 821. DISQUALIFICATION OF FLEEING FELONS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 820, is amended by adding at the end the following: “(k) Disqualification of Fleeing Felons.— No member of a household who is otherwise eligible to participate in the food stamp program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is— “(1) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or “(2) violating a condition of probation or parole imposed under a Federal or State law.”. SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 821, is amended by adding at the end the following: “(l) Custodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as ‘the individual’) who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the food stamp program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in obtaining support for— “(i) the child; or “(ii) the individual and the child. “(2) Good cause for noncooperation.— Paragraph (1) Regulations. shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child. “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(m) Noncustodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as ‘the individual’) shall not be eligible to participate in the food stamp program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in providing support for the child. “(2) Refusal to cooperate.— “(A) Guidelines.— The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). “(B) Procedures.— The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(4) Privacy.— The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected”. SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 822, is amended by adding at the end the following: “(n) Disqualification for Child Support Arrears.— “(1) In general.— At the option of a State agency, no individual shall be eligible to participate in the food stamp program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. “(2) Exceptions.— Paragraph (1) shall not apply if— “(A) a court is allowing the individual to delay payment; or “(B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual.”. SEC. 824. WORK REQUIREMENT. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 823, is amended by adding at the end the following: “(o) Work Requirement.— “(1) Definition of work program.— In this subsection, the term “work program’ means— “(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); “(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and “(C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a job search program or a job search training program. “(2) Work requirement.— Subject to the other provisions of this subsection, no individual shall be eligible to participate in the food stamp program as a member of any household if, during the preceding 36-month period, the individual received food stamp benefits for not less than 3 months (consecutive or otherwise) during which the individual did not— “(A) work 20 hours or more per week, averaged monthly; “(B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; “(C) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or “(D) receive benefits pursuant to paragraph (3), (4), or (5). “(3) Exception.— Paragraph (2) shall not apply to an individual if the individual is— “(A) under 18 or over 50 years of age; “(B) medically certified as physically or mentally unfit for employment; “(C) a parent or other member of a household with responsibility for a dependent child; “(D) otherwise exempt under subsection (d)(2); or “(E) a pregnant woman. “(4) Waiver.— “(A) In general.— On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside— “(i) has an unemployment rate of over 10 percent; or “(ii) does not have a sufficient number of jobs to provide employment for the individuals. “(B) Report.— The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. “(5) Subsequent eligibility.— “(A) Regaining eligibility.— An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the food stamp program if, during a 30-day period, the individual— “(i) works 80 or more hours; “(ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or “(iii) participates in and complies with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State. “(B) Maintaining eligibility.— An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(C) Loss of employment.— “(i) In general.— An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(ii) Limitation.— An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period. “(6) Other program rules.— Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”. (b) 7 USC 2015 note. Transition Provision.— The term “preceding 36-month period” in section 6(o) of the Food Stamp Act of 1977, as added by subsection (a), does not include, with respect to a State, any period before the earlier of— (1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or (2) the date that is 3 months after the date of enactment of this Act. SEC. 825. ENCOURAGEMENT OF ELECTRONIC BENEFIT TRANSFER SYSTEMS. (a) In General.— Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended— (1) by striking “(i)(I)(A) Any State” and all that follows through the end of paragraph (1) and inserting the following: “(i) Electronic Benefit Transfers.— “(1) In general.— “(A) Implementation.— Not later than October 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 8(a) or 26 are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. “(B) Timely implementation.— Each State agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable. “(C) State flexibility.— Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. “(D) Operation.— An electronic benefit transfer system should take into account generally accepted standard operating rules based on— “(i) commercial electronic funds transfer technology; “(ii) the need to permit interstate operation and law enforcement monitoring; and “(iii) the need to permit monitoring and investigations by authorized law enforcement agencies.”; (2) in paragraph (2)— (A) by striking “effective no later than April 1, 1992,”; (B) in subparagraph (A)— (i) by striking “, in any 1 year,”; and (ii) by striking “on-line”; (C) by striking subparagraph (D) and inserting the following: “(D) (i) measures to maximize the security of a system using the most recent technology available that the State agency considers appropriate and cost effective and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and “(ii) effective not later than 2 years after the date Effective date. of enactment of this clause, to the extent practicable, measures that permit a system to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment;”; (D) in subparagraph (G), by striking “and” at the end; (E) in subparagraph (H), by striking the period at the end and inserting “; and”; and (F) by adding at the end the following: “(I) procurement standards.”; and (3) by adding at the end the following: “(7) Replacement of benefits.— Regulations issued by Regulations. the Secretary regarding the replacement of benefits and liability for replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paper-based food stamp issuance system. “(8) Replacement card fee.— A State agency may collect a charge for replacement of an electronic benefit transfer card by reducing the monthly allotment of the household receiving the replacement card. “(9) Optional photographic identification.— “(A) In general.— A State agency may require that an electronic benefit card contain a photograph of 1 or more members of a household. “(B) Other authorized users.— If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. “(10) Applicable law.— Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) shall not apply to benefits under this Act delivered through any electronic benefit transfer system. “(11) Application of anti-tying restrictions to electronic benefit transfer systems.— “(A) Definitions.— In this paragraph: “(i) Affiliate.— The term ‘affiliate’ has the meaning provided the term in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). “(ii) Company.— The term ‘company’ has the meaning provided the term in section 106(a) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 1971), but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. “(iii) Electronic benefit transfer service.— The term ‘electronic benefit transfer service’ means the processing of electronic transfers of household benefits, determined under section 8(a) or 26, if the benefits are— “(I) issued from and stored in a central databank; “(II) electronically accessed by household members at the point of sale; and “(III) provided by a Federal or State government. “(iv) Point-of-sale service.— The term ‘point-of-sale service’ means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems. “(B) Restrictions.— A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer— “(i) obtain some additional point-of-sale service from the company or an affiliate of the company; or “(ii) not obtain some additional point-of-sale service from a competitor of the company or competitor of any affiliate of the company. “(C) Consultation with the federal reserve board.— Before promulgating regulations or interpretations of regulations to carry out this paragraph, the Secretary shall consult with the Board of Governors of the Federal Reserve System.”. (b) Sense of Congress.— It is the sense of Congress that a State that operates an electronic benefit transfer system under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) should operate the system in a manner that is compatible with electronic benefit transfer systems operated by other States. SEC. 826. VALUE OF MINIMUM ALLOTMENT. The proviso in section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a)) is amended by striking “, and shall be adjusted” and all that follows through “$5”. SEC. 827. BENEFITS ON RECERTIFICATION. Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)(2)(B)) is amended by striking “of more than one month”. SEC. 828. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS. Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)) is amended by striking paragraph (3) and inserting the following: “(3) Optional combined allotment for expedited households.— A State agency may provide to an eligible house-hold applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the household for the following month, an allotment that is equal to the total amount of the initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 11(e)(3) in the case of a household that is not entitled to expedited service and in accordance with paragraphs (3) and (9) of section 11(e) in the case of a household that is entitled to expedited service.”. SEC. 829. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by striking subsection (d) and inserting the following: “(d) Reduction of Public Assistance Benefits.— “(1) In general.— If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction— “(A) the household may not receive an increased allotment as the result of a decrease in the income of the household to the extent that the decrease is the result of the reduction; and “(B) the State agency may reduce the allotment of the household by not more than 25 percent. “(2) Rules and procedures.— If the allotment of a household is reduced under this subsection for a failure to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to reduce the allotment under the rood stamp program.”. SEC. 830. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: “(f) Allotments for Households Residing in Centers.— “(1) In general.— In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in the last sentence of section 3(i), a State agency may provide an allotment for the individual to— “(A) the center as an authorized representative of the individual for a period that is less than 1 month; and “(B) the individual, if the individual leaves the center. “(2) Direct payment.— A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment.”. SEC. 831. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: “No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate.”. SEC. 832. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is amended by adding at the end the following: “(3) Authorization periods.— The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program.”. SEC. 833. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended— (1) in the first sentence, by inserting “, which may include relevant income and sales tax filing documents,” after “submit information”; and (2) by inserting after the first sentence the following: “The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.”. SEC. 834. WATTING PERIOD FOR STORES THAT FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: “A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.”. SEC. 835. OPERATION OF FOOD STAMP OFFICES. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020), as amended by sections 809(b) and 819(b), is amended— (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: “(2) (A) that the State agency shall establish procedures Regulations. governing the operation of food stamp offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English. “(B) In carrying out subparagraph (A), a State agency— “(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the food stamp program; “(ii) shall develop an application containing the information necessary to comply with this Act; “(iii) shall permit an applicant household to apply to participate in the program on the same day that the house-hold first contacts a food stamp office in person during office hours; “(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application; “(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that— “(I) the information contained in the application is true; and “(II) all members of the household are citizens or are aliens eligible to receive food stamps under section 6(f); “(vi) shall provide a method of certifying and issuing coupons to eligible homeless individuals, to ensure that participation in the food stamp program is limited to eligible households; and “(vii) may establish operating procedures that vary for local food stamp offices to reflect regional and local differences within the State. “(C) Nothing in this Act shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency’s application system that does not rely exclusively on the collection and retention of paper applications or other records. “(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;”; (B) in paragraph (3)— (i) by striking “shall—” and all that follows through “provide each” and inserting “shall provide each”; and (ii) by striking “(B) assist” and all that follows through “representative of the State agency;”; (C) by striking paragraphs (14) and (25); (D) (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and (ii) by redesignating paragraph (26), as paragraph (24); and (2) in subsection (i)— (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and (B) by striking “; (3) households” and all that follows through “title IV of the Social Security Act. No” and inserting a period and the following: “(2) Denial and termination.— Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no”. SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS. Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amended— (1) by striking “that (A) the” and inserting “that— “(A) the”; (2) by striking “Act; (B) the” and inserting “Act; and “(B) the”; (3) in subparagraph (B), by striking “United States Civil Service Commission” and inserting “Office of Personnel Management”; and (4) by striking subparagraphs (C) through (E). SEC. 837. EXCHANGE OF LAW ENFORCEMENT INFORMATION. Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended— (1) by striking “that (A) such” and inserting the following: “that— “(A) the”; (2) by striking “law, (B) notwithstanding” and inserting the following: “law; “(B) notwithstanding”; (3) by striking “Act, and (C) such” and inserting the following: “Act; “(C) the”; and (4) by adding at the end the following: “(D) notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any member of a household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that— “(i) the member— “(I) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under Federal or State law; or “(II) has information that is necessary for the officer to conduct an official duty related to subclause (I); “(ii) locating or apprehending the member is an official duty; and “(iii) the request is being made in the proper exercise of an official duty; and “(E) the safeguards shall not prevent compliance with paragraph (16);”. SEC. 838. EXPEDITED COUPON SERVICE. Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) in subparagraph (A), by striking “five days” and inserting “7 days”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C); (4) in subparagraph (B), as redesignated by paragraph (3), by striking “five days” and inserting “7 days”; and (5) in subparagraph (C), as redesignated by paragraph (3), by striking (B), or (C)” and inserting “or (B)”. SEC. 839. WITHDRAWING FAIR HEARING REQUESTS. Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(10)) is amended by inserting before the semicolon at the end a period and the following: “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is Notice. an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”. SEC. 840. INCOME, ELIGIBH.ITY, AND IMMIGRATION STATUS VERIFICATION SYSTEMS. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended— (1) in subsection (e)(18), as redesignated by section 835(1)(D)— (A) by striking “that information is” and inserting “at the option of the State agency, that information may be”; and (B) by striking “shall be requested” and inserting “may be requested”; and (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”. SEC. 841. INVESTIGATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: “Regulations issued Regulations. pursuant to this Act shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.”. SEC. 842. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) for a reasonable period of time to be determined by the Secretary, including permanent disqualification, on the knowing submission of an application for the approval or reauthorization to accept and redeem coupons that contains false information about a substantive matter that was a part of the application.”. SEC. 843. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: “(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.— “(1) Regulations. In general.— The Secretary shall issue regulations providing criteria for the disqualification under this Act of an approved retail food store or a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). “(2) Terms.— A disqualification under paragraph (1)— “(A) shall be for the same length of time as the disqualification from the program referred to in paragraph (1); “(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and “(C) notwithstanding section 14, shall not be subject to judicial or administrative review.”. SEC. 844. COLLECTION OF OVERISSUANCES. (a) Collection of Overissuances.— Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended— (1) by striking subsection (b) and inserting the following: “(b) Collection of Overissuances.— “(1) In general.— Except as otherwise provided in this subsection, a State agency shall collect any overissuance of coupons issued to a household by— “(A) reducing the allotment of the household; “(B) withholding amounts from unemployment compensation from a member of the household under subsection (c); “(C) recovering from Federal pay or a Federal income tax refund under subsection (d); or “(D) any other means. “(2) Cost effectiveness.— Paragraph (1) shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph (1) are not cost effective. “(3) Maximum reduction absent fraud.— If a household received an overissuance of coupons without any member of the household being found ineligible to participate in the program under section 6(b)(1) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— “(A) 10 percent of the monthly allotment of the household; or “(B) $10. “(4) Procedures.— A State agency shall collect an overissuance of coupons issued to a household under paragraph (1) in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment.”; and (2) in subsection (d)— (A) by striking “as determined under subsection (b) and except for claims arising from an error of the State agency,” and inserting “, as determined under subsection (b)(1),”; and (B) by inserting before the period at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (b) Conforming Amendments.— Section 11(e)(8)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended— (1) by striking “and excluding claims” and all that follows through “such section”; and (2) by inserting before the semicolon at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (c) Retention Rate.— The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking “25 percent during the period beginning October 1, 1990” and all that follows through “section 13(b)(2) which arise” and inserting “35 percent of the value of all funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) and 20 percent of the value of any other funds or allotments recovered or collected, except the value of funds or allotments recovered or collected that arise”. SEC. 845. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM REQUIREMENTS PENDING ADMINISTRATIVE AND JUDICIAL REVIEW. Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by redesignating the first through seventeenth sentences as paragraphs (1) through (17), respectively; and (2) by adding at the end the following: “(18) Suspension of stores pending review.— Notwithstanding Effective date. any other provision of this subsection, any permanent disqualification of a retail food store or wholesale food concern under paragraph (3) or (4) of section 12(b) shall be effective from the date of receipt of the notice of disqualification. If the disqualification is reversed through administrative or judicial review, the Secretary shall not be liable for the value of any sales lost during the disqualification period.”. SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.— The first sentence of section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking “or intended to be furnished”. (b) Criminal Forfeiture.— Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended by adding at the end the following: “(h) Criminal Forfeiture.— “(1) In general.— In imposing a sentence on a person convicted of an offense in violation of subsection (b) or (c), a court shall order, in addition to any other sentence imposed under this section, that the person forfeit to the United States all property described in paragraph (2). “(2) Property subject to forfeiture.— All property, real and personal, used in a transaction or attempted transaction, to commit, or to facilitate the commission of, a violation (other than a misdemeanor) of subsection (b) or (c), or proceeds traceable to a violation of subsection (b) or (c), shall be subject to forfeiture to the United States under paragraph (1). “(3) Interest of owner.— No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner. “(4) Proceeds.— The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used— “(A) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding; “(B) second, to reimburse the Department of Agriculture Office of Inspector General for any costs the Office incurred in the law enforcement effort resulting in the forfeiture; “(C) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and “(D) fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under section 9.”. SEC. 847. LIMITATION ON FEDERAL MATCH. Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)(4)) is amended by inserting after the comma at the end the following: “but not including recruitment activities,”. SEC. 848. STANDARDS FOR ADMINISTRATION. (a) In General.— Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by striking subsection (b). (b) Conforming Amendments.— (1) The first sentence of section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by striking “the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) or”. (2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(c)(1)(B)) is amended by striking “pursuant to subsection (b)”. SEC. 849. WORK SUPPLEMENTATION OR SUPPORT PROGRAM. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025), as amended by section 848(a), is amended by inserting after subsection (a) the following: “(b) Work Supplementation or Support Program.— “(1) Definition of work supplementation or support program.— In this subsection, the term ‘work supplementation or support program’ means a program under which, as determined by the Secretary, public assistance (including any benefits provided under a program established by the State and the food stamp program) is provided to an employer to be used for hiring and employing a public assistance recipient who was not employed by the employer at the time the public assistance recipient entered the program. “(2) Program.— A State agency may elect to use an amount equal to the allotment that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, for the purpose of subsidizing or supporting a job under a work supplementation or support program established by the State. “(3) Procedure.— If a State agency makes an election under paragraph (2) and identifies each household that participates in the food stamp program that contains an individual who is participating in the work supplementation or support program— “(A) the Secretary shall pay to the State agency an amount equal to the value of the allotment that the household would be eligible to receive but for the operation of this subsection; “(B) the State agency shall expend the amount received under subparagraph (A) in accordance with the work supplementation or support program in lieu of providing the allotment that the household would receive but for the operation of this subsection; “(C) for purposes of— “(i) sections 5 and 8(a), the amount received under this subsection shall be excluded from household income and resources; and “(ii) section 8(b), the amount received under this subsection shall be considered to be the value of an allotment provided to the household; and “(D) the household shall not receive an allotment from the State agency for the period during which the member continues to participate in the work supplementation or support program. “(4) Other work requirements.— No individual shall be excused, by reason of the fact that a State has a work supplementation or support program, from any work requirement under section 6(d), except during the periods in which the individual is employed under the work supplementation or support program. “(5) Length of participation.— A State agency shall provide a description of how the public assistance recipients in the program shall, within a specific period of time, be moved from supplemented or supported employment to employment that is not supplemented or supported. “(6) Displacement.— A work supplementation or support program shall not displace the employment of individuals who are not supplemented or supported.”. SEC. 850. WAIVER AUTHORITY. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) in subparagraph (A)— (A) in the first sentence, by striking “benefits to eligible households, including” and inserting the following: “benefits to eligible households, and may waive any requirement of this Act to the extent necessary for the project to be conducted. “(B) Project requirements.— “(i) Program goal.— The Secretary may not conduct a project under subparagraph (A) unless— “(I) the project is consistent with the goal of the food stamp program of providing food assistance to raise levels of nutrition among low-income individuals; and “(II) the project includes an evaluation to determine the effects of the project. “(ii) Permissible projects.— The Secretary may conduct a project under subparagraph (A) to— “(I) improve program administration; “(II) increase the self-sufficiency of food stamp recipients; “(III) test innovative welfare reform strategies; or “(IV) allow greater conformity with the rules of other programs than would be allowed but for this paragraph. “(iii) Restrictions on permissible projects.— If the Secretary finds that a project under subparagraph (A) would reduce benefits by more than 20 percent for more than 5 percent of households in the area subject to the project (not including any household whose benefits are reduced due to a failure to comply with work or other conduct requirements), the project— “(I) may not include more than 15 percent of the State’s food stamp households; and “(II) shall continue for not more than 5 years after the date of implementation, unless the Secretary approves an extension requested by the State agency at any time. “(iv) Impermissible projects.— The Secretary may not conduct a project under subparagraph (A) that— “(I) involves the payment of the value of an allotment in the form of cash, unless the project was approved prior to the date of enactment of this subparagraph; “(II) has the effect of substantially transferring funds made available under this Act to services or benefits provided primarily through another public assistance program, or using the funds for any purpose other than the purchase of food, program administration, or an employment or training program; “(III) is inconsistent with— “(aa) the last 2 sentences of section 3(i); “(bb) the last sentence of section 5(a), insofar as a waiver denies assistance to an otherwise eligible household or individual if the household or individual has not failed to comply with any work, behavioral, or other conduct requirement under this or another program; “(cc) section 5(c)(2); “(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section 6(d); “(ee) section 8(b); “(ff) section 11(e)(2)(B); “(gg) the time standard under section 11(e)(3); “(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of section 16; “(ii) this paragraph; or “(jj) subsection (a)(1) or (g)(1) of section 20; “(IV) modifies the operation of section 5 so as to have the effect of— “(aa) increasing the shelter deduction to households with no out-of-pocket housing costs or housing costs that consume a low percentage of the household’s income; or “(bb) absolving a State from acting with reasonable promptness on substantial reported changes in income or household size (except that this subclause shall not apply with regard to changes related to food stamp deductions); “(V) is not limited to a specific time period; or “(VI) waives a provision of section 26. “(v) Additional included projects.— A pilot or experimental project may include”; (B) by striking “to aid to families with dependent children under part A of title IV of the Social Security Act” and inserting “are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”; and (C) by striking “coupons. The Secretary” and all that follows through “Any pilot” and inserting the following: “coupons. “(vi) Cash payment pilot projects.— Any pilot”. SEC. 851. RESPONSE TO WAIVERS. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)), as amended by section 850, is amended by adding at the end the following: “(D) Response to waivers.— “(i) Response.— Not later than 60 days after the date of receiving a request for a waiver under subparagraph (A), the Secretary shall provide a response that— “(I) approves the waiver request; “(II) denies the waiver request and describes any modification needed for approval of the waiver request; “(III) denies the waiver request and describes the grounds for the denial; or “(IV) requests clarification of the waiver request. “(ii) Failure to respond.— If the Secretary does not provide a response in accordance with clause (i), the waiver shall be considered approved, unless the approval is specifically prohibited by this Act. “(iii) Notice of denial.— On denial of a waiver request under clause (i)(III), the Secretary shall provide a copy of the waiver request and a description of the reasons for the denial to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”. SEC. 852. EMPLOYMENT INITIATIVES PROGRAM. Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by striking subsection (d) and inserting the following: “(d) Employment Initiatives Program.— “(1) Election to participate.— “(A) In general.— Subject to the other provisions of this subsection, a State may elect to carry out an employment initiatives program under this subsection. “(B) Requirement.— A State shall be eligible to carry out an employment initiatives program under this subsection only if not less than 50 percent of the households in the State that received food stamp benefits during the summer of 1993 also received benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) during the summer of 1993. “(2) Procedure.— “(A) In general.— A State that has elected to carry out an employment initiatives program under paragraph (1) may use amounts equal to the food stamp allotments that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, to provide cash benefits in lieu of the food stamp allotments to the household if the household is eligible under paragraph (3). “(B) Payment.— The Secretary shall pay to each State that has elected to carry out an employment initiatives program under paragraph (1) an amount equal to the value of the allotment that each household participating in the program in the State would be eligible to receive under this Act but for the operation of this subsection. “(C) Other provisions.— For purposes of the food stamp program (other than this subsection)— “(i) cash assistance under this subsection shall be considered to be an allotment; and “(ii) each household receiving cash benefits under this subsection shall not receive any other food stamp benefit during the period for which the cash assistance is provided. “(D) Additional payments.— Each State that has elected to carry out an employment initiatives program under paragraph (1) shall— “(i) increase the cash benefits provided to each household participating in the program in the State under this subsection to compensate for any State or local sales tax that may be collected on purchases of food by the household, unless the Secretary determines on the basis of information provided by the State that the increase is unnecessary on the basis of the limited nature of the items subject to the State or local sales tax; and “(ii) pay the cost of any increase in cash benefits required by clause (i). “(3) Eligibility.— A household shall be eligible to receive cash benefits under paragraph (2) if an adult member of the household— “(A) has worked in unsubsidized employment for not less than the preceding 90 days; “(B) has earned not less than $350 per month from the employment referred to in subparagraph (A) for not less than the preceding 90 days; “(C) (i) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or “(ii) was receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at the time the member first received cash benefits under this subsection and is no longer eligible for the State program because of earned income; “(D) is continuing to earn not less than $350 per month from the employment referred to in subparagraph (A); and “(E) elects to receive cash benefits in lieu of food stamp benefits under this subsection. “(4) Evaluation.— A State that operates a program under this subsection for 2 years shall provide to the Secretary a written evaluation of the impact of cash assistance under this subsection. The State agency, with the concurrence of the Secretary, shall determine the content of the evaluation.”. SEC. 853. REAUTHORIZATION. The first sentence of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking “1991 through 1997” and inserting “1996 through 2002”. SEC. 854. SIMPLIFIED FOOD STAMP PROGRAM. (a) In General.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: “SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM. “(a) Definition of Federal Costs.— In this section, the term ‘Federal costs’ does not include any Federal costs incurred under section 17. “(b) Election.— Subject to subsection (d), a State may elect to carry out a Simplified Food Stamp Program (referred to in this section as a ‘Program’), statewide or in a political subdivision of the State, in accordance with this section. “(c) Operation of Program.— If a State elects to carry out a Program, within the State or a political subdivision of the State— “(1) a household in which no members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may not participate in the Program; “(2) a household in which all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall automatically be eligible to participate in the Program; “(3) if approved by the Secretary, a household in which 1 or more members but not all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may be eligible to participate in the Program; and “(4) subject to subsection (f), benefits under the Program shall be determined under rules and procedures established by the State under— “(A) a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); “(B) the food stamp program; or “(C) a combination of a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and the food stamp program. “(d) Approval of Program.— “(1) State plan.— A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2). “(2) Approval of plan.— The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan— “(A) complies with this section; and “(B) contains sufficient documentation that the plan will not increase Federal costs for any fiscal year. “(e) Increased Federal Costs.— “(1) Determination.— “(A) In general.— The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this Act. “(B) No excluded households.— In making a determination under subparagraph (A), the Secretary shall not require the State agency to collect or report any information on households not included in the Program. “(C) Alternative accounting periods.— The Secretary may approve the request of a State agency to apply alternative accounting periods to determine if Federal costs do not exceed the Federal costs had the State agency not elected to carry out the Program. “(2) Notification.— If the Secretary determines that the Program has increased Federal costs under this Act for any fiscal year or any portion of any fiscal year, the Secretary shall notify the State not later than 30 days after the Secretary makes the determination under paragraph (1). “(3) Enforcement.— “(A) Corrective action.— Not later than 90 days after the date of a notification under paragraph (2), the State shall submit a plan for approval by the Secretary for prompt corrective action that is designed to prevent the Program from increasing Federal costs under this Act. “(B) Termination.— If the State does not submit a plan under subparagraph (A) or carry out a plan approved by the Secretary, the Secretary shall terminate the approval of the State agency operating the Program and the State agency shall be ineligible to operate a future Program. “(f) Rules and Procedures.— “(1) In general.— In operating a Program, a State or political subdivision of a State may follow the rules and procedures established by the State or political subdivision under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under the food stamp program. “(2) Standardized deductions.— In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 5(e). In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households. “(3) Requirements.— In operating a Program, a State or political subdivision shall comply with the requirements of— “(A) subsections (a) through (g) of section 7; “(B) section 8(a) (except that the income of a household may be determined under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); “(C) subsection (b) and (d) of section 8; “(D) subsections (a), (c), (d), and (n) of section 11; “(E) paragraphs (8), (12), (16), (18), (20), (24), and (25) of section 11(e); “(F) section 11(e)(10) (or a comparable requirement established by the State under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and “(G) section 16. “(4) Limitation on eligibility.— Notwithstanding any other provision of this section, a household may not receive benefits under this section as a result of the eligibility of the household under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), unless the Secretary determines that any household with income above 130 percent of the poverty guidelines is not eligible for the program”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: “(25) if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— “(A) the rules and procedures to be followed by the State agency to determine food stamp benefits; “(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and “(C) a description of the method by which the State agency will carry out a quality control system under section 16(c).”. (c) Conforming Amendments.— (1) Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017), as amended by section 830, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) through (1) as subsections (i) through (k), respectively. SEC. 855. STUDY OF THE USE OF FOOD STAMPS TO PURCHASE VITAMINS AND MINERALS. (a) In general.— The Secretary of Agriculture, in consultation with the National Academy of Sciences and the Center for Disease Control and Prevention, shall conduct a study on the use of food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase vitamins and minerals. (b) Analysis.— The study shall include— (1) an analysis of scientific findings on the efficacy of and need for vitamins and minerals, including— (A) the adequacy of vitamin and mineral intakes in low-income populations, as shown by research and surveys conducted prior to the study; and (B) the potential value of nutritional supplements in filling nutrient gaps that may exist in the United States population as a whole or in vulnerable subgroups in the population; (2) the impact of nutritional improvements (including vitamin or mineral supplementation) on the health status and health care costs of women of childbearing age, pregnant or lactating women, and the elderly; (3) the cost of commercially available vitamin and mineral supplements; (4) the purchasing habits of low-income populations with regard to vitamins and minerals; (5) the impact of using food stamps to purchase vitamins and minerals on the food purchases of low-income households; and (6) the economic impact on the production of agricultural commodities of using food stamps to purchase vitamins and minerals. (7) Report.— Not later than December 15, 1998, the Secretary 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. SEC. 856. DEFICIT REDUCTION. It is the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from this title shall not be taken into account for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902). Subtitle B— Commodity Distribution Programs SEC. 871. EMERGENCY FOOD ASSISTANCE PROGRAM. (a) Definitions.— Section 201A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 201A. DEFINITIONS. ‘In this Act: “(1) Additional commodities.— The term ‘additional commodities’ means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. “(2) Average monthly number of unemployed persons.— The term ‘average monthly number of unemployed persons’ means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. “(3) Eligible recipient agency.— The term ‘eligible recipient agency’ means a public or nonprofit organization that— “(A) administers— “(i) an emergency feeding organization; “(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; “(iii) a summer camp for children, or a child nutrition program providing food service; “(iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or “(v) a disaster relief program; “(B) has been designated by the appropriate State agency, or by the Secretary; and “(C) has been approved by the Secretary for participation in the program established under this Act. “(4) Emergency feeding organization.— The term ‘emergency feeding organization’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. “(5) Food bank.— The term ‘food bank’ means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. “(6) Food pantry.— The term ‘food pantry’ means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. “(7) Poverty line.— The term ‘poverty line’ has the meaning provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). “(8) Soup kitchen.— The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. “(9) Total value of additional commodities.— The term ‘total value of additional commodities’ means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). “(10) Value of additional commodities allocated to each state.— The term ‘value of additional commodities allocated to each State’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).”. (b) State Plan.— Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 202A. STATE PLAN. “(a) In General.— To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. “(b) Requirements.— Each plan shall— “(1) designate the State agency responsible for distributing the commodities received under this Act; “(2) set forth a plan of operation and administration to expeditiously distribute commodities under this Act; “(3) set forth the standards of eligibility for recipient agencies; and “(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— “(A) individuals or households to be comprised of needy persons; and “(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. “(c) State Advisory Board.— The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.”. (c) Authorization of Appropriations for Administrative Funds.— Section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence, by striking “for State and local” and all that follows through “under this title” and inserting “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources”; and (2) by striking the fourth sentence. (d) Delivery of Commodities.— Section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) by striking subsections (a) through (e) and (j); (2) by redesignating subsections (f) through (i) as subsections (a) through (d), respectively; (3) in subsection (b), as redesignated by paragraph (2)— (A) in the first sentence, by striking “subsection (f) or subsection (j) if applicable,” and inserting “subsection (a),”; and (B) in the second sentence, by striking “subsection (f)” and inserting “subsection (a)”; (4) by striking subsection (c), as redesignated by paragraph (2), and inserting the following: “(c) Administration.— “(1) In general.— Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. “(2) Entitlement.— Each State shall be entitled to receive the value of additional commodities determined under subsection (a).”; and (5) in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”. (e) Technical Amendments.— The Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”; (2) in section 204(a), by striking “title” each place it appears and inserting “Act”; (3) in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and (4) by striking section 212. (f) Report on EFAP.— Section 1571 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 612c note) is repealed. (g) Availability of Commodities Under the Food Stamp Program.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), as amended by section 854(a), is amended by adding at the end the following: “SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM. “(a) Purchase of Commodities.— From amounts made available to carry out this Act, for each of fiscal years 1997 through 2002, the Secretary shall purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), and distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note). “(b) Basis for Commodity Purchases.— In purchasing commodities under subsection (a), the Secretary shall, to the extent practicable and appropriate, make purchases based on— “(1) agricultural market conditions; “(2) preferences and needs of States and distributing agencies; and “(3) preferences of recipients.”. (h) 7 USC 612c note. Effective Date.— The amendments made by subsection (d) shall become effective on October 1, 1996. SEC. 872. FOOD BANK DEMONSTRATION PROJECT. Section 3 of the Charitable Assistance and Food Bank Act of 1987 (Public Law 100–232; 7 U.S.C. 612c note) is repealed. SEC. 873. HUNGER PREVENTION PROGRAMS. The Hunger Prevention Act of 1988 (Public Law 100–435; 7 U.S.C. 612c note) is amended— (1) by striking section 110; (2) by striking subtitle C of title II; and (3) by striking section 502. SEC. 874. REPORT ON ENTITLEMENT COMMODITY PROCESSING. Section 1773 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 612c note) is amended by striking subsection (f). Subtitle C— Electronic Benefit Transfer Systems SEC. 891. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended— (1) by striking “(d) In the event that” and inserting “(d) Applicability to Service Providers Other Than Certain Financial Institutions.— “(1) In general.— If’; and (2) by adding at the end the following: “(2) State and local government electronic benefit transfer systems.— “(A) Definition of electronic benefit transfer system.— In this paragraph, the term ‘electronic benefit transfer system’— “(i) means a system under which a government agency distributes needs-tested benefits by establishing accounts that may be accessed by recipients electronically, such as through automated teller machines or point-of-sale terminals; and “(ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency. “(B) Exemption generally.— The disclosures, protections, responsibilities, and remedies established under this title, and any regulation prescribed or order issued by the Board in accordance with this title, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government. “(C) Exception for direct deposit into recipient’s account.— Subparagraph (B) shall not apply with respect to any electronic funds transfer under an electronic benefit transfer system for a deposit directly into a consumer account held by the recipient of the benefit. “(D) Rule of construction.— No provision of this paragraph— “(i) affects or alters the protections otherwise applicable with respect to benefits established by any other provision Federal, State, or local law; or “(ii) otherwise supersedes the application of any State or local law.”.

90. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(D)(ii) · 110 Stat. 2105

    Redesignated · 7 U.S.C. § 2020(e)(24)

    Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24). Former par. (24) redesignated (23)

    Source evidence

    Code amendment note
    Subsec. (e)(24). Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24). Former par. (24) redesignated (23).

    Enacted provision · exact public law section
    (ii) by redesignating paragraph (26), as paragraph (24); and

91. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 854(b) · 110 Stat. 2105

    Added · 7 U.S.C. § 2020(e)(25)

    Pub. L. 104–193, § 854(b), added par. (25)

    Source evidence

    Code amendment note
    Subsec. (e)(25). Pub. L. 104–193, § 854(b), added par. (25).

    Enacted provision · exact public law section
    (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: “(25) if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— “(A) the rules and procedures to be followed by the State agency to determine food stamp benefits; “(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and “(C) a description of the method by which the State agency will carry out a quality control system under section 16(c).”.

92. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title VIII · 110 Stat. 2105

    1. Substituted · 7 U.S.C. § 2020(e)(25)

       Pub. L. 104–193, §§ 819(b)(2), 835(1)(C), substituted semicolon for concluding period

    2. Struck · 7 U.S.C. § 2020(e)(25)

       Pub. L. 104–193, §§ 819(b)(2), 835(1)(C), struck out par. (25) which read as follows: “a procedure for designating project areas or parts of project areas that are rural and in which low-income persons face substantial difficulties in obtaining transportation. The State agency shall designate the areas according to procedures approved by the Secretary. In each area so designated, the State agency shall provide for the issuance of coupons by mail to all eligible households in the area, except that any household with mail losses exceeding levels established by the Secretary shall not be entitled to such a mailing and the State agency shall not be required to issue coupons by mail in those localities within such area where the mail loss rates exceed standards set by the Secretary.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, §§ 819(b)(2), 835(1)(C), substituted semicolon for concluding period and struck out par. (25) which read as follows: “a procedure for designating project areas or parts of project areas that are rural and in which low-income persons face substantial difficulties in obtaining transportation. The State agency shall designate the areas according to procedures approved by the Secretary. In each area so designated, the State agency shall provide for the issuance of coupons by mail to all eligible households in the area, except that any household with mail losses exceeding levels established by the Secretary shall not be entitled to such a mailing and the State agency shall not be required to issue coupons by mail in those localities within such area where the mail loss rates exceed standards set by the Secretary.”

    Enacted provision · exact public law
    TITLE VIII— FOOD STAMPS AND COMMODITY DISTRIBUTION Subtitle A— Food Stamp Program SEC. 801. DEFINITION OF CERTIFICATION PERIOD. Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 2012(c)) is amended by striking “Except as provided” and all that follows and inserting the following: “The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months.”. SEC. 802. DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking “or type of certificate” and inserting “type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number,”. SEC. 803. TREATMENT OF CHILDREN LIVING AT HOME. The second sentence of section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 2012(i)) is amended by striking “(who are not themselves parents living with their children or married and living with their spouses)”. SEC. 804. ADJUSTMENT OF THRIFTY FOOD PLAN. The second sentence of section 3(o) of the Food Stamp Act of 1977 (7 U.S.C. 2012(o)) is amended— (1) by striking “shall (1) make” and inserting the following: “shall— “(1) make”; (2) by striking “scale, (2) make” and inserting the following: “scale; “(2) make”; (3) by striking “Alaska, (3) make” and inserting the following: “Alaska; “(3) make”; and (4) by striking “Columbia, (4) through” and all that follows through the end of the subsection and inserting the following: “Columbia; and “(4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in effect on September 30, 1996.”. SEC. 805. DEFINITION OF HOMELESS INDIVIDUAL. Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2012(s)(2)(C)) is amended by inserting “for not more than 90 days” after “temporary accommodation”. 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”. 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”. SEC. 808. ENERGY ASSISTANCE. (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,”. (b) Conforming Amendments.— Section 5(k) of the Food Stamp Act of 1977 (7 U.S.C. 2014(k)) is amended— (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,”; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) a payment or allowance described in subsection (d)(11);”; and (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.”. SEC. 809. DEDUCTIONS FROM INCOME. (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.”. (b) Conforming Amendment.— Section 11(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(3)) is amended by striking “. Under rules prescribed” and all that follows through “verifies higher expenses”. 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.”. 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. 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.”. SEC. 813. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended— (1) in clause (i), by striking “six months” and inserting “1 year”; and (2) in clause (ii), by striking “1 year” and inserting “2 years”. SEC. 814. DISQUALIFICATION OF CONVICTED INDIVIDUALS. Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)(iii)) is amended— (1) in subclause (II), by striking “or” at the end; (2) in subclause (III), by striking the period at the end and inserting or”; and (3) by inserting after subclause (III) the following: “(IV) a conviction of an offense under subsection (b) or (c) of section 15 involving an item covered by subsection (b) or (c) of section 15 having a value of $500 or more.”. SEC. 815. DISQUALIFICATION. (a) In General.— Section 6(d) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)) is amended by striking “(d)(1) Unless otherwise exempted by the provisions” and all that follows through the end of paragraph (1) and inserting the following: “(d) Conditions of Participation.— “(1) Work requirements.— “(A) In general.— No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food stamp program if the individual— “(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; “(ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency; “(iii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— “(I) the applicable Federal or State minimum wage; or “(II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment; “(iv) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; “(v) voluntarily and without good cause— “(I) quits a job; or “(II) reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or “(vi) fails to comply with section 20. “(B) Household ineligibility.— If an individual who is the head of a household becomes ineligible to participate in the food stamp program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the food stamp program for a period, determined by the State agency, that does not exceed the lesser of— “(i) the duration of the ineligibility of the individual determined under subparagraph (C); or “(ii) 180 days. “(C) Duration of ineligibility.— “(i) First violation.— The first time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 1 month after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 3 months after the date the individual became ineligible. “(ii) Second violation.— The second time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 3 months after the date the individual became ineligible; or “(III) a date determined by the State agency that is not later than 6 months after the date the individual became ineligible. “(iii) Third or subsequent violation.— The third or subsequent time that an individual becomes ineligible to participate in the food stamp program under subparagraph (A), the individual shall remain ineligible until the later of— “(I) the date the individual becomes eligible under subparagraph (A); “(II) the date that is 6 months after the date the individual became ineligible; “(III) a date determined by the State agency; or “(IV) at the option of the State agency, permanently. “(D) Administration.— “(i) Good cause.— The Secretary shall determine the meaning of good cause for the purpose of this paragraph. “(ii) Voluntary quit.— The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph. “(iii) Determination by state agency.— “(I) In general.— Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine— “(aa) the meaning of any term used in subparagraph (A); “(bb) the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and “(cc) whether an individual is in compliance with a requirement under subparagraph (A). “(II) Not less restrictive.— A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this Act than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). “(iv) Strike against the government.— For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. “(v) Selecting a head of household.— “(I) In general.— For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the food stamp program agree to the selection. “(II) Time for making designation.— A household may designate the head of the household under subclause (I) each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household. “(vi) Change in head of household.— If the head of a household leaves the household during a period in which the household is ineligible to participate in the food stamp program under subparagraph (B)— “(I) the household shall, if otherwise eligible, become eligible to participate in the food stamp program; and “(II) if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the food stamp program for the remaining period of ineligibility.”. (b) Conforming Amendment.— (1) The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “6(d)(1)(i)” and inserting “6(d)(1)(A)(i)”. (2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C. 2029) is amended by striking subsection (f) and inserting the following: “(f) Disqualification.— An individual or a household may become ineligible under section 6(d)(1) to participate in the food stamp program for failing to comply with this section.”. SEC. 816. CARETAKER EXEMPTION. Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)) is amended by adding at the end the following: “A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, may, for a period of not more than 3 years, lower the of a dependent child that qualifies a parent or other member age of a dependent child that qualities a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.”. SEC. 817. EMPLOYMENT AND TRAINING. (a) In General.— Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended— (1) by striking “(4)(A) Not later than April 1, 1987, each” and inserting the following: “(4) Employment and training.— “(A) In general.— “(i) Implementation.— Each”; (2) in subparagraph (A)— (A) by inserting “work,” after “skills, training,”; and (B) by adding at the end the following: “(ii) Statewide workforce development system.— Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system.”; (3) in subparagraph (B)— (A) in the matter preceding clause (i), by striking the colon at the end and inserting the following: “, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application:”; (B) in clause (i), by striking “with terms and conditions” and all that follows through “time of application”; and (C) in clause (iv)— (i) by striking subclauses (I) and (II); and (ii) by redesignating subclauses (III) and (IV) as subclauses (I) and (II), respectively; (4) in subparagraph (D)— (A) in clause (i), by striking “to which the application” and all that follows through “30 days or less”; (B) in clause (ii), by striking “but with respect” and all that follows through “child care”; and (C) in clause (iii), by striking “, on the basis of’ and all that follows through “clause (ii)” and inserting “the exemption continues to be valid”; (5) in subparagraph (E), by striking the third sentence; (6) in subparagraph (G)— (A) by striking “(G)(i) The State” and inserting “(G) The State”; and (B) by striking clause (ii); (7) in subparagraph (H), by striking “(H)(i) The Secretary” and all that follows through “(ii) Federal funds” and inserting “(H) Federal funds”; (8) in subparagraph (I)(i)(II), by striking “, or was in operation,” and all that follows through “Social Security Act” and inserting the following: “), except that no such payment or reimbursement shall exceed the applicable local market rate”; (9) (A) by striking subparagraphs (K) and (L) and inserting the following: “(K) Limitation on funding.— Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title TV of the Act (42 U.S.C. 601 et seq.).”; and (B) by redesignating subparagraphs (M) and (N) as subparagraphs (L) and (M), respectively; and (10) in subparagraph (L), as so redesignated— (A) by striking “(L)(i) The Secretary” and inserting “(L) The Secretary”; and (B) by striking clause (ii). (b) Funding.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking “(h)(1)(A) The Secretary” and all that follows through the end of paragraph (1) and inserting the following: “(h) Funding of Employment and Training Programs.— “(1) In general.— “(A) Amounts.— To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies from funds made available for each fiscal year under section 18(a)(1) the amount of— “(i) for fiscal year 1996, $75,000,000; “(ii) for fiscal year 1997, $79,000,000; “(iii) for fiscal year 1998, $81,000,000; “(iv) for fiscal year 1999, $84,000,000; “(v) for fiscal year 2000, $86,000,000; “(vi) for fiscal year 2001, $88,000,000; and “(vii) for fiscal year 2002, $90,000,000. “(B) Allocation.— The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula (as determined by the Secretary) that gives consideration to the population in each State affected by section 6(o). “(C) Reallocation.— “(i) Notification.— A State agency shall promptly notify the Secretary if the State agency determines that the State agency will not expend all of the funds allocated to the State agency under subparagraph (B). “(ii) Reallocation.— On notification under clause (i), the Secretary shall reallocate the funds that the State agency will not expend as the Secretary considers appropriate and equitable. “(D) Minimum allocation.— Notwithstanding subparagraphs (A) through (C), the Secretary shall ensure that each State agency operating an employment and train-ing program shall receive not less than $50,000 for each fiscal year.”. (c) Additional Matching Funds.— Section 16(h)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by inserting before the period at the end the following: “, including the costs for case management and casework to facilitate the transition from economic dependency to self-sufficiency through work”. (d) Reports.— Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended— (1) in paragraph (5)— (A) by striking “(5)(A) The Secretary” and inserting “(5) The Secretary”; and (B) by striking subparagraph (B); and (2) by striking paragraph (6). SEC. 818. FOOD STAMP ELIGIBILITY. The third sentence of section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is amended by inserting “, at State option,” after “less”. SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by adding at the end the following: “(i) Comparable Treatment for Disqualification.— “(1) In general.— If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the food stamp program. “(2) Rules and procedures.— If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the food stamp program. “(3) Application after disqualification period.— A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this Act and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended— (1) in paragraph (24), by striking “and” at the end; (2) in paragraph (25), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(26) the guidelines the State agency uses in carrying out section 6(i); and”. (c) Conforming Amendment.— Section 6(d)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking “that is comparable to a requirement of paragraph (1)”. SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP BENEFITS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 819, is amended by adding at the end the following: “(j) Disqualification for Receipt of Multiple Food Stamp Benefits.— An individual shall be ineligible to participate in the food stamp program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program.”. SEC. 821. DISQUALIFICATION OF FLEEING FELONS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 820, is amended by adding at the end the following: “(k) Disqualification of Fleeing Felons.— No member of a household who is otherwise eligible to participate in the food stamp program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is— “(1) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or “(2) violating a condition of probation or parole imposed under a Federal or State law.”. SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 821, is amended by adding at the end the following: “(l) Custodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as ‘the individual’) who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the food stamp program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in obtaining support for— “(i) the child; or “(ii) the individual and the child. “(2) Good cause for noncooperation.— Paragraph (1) Regulations. shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child. “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(m) Noncustodial Parent’s Cooperation With Child Support Agencies.— “(1) In general.— At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as ‘the individual’) shall not be eligible to participate in the food stamp program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— “(A) in establishing the paternity of the child (if the child is born out of wedlock); and “(B) in providing support for the child. “(2) Refusal to cooperate.— “(A) Guidelines.— The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). “(B) Procedures.— The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). “(3) Fees.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). “(4) Privacy.— The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected”. SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 822, is amended by adding at the end the following: “(n) Disqualification for Child Support Arrears.— “(1) In general.— At the option of a State agency, no individual shall be eligible to participate in the food stamp program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. “(2) Exceptions.— Paragraph (1) shall not apply if— “(A) a court is allowing the individual to delay payment; or “(B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual.”. SEC. 824. WORK REQUIREMENT. (a) In General.— Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 823, is amended by adding at the end the following: “(o) Work Requirement.— “(1) Definition of work program.— In this subsection, the term “work program’ means— “(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); “(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and “(C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a job search program or a job search training program. “(2) Work requirement.— Subject to the other provisions of this subsection, no individual shall be eligible to participate in the food stamp program as a member of any household if, during the preceding 36-month period, the individual received food stamp benefits for not less than 3 months (consecutive or otherwise) during which the individual did not— “(A) work 20 hours or more per week, averaged monthly; “(B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; “(C) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or “(D) receive benefits pursuant to paragraph (3), (4), or (5). “(3) Exception.— Paragraph (2) shall not apply to an individual if the individual is— “(A) under 18 or over 50 years of age; “(B) medically certified as physically or mentally unfit for employment; “(C) a parent or other member of a household with responsibility for a dependent child; “(D) otherwise exempt under subsection (d)(2); or “(E) a pregnant woman. “(4) Waiver.— “(A) In general.— On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside— “(i) has an unemployment rate of over 10 percent; or “(ii) does not have a sufficient number of jobs to provide employment for the individuals. “(B) Report.— The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. “(5) Subsequent eligibility.— “(A) Regaining eligibility.— An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the food stamp program if, during a 30-day period, the individual— “(i) works 80 or more hours; “(ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or “(iii) participates in and complies with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State. “(B) Maintaining eligibility.— An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(C) Loss of employment.— “(i) In general.— An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). “(ii) Limitation.— An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period. “(6) Other program rules.— Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”. (b) 7 USC 2015 note. Transition Provision.— The term “preceding 36-month period” in section 6(o) of the Food Stamp Act of 1977, as added by subsection (a), does not include, with respect to a State, any period before the earlier of— (1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or (2) the date that is 3 months after the date of enactment of this Act. SEC. 825. ENCOURAGEMENT OF ELECTRONIC BENEFIT TRANSFER SYSTEMS. (a) In General.— Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended— (1) by striking “(i)(I)(A) Any State” and all that follows through the end of paragraph (1) and inserting the following: “(i) Electronic Benefit Transfers.— “(1) In general.— “(A) Implementation.— Not later than October 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 8(a) or 26 are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. “(B) Timely implementation.— Each State agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable. “(C) State flexibility.— Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. “(D) Operation.— An electronic benefit transfer system should take into account generally accepted standard operating rules based on— “(i) commercial electronic funds transfer technology; “(ii) the need to permit interstate operation and law enforcement monitoring; and “(iii) the need to permit monitoring and investigations by authorized law enforcement agencies.”; (2) in paragraph (2)— (A) by striking “effective no later than April 1, 1992,”; (B) in subparagraph (A)— (i) by striking “, in any 1 year,”; and (ii) by striking “on-line”; (C) by striking subparagraph (D) and inserting the following: “(D) (i) measures to maximize the security of a system using the most recent technology available that the State agency considers appropriate and cost effective and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and “(ii) effective not later than 2 years after the date Effective date. of enactment of this clause, to the extent practicable, measures that permit a system to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment;”; (D) in subparagraph (G), by striking “and” at the end; (E) in subparagraph (H), by striking the period at the end and inserting “; and”; and (F) by adding at the end the following: “(I) procurement standards.”; and (3) by adding at the end the following: “(7) Replacement of benefits.— Regulations issued by Regulations. the Secretary regarding the replacement of benefits and liability for replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paper-based food stamp issuance system. “(8) Replacement card fee.— A State agency may collect a charge for replacement of an electronic benefit transfer card by reducing the monthly allotment of the household receiving the replacement card. “(9) Optional photographic identification.— “(A) In general.— A State agency may require that an electronic benefit card contain a photograph of 1 or more members of a household. “(B) Other authorized users.— If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. “(10) Applicable law.— Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) shall not apply to benefits under this Act delivered through any electronic benefit transfer system. “(11) Application of anti-tying restrictions to electronic benefit transfer systems.— “(A) Definitions.— In this paragraph: “(i) Affiliate.— The term ‘affiliate’ has the meaning provided the term in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). “(ii) Company.— The term ‘company’ has the meaning provided the term in section 106(a) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 1971), but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. “(iii) Electronic benefit transfer service.— The term ‘electronic benefit transfer service’ means the processing of electronic transfers of household benefits, determined under section 8(a) or 26, if the benefits are— “(I) issued from and stored in a central databank; “(II) electronically accessed by household members at the point of sale; and “(III) provided by a Federal or State government. “(iv) Point-of-sale service.— The term ‘point-of-sale service’ means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems. “(B) Restrictions.— A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer— “(i) obtain some additional point-of-sale service from the company or an affiliate of the company; or “(ii) not obtain some additional point-of-sale service from a competitor of the company or competitor of any affiliate of the company. “(C) Consultation with the federal reserve board.— Before promulgating regulations or interpretations of regulations to carry out this paragraph, the Secretary shall consult with the Board of Governors of the Federal Reserve System.”. (b) Sense of Congress.— It is the sense of Congress that a State that operates an electronic benefit transfer system under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) should operate the system in a manner that is compatible with electronic benefit transfer systems operated by other States. SEC. 826. VALUE OF MINIMUM ALLOTMENT. The proviso in section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a)) is amended by striking “, and shall be adjusted” and all that follows through “$5”. SEC. 827. BENEFITS ON RECERTIFICATION. Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)(2)(B)) is amended by striking “of more than one month”. SEC. 828. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS. Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)) is amended by striking paragraph (3) and inserting the following: “(3) Optional combined allotment for expedited households.— A State agency may provide to an eligible house-hold applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the household for the following month, an allotment that is equal to the total amount of the initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 11(e)(3) in the case of a household that is not entitled to expedited service and in accordance with paragraphs (3) and (9) of section 11(e) in the case of a household that is entitled to expedited service.”. SEC. 829. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC ASSISTANCE PROGRAMS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by striking subsection (d) and inserting the following: “(d) Reduction of Public Assistance Benefits.— “(1) In general.— If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction— “(A) the household may not receive an increased allotment as the result of a decrease in the income of the household to the extent that the decrease is the result of the reduction; and “(B) the State agency may reduce the allotment of the household by not more than 25 percent. “(2) Rules and procedures.— If the allotment of a household is reduced under this subsection for a failure to perform an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to reduce the allotment under the rood stamp program.”. SEC. 830. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS. Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: “(f) Allotments for Households Residing in Centers.— “(1) In general.— In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in the last sentence of section 3(i), a State agency may provide an allotment for the individual to— “(A) the center as an authorized representative of the individual for a period that is less than 1 month; and “(B) the individual, if the individual leaves the center. “(2) Direct payment.— A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment.”. SEC. 831. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: “No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate.”. SEC. 832. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is amended by adding at the end the following: “(3) Authorization periods.— The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program.”. SEC. 833. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended— (1) in the first sentence, by inserting “, which may include relevant income and sales tax filing documents,” after “submit information”; and (2) by inserting after the first sentence the following: “The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.”. SEC. 834. WATTING PERIOD FOR STORES THAT FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: “A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.”. SEC. 835. OPERATION OF FOOD STAMP OFFICES. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020), as amended by sections 809(b) and 819(b), is amended— (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: “(2) (A) that the State agency shall establish procedures Regulations. governing the operation of food stamp offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English. “(B) In carrying out subparagraph (A), a State agency— “(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the food stamp program; “(ii) shall develop an application containing the information necessary to comply with this Act; “(iii) shall permit an applicant household to apply to participate in the program on the same day that the house-hold first contacts a food stamp office in person during office hours; “(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application; “(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that— “(I) the information contained in the application is true; and “(II) all members of the household are citizens or are aliens eligible to receive food stamps under section 6(f); “(vi) shall provide a method of certifying and issuing coupons to eligible homeless individuals, to ensure that participation in the food stamp program is limited to eligible households; and “(vii) may establish operating procedures that vary for local food stamp offices to reflect regional and local differences within the State. “(C) Nothing in this Act shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency’s application system that does not rely exclusively on the collection and retention of paper applications or other records. “(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;”; (B) in paragraph (3)— (i) by striking “shall—” and all that follows through “provide each” and inserting “shall provide each”; and (ii) by striking “(B) assist” and all that follows through “representative of the State agency;”; (C) by striking paragraphs (14) and (25); (D) (i) by redesignating paragraphs (15) through (24) as paragraphs (14) through (23), respectively; and (ii) by redesignating paragraph (26), as paragraph (24); and (2) in subsection (i)— (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and (B) by striking “; (3) households” and all that follows through “title IV of the Social Security Act. No” and inserting a period and the following: “(2) Denial and termination.— Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no”. SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS. Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amended— (1) by striking “that (A) the” and inserting “that— “(A) the”; (2) by striking “Act; (B) the” and inserting “Act; and “(B) the”; (3) in subparagraph (B), by striking “United States Civil Service Commission” and inserting “Office of Personnel Management”; and (4) by striking subparagraphs (C) through (E). SEC. 837. EXCHANGE OF LAW ENFORCEMENT INFORMATION. Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended— (1) by striking “that (A) such” and inserting the following: “that— “(A) the”; (2) by striking “law, (B) notwithstanding” and inserting the following: “law; “(B) notwithstanding”; (3) by striking “Act, and (C) such” and inserting the following: “Act; “(C) the”; and (4) by adding at the end the following: “(D) notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any member of a household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that— “(i) the member— “(I) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under Federal or State law; or “(II) has information that is necessary for the officer to conduct an official duty related to subclause (I); “(ii) locating or apprehending the member is an official duty; and “(iii) the request is being made in the proper exercise of an official duty; and “(E) the safeguards shall not prevent compliance with paragraph (16);”. SEC. 838. EXPEDITED COUPON SERVICE. Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(9)) is amended— (1) in subparagraph (A), by striking “five days” and inserting “7 days”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C); (4) in subparagraph (B), as redesignated by paragraph (3), by striking “five days” and inserting “7 days”; and (5) in subparagraph (C), as redesignated by paragraph (3), by striking (B), or (C)” and inserting “or (B)”. SEC. 839. WITHDRAWING FAIR HEARING REQUESTS. Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(10)) is amended by inserting before the semicolon at the end a period and the following: “At the option of a State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is Notice. an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing”. SEC. 840. INCOME, ELIGIBH.ITY, AND IMMIGRATION STATUS VERIFICATION SYSTEMS. Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended— (1) in subsection (e)(18), as redesignated by section 835(1)(D)— (A) by striking “that information is” and inserting “at the option of the State agency, that information may be”; and (B) by striking “shall be requested” and inserting “may be requested”; and (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”. SEC. 841. INVESTIGATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: “Regulations issued Regulations. pursuant to this Act shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.”. SEC. 842. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C. 2021(b)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) for a reasonable period of time to be determined by the Secretary, including permanent disqualification, on the knowing submission of an application for the approval or reauthorization to accept and redeem coupons that contains false information about a substantive matter that was a part of the application.”. SEC. 843. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: “(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.— “(1) Regulations. In general.— The Secretary shall issue regulations providing criteria for the disqualification under this Act of an approved retail food store or a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). “(2) Terms.— A disqualification under paragraph (1)— “(A) shall be for the same length of time as the disqualification from the program referred to in paragraph (1); “(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and “(C) notwithstanding section 14, shall not be subject to judicial or administrative review.”. SEC. 844. COLLECTION OF OVERISSUANCES. (a) Collection of Overissuances.— Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended— (1) by striking subsection (b) and inserting the following: “(b) Collection of Overissuances.— “(1) In general.— Except as otherwise provided in this subsection, a State agency shall collect any overissuance of coupons issued to a household by— “(A) reducing the allotment of the household; “(B) withholding amounts from unemployment compensation from a member of the household under subsection (c); “(C) recovering from Federal pay or a Federal income tax refund under subsection (d); or “(D) any other means. “(2) Cost effectiveness.— Paragraph (1) shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph (1) are not cost effective. “(3) Maximum reduction absent fraud.— If a household received an overissuance of coupons without any member of the household being found ineligible to participate in the program under section 6(b)(1) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— “(A) 10 percent of the monthly allotment of the household; or “(B) $10. “(4) Procedures.— A State agency shall collect an overissuance of coupons issued to a household under paragraph (1) in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment.”; and (2) in subsection (d)— (A) by striking “as determined under subsection (b) and except for claims arising from an error of the State agency,” and inserting “, as determined under subsection (b)(1),”; and (B) by inserting before the period at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (b) Conforming Amendments.— Section 11(e)(8)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended— (1) by striking “and excluding claims” and all that follows through “such section”; and (2) by inserting before the semicolon at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. (c) Retention Rate.— The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking “25 percent during the period beginning October 1, 1990” and all that follows through “section 13(b)(2) which arise” and inserting “35 percent of the value of all funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) and 20 percent of the value of any other funds or allotments recovered or collected, except the value of funds or allotments recovered or collected that arise”. SEC. 845. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM REQUIREMENTS PENDING ADMINISTRATIVE AND JUDICIAL REVIEW. Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by redesignating the first through seventeenth sentences as paragraphs (1) through (17), respectively; and (2) by adding at the end the following: “(18) Suspension of stores pending review.— Notwithstanding Effective date. any other provision of this subsection, any permanent disqualification of a retail food store or wholesale food concern under paragraph (3) or (4) of section 12(b) shall be effective from the date of receipt of the notice of disqualification. If the disqualification is reversed through administrative or judicial review, the Secretary shall not be liable for the value of any sales lost during the disqualification period.”. SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.— The first sentence of section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking “or intended to be furnished”. (b) Criminal Forfeiture.— Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended by adding at the end the following: “(h) Criminal Forfeiture.— “(1) In general.— In imposing a sentence on a person convicted of an offense in violation of subsection (b) or (c), a court shall order, in addition to any other sentence imposed under this section, that the person forfeit to the United States all property described in paragraph (2). “(2) Property subject to forfeiture.— All property, real and personal, used in a transaction or attempted transaction, to commit, or to facilitate the commission of, a violation (other than a misdemeanor) of subsection (b) or (c), or proceeds traceable to a violation of subsection (b) or (c), shall be subject to forfeiture to the United States under paragraph (1). “(3) Interest of owner.— No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner. “(4) Proceeds.— The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used— “(A) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding; “(B) second, to reimburse the Department of Agriculture Office of Inspector General for any costs the Office incurred in the law enforcement effort resulting in the forfeiture; “(C) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and “(D) fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under section 9.”. SEC. 847. LIMITATION ON FEDERAL MATCH. Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)(4)) is amended by inserting after the comma at the end the following: “but not including recruitment activities,”. SEC. 848. STANDARDS FOR ADMINISTRATION. (a) In General.— Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by striking subsection (b). (b) Conforming Amendments.— (1) The first sentence of section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by striking “the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) or”. (2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(c)(1)(B)) is amended by striking “pursuant to subsection (b)”. SEC. 849. WORK SUPPLEMENTATION OR SUPPORT PROGRAM. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025), as amended by section 848(a), is amended by inserting after subsection (a) the following: “(b) Work Supplementation or Support Program.— “(1) Definition of work supplementation or support program.— In this subsection, the term ‘work supplementation or support program’ means a program under which, as determined by the Secretary, public assistance (including any benefits provided under a program established by the State and the food stamp program) is provided to an employer to be used for hiring and employing a public assistance recipient who was not employed by the employer at the time the public assistance recipient entered the program. “(2) Program.— A State agency may elect to use an amount equal to the allotment that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, for the purpose of subsidizing or supporting a job under a work supplementation or support program established by the State. “(3) Procedure.— If a State agency makes an election under paragraph (2) and identifies each household that participates in the food stamp program that contains an individual who is participating in the work supplementation or support program— “(A) the Secretary shall pay to the State agency an amount equal to the value of the allotment that the household would be eligible to receive but for the operation of this subsection; “(B) the State agency shall expend the amount received under subparagraph (A) in accordance with the work supplementation or support program in lieu of providing the allotment that the household would receive but for the operation of this subsection; “(C) for purposes of— “(i) sections 5 and 8(a), the amount received under this subsection shall be excluded from household income and resources; and “(ii) section 8(b), the amount received under this subsection shall be considered to be the value of an allotment provided to the household; and “(D) the household shall not receive an allotment from the State agency for the period during which the member continues to participate in the work supplementation or support program. “(4) Other work requirements.— No individual shall be excused, by reason of the fact that a State has a work supplementation or support program, from any work requirement under section 6(d), except during the periods in which the individual is employed under the work supplementation or support program. “(5) Length of participation.— A State agency shall provide a description of how the public assistance recipients in the program shall, within a specific period of time, be moved from supplemented or supported employment to employment that is not supplemented or supported. “(6) Displacement.— A work supplementation or support program shall not displace the employment of individuals who are not supplemented or supported.”. SEC. 850. WAIVER AUTHORITY. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) in subparagraph (A)— (A) in the first sentence, by striking “benefits to eligible households, including” and inserting the following: “benefits to eligible households, and may waive any requirement of this Act to the extent necessary for the project to be conducted. “(B) Project requirements.— “(i) Program goal.— The Secretary may not conduct a project under subparagraph (A) unless— “(I) the project is consistent with the goal of the food stamp program of providing food assistance to raise levels of nutrition among low-income individuals; and “(II) the project includes an evaluation to determine the effects of the project. “(ii) Permissible projects.— The Secretary may conduct a project under subparagraph (A) to— “(I) improve program administration; “(II) increase the self-sufficiency of food stamp recipients; “(III) test innovative welfare reform strategies; or “(IV) allow greater conformity with the rules of other programs than would be allowed but for this paragraph. “(iii) Restrictions on permissible projects.— If the Secretary finds that a project under subparagraph (A) would reduce benefits by more than 20 percent for more than 5 percent of households in the area subject to the project (not including any household whose benefits are reduced due to a failure to comply with work or other conduct requirements), the project— “(I) may not include more than 15 percent of the State’s food stamp households; and “(II) shall continue for not more than 5 years after the date of implementation, unless the Secretary approves an extension requested by the State agency at any time. “(iv) Impermissible projects.— The Secretary may not conduct a project under subparagraph (A) that— “(I) involves the payment of the value of an allotment in the form of cash, unless the project was approved prior to the date of enactment of this subparagraph; “(II) has the effect of substantially transferring funds made available under this Act to services or benefits provided primarily through another public assistance program, or using the funds for any purpose other than the purchase of food, program administration, or an employment or training program; “(III) is inconsistent with— “(aa) the last 2 sentences of section 3(i); “(bb) the last sentence of section 5(a), insofar as a waiver denies assistance to an otherwise eligible household or individual if the household or individual has not failed to comply with any work, behavioral, or other conduct requirement under this or another program; “(cc) section 5(c)(2); “(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section 6(d); “(ee) section 8(b); “(ff) section 11(e)(2)(B); “(gg) the time standard under section 11(e)(3); “(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of section 16; “(ii) this paragraph; or “(jj) subsection (a)(1) or (g)(1) of section 20; “(IV) modifies the operation of section 5 so as to have the effect of— “(aa) increasing the shelter deduction to households with no out-of-pocket housing costs or housing costs that consume a low percentage of the household’s income; or “(bb) absolving a State from acting with reasonable promptness on substantial reported changes in income or household size (except that this subclause shall not apply with regard to changes related to food stamp deductions); “(V) is not limited to a specific time period; or “(VI) waives a provision of section 26. “(v) Additional included projects.— A pilot or experimental project may include”; (B) by striking “to aid to families with dependent children under part A of title IV of the Social Security Act” and inserting “are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”; and (C) by striking “coupons. The Secretary” and all that follows through “Any pilot” and inserting the following: “coupons. “(vi) Cash payment pilot projects.— Any pilot”. SEC. 851. RESPONSE TO WAIVERS. Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)), as amended by section 850, is amended by adding at the end the following: “(D) Response to waivers.— “(i) Response.— Not later than 60 days after the date of receiving a request for a waiver under subparagraph (A), the Secretary shall provide a response that— “(I) approves the waiver request; “(II) denies the waiver request and describes any modification needed for approval of the waiver request; “(III) denies the waiver request and describes the grounds for the denial; or “(IV) requests clarification of the waiver request. “(ii) Failure to respond.— If the Secretary does not provide a response in accordance with clause (i), the waiver shall be considered approved, unless the approval is specifically prohibited by this Act. “(iii) Notice of denial.— On denial of a waiver request under clause (i)(III), the Secretary shall provide a copy of the waiver request and a description of the reasons for the denial to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.”. SEC. 852. EMPLOYMENT INITIATIVES PROGRAM. Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by striking subsection (d) and inserting the following: “(d) Employment Initiatives Program.— “(1) Election to participate.— “(A) In general.— Subject to the other provisions of this subsection, a State may elect to carry out an employment initiatives program under this subsection. “(B) Requirement.— A State shall be eligible to carry out an employment initiatives program under this subsection only if not less than 50 percent of the households in the State that received food stamp benefits during the summer of 1993 also received benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) during the summer of 1993. “(2) Procedure.— “(A) In general.— A State that has elected to carry out an employment initiatives program under paragraph (1) may use amounts equal to the food stamp allotments that would otherwise be issued to a household under the food stamp program, but for the operation of this subsection, to provide cash benefits in lieu of the food stamp allotments to the household if the household is eligible under paragraph (3). “(B) Payment.— The Secretary shall pay to each State that has elected to carry out an employment initiatives program under paragraph (1) an amount equal to the value of the allotment that each household participating in the program in the State would be eligible to receive under this Act but for the operation of this subsection. “(C) Other provisions.— For purposes of the food stamp program (other than this subsection)— “(i) cash assistance under this subsection shall be considered to be an allotment; and “(ii) each household receiving cash benefits under this subsection shall not receive any other food stamp benefit during the period for which the cash assistance is provided. “(D) Additional payments.— Each State that has elected to carry out an employment initiatives program under paragraph (1) shall— “(i) increase the cash benefits provided to each household participating in the program in the State under this subsection to compensate for any State or local sales tax that may be collected on purchases of food by the household, unless the Secretary determines on the basis of information provided by the State that the increase is unnecessary on the basis of the limited nature of the items subject to the State or local sales tax; and “(ii) pay the cost of any increase in cash benefits required by clause (i). “(3) Eligibility.— A household shall be eligible to receive cash benefits under paragraph (2) if an adult member of the household— “(A) has worked in unsubsidized employment for not less than the preceding 90 days; “(B) has earned not less than $350 per month from the employment referred to in subparagraph (A) for not less than the preceding 90 days; “(C) (i) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or “(ii) was receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at the time the member first received cash benefits under this subsection and is no longer eligible for the State program because of earned income; “(D) is continuing to earn not less than $350 per month from the employment referred to in subparagraph (A); and “(E) elects to receive cash benefits in lieu of food stamp benefits under this subsection. “(4) Evaluation.— A State that operates a program under this subsection for 2 years shall provide to the Secretary a written evaluation of the impact of cash assistance under this subsection. The State agency, with the concurrence of the Secretary, shall determine the content of the evaluation.”. SEC. 853. REAUTHORIZATION. The first sentence of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking “1991 through 1997” and inserting “1996 through 2002”. SEC. 854. SIMPLIFIED FOOD STAMP PROGRAM. (a) In General.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: “SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM. “(a) Definition of Federal Costs.— In this section, the term ‘Federal costs’ does not include any Federal costs incurred under section 17. “(b) Election.— Subject to subsection (d), a State may elect to carry out a Simplified Food Stamp Program (referred to in this section as a ‘Program’), statewide or in a political subdivision of the State, in accordance with this section. “(c) Operation of Program.— If a State elects to carry out a Program, within the State or a political subdivision of the State— “(1) a household in which no members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may not participate in the Program; “(2) a household in which all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) shall automatically be eligible to participate in the Program; “(3) if approved by the Secretary, a household in which 1 or more members but not all members receive assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) may be eligible to participate in the Program; and “(4) subject to subsection (f), benefits under the Program shall be determined under rules and procedures established by the State under— “(A) a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); “(B) the food stamp program; or “(C) a combination of a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and the food stamp program. “(d) Approval of Program.— “(1) State plan.— A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2). “(2) Approval of plan.— The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan— “(A) complies with this section; and “(B) contains sufficient documentation that the plan will not increase Federal costs for any fiscal year. “(e) Increased Federal Costs.— “(1) Determination.— “(A) In general.— The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this Act. “(B) No excluded households.— In making a determination under subparagraph (A), the Secretary shall not require the State agency to collect or report any information on households not included in the Program. “(C) Alternative accounting periods.— The Secretary may approve the request of a State agency to apply alternative accounting periods to determine if Federal costs do not exceed the Federal costs had the State agency not elected to carry out the Program. “(2) Notification.— If the Secretary determines that the Program has increased Federal costs under this Act for any fiscal year or any portion of any fiscal year, the Secretary shall notify the State not later than 30 days after the Secretary makes the determination under paragraph (1). “(3) Enforcement.— “(A) Corrective action.— Not later than 90 days after the date of a notification under paragraph (2), the State shall submit a plan for approval by the Secretary for prompt corrective action that is designed to prevent the Program from increasing Federal costs under this Act. “(B) Termination.— If the State does not submit a plan under subparagraph (A) or carry out a plan approved by the Secretary, the Secretary shall terminate the approval of the State agency operating the Program and the State agency shall be ineligible to operate a future Program. “(f) Rules and Procedures.— “(1) In general.— In operating a Program, a State or political subdivision of a State may follow the rules and procedures established by the State or political subdivision under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under the food stamp program. “(2) Standardized deductions.— In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 5(e). In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households. “(3) Requirements.— In operating a Program, a State or political subdivision shall comply with the requirements of— “(A) subsections (a) through (g) of section 7; “(B) section 8(a) (except that the income of a household may be determined under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); “(C) subsection (b) and (d) of section 8; “(D) subsections (a), (c), (d), and (n) of section 11; “(E) paragraphs (8), (12), (16), (18), (20), (24), and (25) of section 11(e); “(F) section 11(e)(10) (or a comparable requirement established by the State under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and “(G) section 16. “(4) Limitation on eligibility.— Notwithstanding any other provision of this section, a household may not receive benefits under this section as a result of the eligibility of the household under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), unless the Secretary determines that any household with income above 130 percent of the poverty guidelines is not eligible for the program”. (b) State Plan Provisions.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: “(25) if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— “(A) the rules and procedures to be followed by the State agency to determine food stamp benefits; “(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and “(C) a description of the method by which the State agency will carry out a quality control system under section 16(c).”. (c) Conforming Amendments.— (1) Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017), as amended by section 830, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended— (A) by striking subsection (i); and (B) by redesignating subsections (j) through (1) as subsections (i) through (k), respectively. SEC. 855. STUDY OF THE USE OF FOOD STAMPS TO PURCHASE VITAMINS AND MINERALS. (a) In general.— The Secretary of Agriculture, in consultation with the National Academy of Sciences and the Center for Disease Control and Prevention, shall conduct a study on the use of food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase vitamins and minerals. (b) Analysis.— The study shall include— (1) an analysis of scientific findings on the efficacy of and need for vitamins and minerals, including— (A) the adequacy of vitamin and mineral intakes in low-income populations, as shown by research and surveys conducted prior to the study; and (B) the potential value of nutritional supplements in filling nutrient gaps that may exist in the United States population as a whole or in vulnerable subgroups in the population; (2) the impact of nutritional improvements (including vitamin or mineral supplementation) on the health status and health care costs of women of childbearing age, pregnant or lactating women, and the elderly; (3) the cost of commercially available vitamin and mineral supplements; (4) the purchasing habits of low-income populations with regard to vitamins and minerals; (5) the impact of using food stamps to purchase vitamins and minerals on the food purchases of low-income households; and (6) the economic impact on the production of agricultural commodities of using food stamps to purchase vitamins and minerals. (7) Report.— Not later than December 15, 1998, the Secretary 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. SEC. 856. DEFICIT REDUCTION. It is the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from this title shall not be taken into account for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902). Subtitle B— Commodity Distribution Programs SEC. 871. EMERGENCY FOOD ASSISTANCE PROGRAM. (a) Definitions.— Section 201A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 201A. DEFINITIONS. ‘In this Act: “(1) Additional commodities.— The term ‘additional commodities’ means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. “(2) Average monthly number of unemployed persons.— The term ‘average monthly number of unemployed persons’ means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. “(3) Eligible recipient agency.— The term ‘eligible recipient agency’ means a public or nonprofit organization that— “(A) administers— “(i) an emergency feeding organization; “(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; “(iii) a summer camp for children, or a child nutrition program providing food service; “(iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or “(v) a disaster relief program; “(B) has been designated by the appropriate State agency, or by the Secretary; and “(C) has been approved by the Secretary for participation in the program established under this Act. “(4) Emergency feeding organization.— The term ‘emergency feeding organization’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. “(5) Food bank.— The term ‘food bank’ means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. “(6) Food pantry.— The term ‘food pantry’ means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. “(7) Poverty line.— The term ‘poverty line’ has the meaning provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). “(8) Soup kitchen.— The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. “(9) Total value of additional commodities.— The term ‘total value of additional commodities’ means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). “(10) Value of additional commodities allocated to each state.— The term ‘value of additional commodities allocated to each State’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).”. (b) State Plan.— Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: “SEC. 202A. STATE PLAN. “(a) In General.— To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. “(b) Requirements.— Each plan shall— “(1) designate the State agency responsible for distributing the commodities received under this Act; “(2) set forth a plan of operation and administration to expeditiously distribute commodities under this Act; “(3) set forth the standards of eligibility for recipient agencies; and “(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— “(A) individuals or households to be comprised of needy persons; and “(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. “(c) State Advisory Board.— The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.”. (c) Authorization of Appropriations for Administrative Funds.— Section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence, by striking “for State and local” and all that follows through “under this title” and inserting “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources”; and (2) by striking the fourth sentence. (d) Delivery of Commodities.— Section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) by striking subsections (a) through (e) and (j); (2) by redesignating subsections (f) through (i) as subsections (a) through (d), respectively; (3) in subsection (b), as redesignated by paragraph (2)— (A) in the first sentence, by striking “subsection (f) or subsection (j) if applicable,” and inserting “subsection (a),”; and (B) in the second sentence, by striking “subsection (f)” and inserting “subsection (a)”; (4) by striking subsection (c), as redesignated by paragraph (2), and inserting the following: “(c) Administration.— “(1) In general.— Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. “(2) Entitlement.— Each State shall be entitled to receive the value of additional commodities determined under subsection (a).”; and (5) in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”. (e) Technical Amendments.— The Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— (1) in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”; (2) in section 204(a), by striking “title” each place it appears and inserting “Act”; (3) in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and (4) by striking section 212. (f) Report on EFAP.— Section 1571 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 612c note) is repealed. (g) Availability of Commodities Under the Food Stamp Program.— The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), as amended by section 854(a), is amended by adding at the end the following: “SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM. “(a) Purchase of Commodities.— From amounts made available to carry out this Act, for each of fiscal years 1997 through 2002, the Secretary shall purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), and distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note). “(b) Basis for Commodity Purchases.— In purchasing commodities under subsection (a), the Secretary shall, to the extent practicable and appropriate, make purchases based on— “(1) agricultural market conditions; “(2) preferences and needs of States and distributing agencies; and “(3) preferences of recipients.”. (h) 7 USC 612c note. Effective Date.— The amendments made by subsection (d) shall become effective on October 1, 1996. SEC. 872. FOOD BANK DEMONSTRATION PROJECT. Section 3 of the Charitable Assistance and Food Bank Act of 1987 (Public Law 100–232; 7 U.S.C. 612c note) is repealed. SEC. 873. HUNGER PREVENTION PROGRAMS. The Hunger Prevention Act of 1988 (Public Law 100–435; 7 U.S.C. 612c note) is amended— (1) by striking section 110; (2) by striking subtitle C of title II; and (3) by striking section 502. SEC. 874. REPORT ON ENTITLEMENT COMMODITY PROCESSING. Section 1773 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 612c note) is amended by striking subsection (f). Subtitle C— Electronic Benefit Transfer Systems SEC. 891. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended— (1) by striking “(d) In the event that” and inserting “(d) Applicability to Service Providers Other Than Certain Financial Institutions.— “(1) In general.— If’; and (2) by adding at the end the following: “(2) State and local government electronic benefit transfer systems.— “(A) Definition of electronic benefit transfer system.— In this paragraph, the term ‘electronic benefit transfer system’— “(i) means a system under which a government agency distributes needs-tested benefits by establishing accounts that may be accessed by recipients electronically, such as through automated teller machines or point-of-sale terminals; and “(ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency. “(B) Exemption generally.— The disclosures, protections, responsibilities, and remedies established under this title, and any regulation prescribed or order issued by the Board in accordance with this title, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government. “(C) Exception for direct deposit into recipient’s account.— Subparagraph (B) shall not apply with respect to any electronic funds transfer under an electronic benefit transfer system for a deposit directly into a consumer account held by the recipient of the benefit. “(D) Rule of construction.— No provision of this paragraph— “(i) affects or alters the protections otherwise applicable with respect to benefits established by any other provision Federal, State, or local law; or “(ii) otherwise supersedes the application of any State or local law.”.

93. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(1)(D)(ii) · 110 Stat. 2105

    Redesignated · 7 U.S.C. § 2020(e)(26)

    Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24)

    Source evidence

    Code amendment note
    Subsec. (e)(26). Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24).

    Enacted provision · exact public law section
    (ii) by redesignating paragraph (26), as paragraph (24); and

94. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 819(b)(3) · 110 Stat. 2105

    Added · 7 U.S.C. § 2020(e)(26)

    Pub. L. 104–193, § 819(b)(3), added par. (26)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 819(b)(3), added par. (26).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(26) the guidelines the State agency uses in carrying out section 6(i); and”.

95. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 848(b)(1) · 110 Stat. 2105

    Struck · 7 U.S.C. § 2020(g)

    Pub. L. 104–193, § 848(b)(1), in first sentence, struck out “the Secretary’s standards for the efficient and effective administration of the program established under section 2025(b)(1) of this title or” before “the requirements established pursuant to section 2032”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–193, § 848(b)(1), in first sentence, struck out “the Secretary’s standards for the efficient and effective administration of the program established under section 2025(b)(1) of this title or” before “the requirements established pursuant to section 2032”.

    Enacted provision · exact public law section
    (1) The first sentence of section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by striking “the Secretary’s standards for the efficient and effective administration of the program established under section 16(b)(1) or”.

96. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(2)(A) · 110 Stat. 2105

    Inserted · 7 U.S.C. § 2020(i)

    Pub. L. 104–193, § 835(2)(A), inserted subsec. heading

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 104–193, § 835(2)(A), inserted subsec. heading.

    Enacted provision · exact public law section
    (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and

97. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(2)(A) · 110 Stat. 2105

    1. Amended · 7 U.S.C. § 2020(i)(1)

       Pub. L. 104–193, § 835(2)(A), designated portion of existing provisions as par. (1)

    2. Inserted · 7 U.S.C. § 2020(i)(1)

       Pub. L. 104–193, § 835(2)(A), inserted heading

    3. Substituted · 7 U.S.C. § 2020(i)(1)

       Pub. L. 104–193, § 835(2)(A), substituted “Notwithstanding any other provision of law,” for “Notwithstanding any other provision of law, the Secretary, the Commissioner of Social Security and the Secretary of Health and Human Services shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2)”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 104–193, § 835(2)(A), designated portion of existing provisions as par. (1), inserted heading, and substituted “Notwithstanding any other provision of law,” for “Notwithstanding any other provision of law, the Secretary, the Commissioner of Social Security and the Secretary of Health and Human Services shall develop a system by which (1) a single interview shall be conducted to determine eligibility for the food stamp program and the aid to families with dependent children program under part A of title IV of the Social Security Act; (2)”.

    Enacted provision · exact public law section
    (A) by striking “(i) Notwithstanding” and all that follows through “(2)” and inserting the following: “(i) Application and Denial Procedures.— “(1) Application procedures.— Notwithstanding any other provision of law,”; and

98. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 835(2)(B) · 110 Stat. 2105

    Substituted · 7 U.S.C. § 2020(i)(2)

    Pub. L. 104–193, § 835(2)(B), substituted a period, par. (2) designation, heading, and “Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no” for “; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant in a State that has a single State-wide general assistance application form shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form, and households applying for a local general assistance grant in a local jurisdiction in which the agency administering the general assistance program also administers the food stamp program shall be provided an application for participation in the food stamp program at the time of their application for general assistance, along with information concerning how to apply for the food stamp program; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance, shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. In addition to implementing paragraphs (1) through (4), the State agency shall inform applicants for benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that such applicants may file, along with their application for such benefits, an application for benefits under this chapter, and that if such applicants file, they shall have a single interview for food stamps and for benefits under part A of title IV of the Social Security Act. No”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 104–193, § 835(2)(B), substituted a period, par. (2) designation, heading, and “Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no” for “; (3) households in which all members are included in a federally aided public assistance or State or local general assistance grant in a State that has a single State-wide general assistance application form shall have their application for participation in the food stamp program contained in the public assistance or general assistance application form, and households applying for a local general assistance grant in a local jurisdiction in which the agency administering the general assistance program also administers the food stamp program shall be provided an application for participation in the food stamp program at the time of their application for general assistance, along with information concerning how to apply for the food stamp program; and (4) new applicants, as well as households which have recently lost or been denied eligibility for public assistance or general assistance, shall be certified for participation in the food stamp program based on information in the public assistance or general assistance case file to the extent that reasonably verified information is available in such case file. In addition to implementing paragraphs (1) through (4), the State agency shall inform applicants for benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that such applicants may file, along with their application for such benefits, an application for benefits under this chapter, and that if such applicants file, they shall have a single interview for food stamps and for benefits under part A of title IV of the Social Security Act. No”.

    Enacted provision · exact public law section
    (B) by striking “; (3) households” and all that follows through “title IV of the Social Security Act. No” and inserting a period and the following: “(2) Denial and termination.— Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no”.

99. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 840(2) · 110 Stat. 2105

    Added · 7 U.S.C. § 2020(p)

    Pub. L. 104–193, § 840(2), added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 104–193, § 840(2), added subsec. (p).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(p) State Verification Option.— Notwithstanding any other provision of law, in carrying out the food stamp program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”.

100. 1997

     Balanced Budget Act of 1997

     Pub. L. 105–33 § 1003(a)(2) · 111 Stat. 251

     Substituted · 7 U.S.C. § 2020(e)(8)(E)

     Pub. L. 105–33, § 1003(a)(2), substituted “paragraph (16) or (20)(B)” for “paragraph (16)”

     Source evidence

     Code amendment note
     Subsec. (e)(8)(E). Pub. L. 105–33, § 1003(a)(2), substituted “paragraph (16) or (20)(B)” for “paragraph (16)”.

     Enacted provision · exact public law section
     (2) Limits on disclosure and use of information.— Section 11(e)(8)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(E)) is amended by striking “paragraph (16)” and inserting “paragraph (16) or (20)(B)”.

101. 1997

     Balanced Budget Act of 1997

     Pub. L. 105–33 § 1003(a)(1) · 111 Stat. 251

     1. Added · 7 U.S.C. § 2020(e)(20)

        Pub. L. 105–33, § 1003(a)(1), added par. (20)

     2. Struck · 7 U.S.C. § 2020(e)(20)

        Pub. L. 105–33, § 1003(a)(1), struck out former par. (20) which read as follows: “that the State agency shall establish a system and take action on a periodic basis to verify and otherwise assure that an individual does not receive coupons in more than one jurisdiction within the State;”

     Source evidence

     Code amendment note
     Subsec. (e)(20). Pub. L. 105–33, § 1003(a)(1), added par. (20) and struck out former par. (20) which read as follows: “that the State agency shall establish a system and take action on a periodic basis to verify and otherwise assure that an individual does not receive coupons in more than one jurisdiction within the State;”.

     Enacted provision · exact public law section
     (1) In general.— Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by striking paragraph (20) and inserting the following: “(20) that the State agency shall establish a system and take action on a periodic basis— “(A) to verify and otherwise ensure that an individual does not receive coupons in more than 1 jurisdiction within the State; and “(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the food stamp program as a member of any household, except that— “(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and “(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 161 l(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.”.

102. 1997

     Balanced Budget Act of 1997

     Pub. L. 105–33 § 1004 · 111 Stat. 251

     1. Inserted · 7 U.S.C. § 2020(f)

        Pub. L. 105–33, § 1004, inserted subsec. heading

     2. Amended · 7 U.S.C. § 2020(f)

        Pub. L. 105–33, § 1004, designated existing provisions as par. (1)

     3. Inserted · 7 U.S.C. § 2020(f)

        Pub. L. 105–33, § 1004, inserted par. heading

     4. Added · 7 U.S.C. § 2020(f)

        Pub. L. 105–33, § 1004, added par. (2)

     Source evidence

     Code amendment note
     Subsec. (f). Pub. L. 105–33, § 1004, inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).

     Enacted provision · exact public law section
     SEC. 1004. NUTRITION EDUCATION. Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended— (1) by striking “(f) To encourage” and inserting the following: “(f) Nutrition Education.— “(1) In general.— To encourage”; and (2) by adding at the end the following: “(2) Grants.— “(A) In general.— The Secretary shall make available not more than $600,000 for each of fiscal years 1998 through 2001 to pay the Federal share of grants made to eligible private nonprofit organizations and State agencies to carry out subparagraph (B). “(B) Eligibility.— A private nonprofit organization or State agency shall be eligible to receive a grant under subparagraph (A) if the organization or agency agrees— “(i) to use the funds to direct a collaborative effort to coordinate and integrate nutrition education into health, nutrition, social service, and food distribution programs for food stamp participants and other low-income households; and “(ii) to design the collaborative effort to reach large numbers of food stamp participants and other low-income households through a network of organizations, including schools, child care centers, farmers’ markets, health clinics, and outpatient education services. “(C) Preference.— In deciding between 2 or more private nonprofit organizations or State agencies that are eligible to receive a grant under subparagraph (B), the Secretary shall give a preference to an organization or agency that conducted a collaborative effort described in subparagraph (B) and received funding for the collaborative effort from the Secretary before the date of enactment of this paragraph. “(D) Federal share.— “(i) In general.— Subject to subparagraph (E), the Federal share of a grant under this paragraph shall be 50 percent. “(ii) No in-kind contributions.— The non-Federal share of a grant under this paragraph shall be in cash. “(iii) Private funds.— The non-Federal share of a grant under this paragraph may include amounts from private nongovernmental sources. “(E) Limit on individual grant.— The Federal share of a grant under subparagraph (A) may not exceed $200,000 for a fiscal year.”.

103. 1997

     Balanced Budget Act of 1997

     Pub. L. 105–33 § 1003(b) · 111 Stat. 251

     Added · 7 U.S.C. § 2020(q)

     Pub. L. 105–33, § 1003(b), added subsec. (q)

     Source evidence

     Code amendment note
     Subsec. (q). Pub. L. 105–33, § 1003(b), added subsec. (q).

     Enacted provision · exact public law section
     (b) Information Sharing.— Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: “(q) Denial of Food Stamps for Prisoners.— The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in section 11(e)(20)(B) from participating in the food stamp program as a member of any household.”.

104. 1998

     Pub. L. 105–379 § 1(a) · 112 Stat. 3399

     Added · 7 U.S.C. § 2020(r)

     Pub. L. 105–379 added subsec. (r)

     Source evidence

     Code amendment note
     Subsec. (r). Pub. L. 105–379 added subsec. (r).

     Enacted provision · exact public law section
     (a) In General.— Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: “(r) Denial of Food Stamps for Deceased Individuals.— Each State agency shall.— “(1) enter into a cooperative arrangement with the Commissioner of Social Security, pursuant to the authority of the Commissioner under section 205(r)(3) of the Social Security Act (42 U.S.C. 405(r)(3)), to obtain information on individuals who are deceased; and “(2) use the information to verify and otherwise ensure that benefits are not issued to individuals who are deceased.”.

105. 2002

     Pub. L. 107–171 § 4114(a) · 116 Stat. 134

     1. Amended · 7 U.S.C. § 2020(e)(2)(B)(ii)

        Pub. L. 107–171, § 4114(a), designated existing provisions as subcl. (I)

     2. Added · 7 U.S.C. § 2020(e)(2)(B)(ii)

        Pub. L. 107–171, § 4114(a), added subcl. (II)

     Source evidence

     Code amendment note
     Subsec. (e)(2)(B)(ii). Pub. L. 107–171, § 4114(a), designated existing provisions as subcl. (I) and added subcl. (II).

     Enacted provision · exact public law section
     (a) In General.— Section 11(e)(2)(B)(ii) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(2)(B)(ii)) is amended— (1) by inserting “(I)” after “(ii)”; (2) in subclause (I) (as designated by paragraph (1)), by adding “and” at the end; and (3) by adding at the end the following: “(II) if the State agency maintains a website for the State agency, shall make the application available on the website in each language in which the State agency makes a printed application available;”.

106. 2002

     Pub. L. 107–171 § 4115(a) · 116 Stat. 134

     Added · 7 U.S.C. § 2020(s)

     Pub. L. 107–171, § 4115(a), added subsec. (s)

     Source evidence

     Code amendment note
     Subsec. (s). Pub. L. 107–171, § 4115(a), added subsec. (s).

     Enacted provision · exact public law section
     (a) Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: “(s) Transitional Benefits Option.— “(1) In general.— A State agency may provide transitional food stamp benefits to a household that ceases to receive cash assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). “(2) Transitional benefits period.— Under paragraph (1), a household may receive transitional food stamp benefits for a period of not more than 5 months after the date on which cash assistance is terminated. “(3) Amount of benefits.— During the transitional benefits period under paragraph (2), a household shall receive an amount of food stamp benefits equal to the allotment received in the month immediately preceding the date on which cash assistance was terminated, adjusted for the change in household income as a result of— “(A) the termination of cash assistance; and “(B) at the option of the State agency, information from another program in which the household participates. “(4) Determination of future eligibility.— In the final month of the transitional benefits period under paragraph (2), the State agency may— “(A) require the household to cooperate in a recertification of eligibility; and “(B) initiate a new certification period for the household without regard to whether the preceding certification period has expired. “(5) Limitation..— A household shall not be eligible for transitional benefits under this subsection if the household— “(A) loses eligibility under section 6; “(B) is sanctioned for a failure to perform an action required by Federal, State, or local law relating to a cash assistance program described in paragraph (1); or “(C) is a member of any otner category of households designated by the State agency as ineligible for transitional benefits. “(6) Applications for recertification.— “(A) In general.— A household receiving transitional benefits under this subsection may apply for recertification at any time during the transitional benefits period under paragraph (2). “(B) Determination of allotment.— If a household applies for recertification under subparagraph (A), the allotment of the household for all subsequent months shall be determined without regard to this subsection.”.

107. 2002

     Pub. L. 107–171 § 4116(a) · 116 Stat. 134

     Added · 7 U.S.C. § 2020(t)

     Pub. L. 107–171, § 4116(a), added subsec. (t)

     Source evidence

     Code amendment note
     Subsec. (t). Pub. L. 107–171, § 4116(a), added subsec. (t).

     Enacted provision · exact public law section
     (a) In General.— Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) (as amended by section 4115(a)) is amended by adding at the end the following: “(t) In General.— Grants for Simple Application and Eligibility Determination Systems and Improved Access to Benefits.— “(1) For each of fiscal years 2003 through 2007, the Secretary shall use not more than $5,000,000 of funds made available under section 18(a)(1) to make grants to pay 100 percent of the costs of eligible entities approved by the Secretary to carry out projects to develop and implement— “(A) simple food stamp application and eligibility determination systems; or “(B) measures to improve access to food stamp benefits by eligible households. “(2) Types of projects.— A project under paragraph (1) may consist of— “(A) coordinating application and eligibility determination processes, including verification practices, under the food stamp program and other Federal, State, and local assistance programs; “(B) establishing methods for applying for benefits and determining eligibility that— “(i) more extensively use— “(I) communications by telephone; and “(II) electronic alternatives such as the Internet; or “(ii) otherwise improve the administrative infrastructure used in processing applications and determining eligibility; “(C) developing procedures, training materials, and other resources aimed at reducing barriers to participation and reaching eligible households; “(D) improving methods for informing and enrolling eligible households; or “(E) carrying out such other activities as the Secretary determines to be appropriate. “(3) Limitation.— A grant under this subsection shall not be made for the ongoing cost of carrying out any project. “(4) Eligible entities.— To be eligible to receive a grant under this subsection, an entity shall be— “(A) a State agency administering the food stamp program; “(B) a State or local government; “(C) an agency providing health or welfare services; “(D) a public health or educational entity; or “(E) a private nonprofit entity such as a communitybased organization, food bank, or other emergency feeding organization. “(5) Selection of eligible entities.— The Secretary— “(A) shall develop criteria for the selection of eligible entities to receive grants under this subsection; and “(B) may give preference to any eligible entity that consists of a partnership between a governmental entity and a nongovernmental entity.”.

108. 2004

     Child Nutrition and WIC Reauthorization Act of 2004

     Pub. L. 108–265 title I § 104(b)(2) · 118 Stat. 729

     Added · 7 U.S.C. § 2020(u)

     Pub. L. 108–265 added subsec. (u)

     Source evidence

     Code amendment note
     Subsec. (u). Pub. L. 108–265 added subsec. (u).

     Enacted provision · exact public law section
     (2) Agreement for direct certification and cooperation.— Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: “(u) Agreement for Direct Certification and Cooperation.— “(1) In general.— Each State agency shall enter into an agreement with the State agency administering the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). “(2) Contents.— The agreement shall establish procedures that ensure that— “(A) any child receiving benefits under this Act shall be certified as eligible for free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), without further application; and “(B) each State agency shall cooperate in carrying out paragraphs (3)(F) and (4) of section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)).” .

109. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4001(b) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020

     Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing in subsecs. (d), (e) (except par. (25)), (f), (g), (i), (j), (o) to (q), and (t)

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing in subsecs. (d), (e) (except par. (25)), (f), (g), (i), (j), (o) to (q), and (t).

     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”.

110. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4116 · 122 Stat. 1651

     1. Added · 7 U.S.C. § 2020(a)

        Pub. L. 110–246, § 4116, added subsec. (a)

     2. Struck · 7 U.S.C. § 2020(a)

        Pub. L. 110–246, § 4116, struck out former subsec. (a) which read as follows: “The State agency of each participating State shall assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain whether the program is being conducted in compliance with the provisions of this chapter and the regulations issued pursuant to this chapter. Such records shall be available for inspection and audit at any reasonable time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this chapter.”

     Source evidence

     Code amendment note
     Subsec. (a). Pub. L. 110–246, § 4116, added subsec. (a) and struck out former subsec. (a) which read as follows: “The State agency of each participating State shall assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof. There shall be kept such records as may be necessary to ascertain whether the program is being conducted in compliance with the provisions of this chapter and the regulations issued pursuant to this chapter. Such records shall be available for inspection and audit at any reasonable time and shall be preserved for such period of time, not less than three years, as may be specified in the regulations issued pursuant to this chapter.”

     Enacted provision · exact public law section
     SEC. 4116. REVIEW OF MAJOR CHANGES IN PROGRAM DESIGN.   Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking the section enumerator and heading and subsection (a) and inserting the following: “SEC. 11. ADMINISTRATION. “(a) State Responsibility.— “(1) In general.— The State agency of each participating State shall have responsibility for certifying applicant households and issuing EBT cards. “(2) Local administration.— The responsibility of the agency of the State government shall not be affected by whether the program is operated on a State-administered or county-administered basis, as provided under section 3(t)(1). “(3) Records.— “(A) In general.— Each State agency shall keep such records as may be necessary to determine whether the program is being conducted in compliance with this Act (including regulations issued under this Act). “(B) Inspection and audit.— Records described in subparagraph (A) shall— “(i) be available for inspection and audit at any reasonable time; “(ii) subject to subsection (e)(8), be available for review in any action filed by a household to enforce any provision of this Act (including regulations issued under this Act); and “(iii) be preserved for such period of not less than 3 years as may be specified in regulations. “(4) Review of major changes in program design.— “(A) In general.— The Secretary shall develop standards for identifying major changes in the operations of a State agency, including— “(i) large or substantially-increased numbers of low-income households that do not live in reasonable proximity to an office performing the major functions described in subsection (e); “(ii) substantial increases in reliance on automated systems for the performance of responsibilities previously performed by personnel described in subsection (e)(6)(B); “(iii) changes that potentially increase the difficulty of reporting information under subsection (e) or section 6(c); and “(iv) changes that may disproportionately increase the burdens on any of the types of households described in subsection (e)(2)(A). “(B) Notification.— If a State agency implements a major change in operations, the State agency shall— “(i) notify the Secretary; and “(ii) collect such information as the Secretary shall require to identify and correct any adverse effects on program integrity or access, including access by any of the types of households described in subsection (e)(2)(A).” .

111. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4117 · 122 Stat. 1651

     1. Added · 7 U.S.C. § 2020(c)

        Pub. L. 110–246, § 4117, added subsec. (c)

     2. Struck · 7 U.S.C. § 2020(c)

        Pub. L. 110–246, § 4117, struck out former subsec. (c) which read as follows: “In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs.”

     Source evidence

     Code amendment note
     Subsec. (c). Pub. L. 110–246, § 4117, added subsec. (c) and struck out former subsec. (c) which read as follows: “In the certification of applicant households for the food stamp program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political beliefs.”

     Enacted provision · exact public law section
     SEC. 4117. CIVIL RIGHTS COMPLIANCE.   Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking subsection (c) and inserting the following: “(c) Civil Rights Compliance.— “(1) In general.— In the certification of applicant households for the supplemental nutrition assistance program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political affiliation. “(2) Relation to other laws.— The administration of the program by a State agency shall be consistent with the rights of households under the following laws (including implementing regulations): “(A) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). “(B) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). “(C) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). “(D) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).” .

112. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(A) · 122 Stat. 1651

     1. Substituted · 7 U.S.C. § 2020(d)

        Pub. L. 110–246, § 4115(b)(8)(A), substituted “section 2012(t)(1)” for “section 2012(n)(1)” in two places

     2. Substituted · 7 U.S.C. § 2020(d)

        Pub. L. 110–246, § 4115(b)(8)(A), substituted “section 2012(t)(2)” for “section 2012(n)(2)” in two places

     Source evidence

     Code amendment note
     Subsec. (d). Pub. L. 110–246, § 4115(b)(8)(A), substituted “section 2012(t)(1)” for “section 2012(n)(1)” wherever appearing and “section 2012(t)(2)” for “section 2012(n)(2)” in two places.

     Enacted provision · exact public law section
     (A) in subsection (d)— (i) by striking “section 3(n)(1) of this Act” each place it appears and inserting “section 3(t)(1)”; and (ii) by striking “section 3(n)(2) of this Act” each place it appears and inserting “section 3(t)(2)”;

113. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(E) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)

     Pub. L. 110–246, § 4115(b)(8)(E), substituted “benefits” for “coupons” wherever appearing in pars. (2)(B)(vi), (8), (9), (11), (18), and (21)

     Source evidence

     Code amendment note
     Subsec. (e). Pub. L. 110–246, § 4115(b)(8)(E), substituted “benefits” for “coupons” wherever appearing in pars. (2)(B)(vi), (8), (9), (11), (18), and (21).

     Enacted provision · exact public law section
     (E) by striking “coupons” each place it appears and inserting “benefits”; and

114. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(A)(i) · 122 Stat. 1651

     1. Substituted · 7 U.S.C. § 2020(e)

        Pub. L. 110–246, § 4002(a)(6)(A)(i), (ii), substituted “supplemental nutrition assistance program benefits” for “food stamps” in two places

     2. Substituted · 7 U.S.C. § 2020(e)

        Pub. L. 110–246, § 4002(a)(6)(A)(i), (ii), substituted “supplemental nutrition assistance program offices” for “food stamp offices” in two places

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4002(a)(6)(A)(i), (ii), substituted “supplemental nutrition assistance program benefits” for “food stamps” wherever appearing and “supplemental nutrition assistance program offices” for “food stamp offices” in two places.

     Enacted provision · exact public law section
     (i) by striking “food stamps” each place it appears and inserting “supplemental nutrition assistance program benefits”;

115. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4118 · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)(1)

     Pub. L. 110–246, § 4118, realigned margins and in subpar. (B) substituted “comply with regulations of the Secretary requiring the use of” for “use”

     Source evidence

     Code amendment note
     Subsec. (e)(1). Pub. L. 110–246, § 4118, realigned margins and in subpar. (B) substituted “comply with regulations of the Secretary requiring the use of” for “use”.

     Enacted provision · exact public law section
     SEC. 4118. CODIFICATION OF ACCESS RULES.   Section 11(e)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(1)) is amended— (1) by striking “shall (A) at” and inserting “shall— “(A) at” ; and (2) by striking “and (B) use” and inserting “and “(B) comply with regulations of the Secretary requiring the use of” .

116. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(A)(iii) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)(2)(B)(iii)

     Pub. L. 110–246, § 4002(a)(6)(A)(iii), substituted “supplemental nutrition assistance program office” for “food stamp office”

     Source evidence

     Code amendment note
     Subsec. (e)(2)(B)(iii). Pub. L. 110–246, § 4002(a)(6)(A)(iii), substituted “supplemental nutrition assistance program office” for “food stamp office”.

     Enacted provision · exact public law section
     (iii) by striking “food stamp office” each place it appears and inserting “supplemental nutrition assistance program office”; and

117. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4119 · 122 Stat. 1651

     1. Inserted · 7 U.S.C. § 2020(e)(2)(C)

        Pub. L. 110–246, § 4119, inserted subpar. heading

     2. Amended · 7 U.S.C. § 2020(e)(2)(C)

        Pub. L. 110–246, § 4119, designated existing provisions as cl. (i)

     3. Inserted · 7 U.S.C. § 2020(e)(2)(C)

        Pub. L. 110–246, § 4119, inserted cl. heading

     4. Added · 7 U.S.C. § 2020(e)(2)(C)

        Pub. L. 110–246, § 4119, added cls. (ii) and (iii)

     Source evidence

     Code amendment note
     Subsec. (e)(2)(C). Pub. L. 110–246, § 4119, inserted subpar. heading, designated existing provisions as cl. (i), inserted cl. heading, and added cls. (ii) and (iii).

     Enacted provision · exact public law section
     SEC. 4119. STATE OPTION FOR TELEPHONIC SIGNATURE.   Section 11(e)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(2)(C)) is amended— (1) by striking “(C) Nothing in this Act” and inserting the following: “(C) Electronic and automated systems.— “(i) In general.— Nothing in this Act” ; and (2) by adding at the end the following: “(ii) State option for telephonic signature.— A State agency may establish a system by which an applicant household may sign an application through a recorded verbal assent over the telephone. “(iii) Requirements.— A system established under clause (ii) shall— “(I) record for future reference the verbal assent of the household member and the information to which assent was given; “(II) include effective safeguards against impersonation, identity theft, and invasions of privacy; “(III) not deny or interfere with the right of the household to apply in writing; “(IV) promptly provide to the household member a written copy of the completed application, with instructions for a simple procedure for correcting any errors or omissions; “(V) comply with paragraph (1)(B); “(VI) satisfy all requirements for a signature on an application under this Act and other laws applicable to the supplemental nutrition assistance program, with the date on which the household member provides verbal assent considered as the date of application for all purposes; and “(VII) comply with such other standards as the Secretary may establish.” .

118. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(D) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)(7)

     Pub. L. 110–246, § 4115(b)(8)(D), substituted “benefit” for “coupon”

     Source evidence

     Code amendment note
     Subsec. (e)(7). Pub. L. 110–246, § 4115(b)(8)(D), substituted “benefit” for “coupon”.

     Enacted provision · exact public law section
     (D) by striking “coupon” each place it appears and inserting “benefit”;

119. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4120(1) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)(8)

     Pub. L. 110–246, § 4120(1), in introductory provisions, substituted “safeguards which prohibit the use or disclosure of information obtained from applicant households” for “safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this chapter, regulations issued pursuant to this chapter, Federal assistance programs, or federally assisted State programs”

     Source evidence

     Code amendment note
     Subsec. (e)(8). Pub. L. 110–246, § 4120(1), in introductory provisions, substituted “safeguards which prohibit the use or disclosure of information obtained from applicant households” for “safeguards which limit the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this chapter, regulations issued pursuant to this chapter, Federal assistance programs, or federally assisted State programs”.

     Enacted provision · exact public law section
     (1) in the matter preceding subparagraph (A)— (A) by striking “limit” and inserting “prohibit”; and (B) by striking “to persons” and all that follows through “State programs”;

120. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4120(2) · 122 Stat. 1651

     1. Added · 7 U.S.C. § 2020(e)(8)(A)(D)

        Pub. L. 110–246, § 4120(2), (3), added subpar. (A)

     2. Redesignated · 7 U.S.C. § 2020(e)(8)(A)(D)

        Pub. L. 110–246, § 4120(2), (3), redesignated former subpars. (A) to (C) as (B) to (D), respectively. Former subpar. (D) redesignated (E)

     Source evidence

     Code amendment note
     Subsec. (e)(8)(A) to (D). Pub. L. 110–246, § 4120(2), (3), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively. Former subpar. (D) redesignated (E).

     Enacted provision · exact public law section
     (2) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;

121. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4120(2) · 122 Stat. 1651

     Redesignated · 7 U.S.C. § 2020(e)(8)(E)

     Pub. L. 110–246, § 4120(2), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F)

     Source evidence

     Code amendment note
     Subsec. (e)(8)(E). Pub. L. 110–246, § 4120(2), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).

     Enacted provision · exact public law section
     (2) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;

122. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(B)(i) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(e)(8)(E)

     Pub. L. 110–246, § 4115(b)(8)(B)(i), substituted “paragraph (15) or (18)(B)” for “paragraph (16) or (20)(B)”

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4115(b)(8)(B)(i), substituted “paragraph (15) or (18)(B)” for “paragraph (16) or (20)(B)”.

     Enacted provision · exact public law section
     (i) in paragraph (8)(E), by striking “paragraph (16) or (20)(B)” and inserting “paragraph (15) or (18)(B)”;

123. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4120(2) · 122 Stat. 1651

     1. Redesignated · 7 U.S.C. § 2020(e)(8)(F)

        Pub. L. 110–246, § 4120(2), (4), redesignated subpar. (E) as (F)

     2. Inserted · 7 U.S.C. § 2020(e)(8)(F)

        Pub. L. 110–246, § 4120(2), (4), inserted “or subsection (u)” before semicolon at end

     Source evidence

     Code amendment note
     Subsec. (e)(8)(F). Pub. L. 110–246, § 4120(2), (4), redesignated subpar. (E) as (F) and inserted “or subsection (u)” before semicolon at end.

     Enacted provision · exact public law section
     (2) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;

124. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(B)(ii) · 122 Stat. 1651

     1. Redesignated · 7 U.S.C. § 2020(e)(15)(17)

        Pub. L. 110–246, § 4115(b)(8)(B)(ii)–(iv), redesignated pars. (16) to (18) as (15) to (17), respectively, in par. (17)

     2. Substituted · 7 U.S.C. § 2020(e)(15)(17)

        Pub. L. 110–246, § 4115(b)(8)(B)(ii)–(iv), substituted “described in section 2012(t)(1) of this title” for “(described in section 2012(n)(1) of this title)”

     3. Struck · 7 U.S.C. § 2020(e)(15)(17)

        Pub. L. 110–246, § 4115(b)(8)(B)(ii)–(iv), struck out former par. (15) which read as follows: “that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the fourth sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity and would be cost effective, to present a photographic identification card when using its authorization card in order to receive its coupons. The State agency may permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program;”

     Source evidence

     Code amendment note
     Subsec. (e)(15) to (17). Pub. L. 110–246, § 4115(b)(8)(B)(ii)–(iv), redesignated pars. (16) to (18) as (15) to (17), respectively, in par. (17), substituted “described in section 2012(t)(1) of this title” for “(described in section 2012(n)(1) of this title)”, and struck out former par. (15) which read as follows: “that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the fourth sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department’s Inspector General, finds that it would be useful to protect the program’s integrity and would be cost effective, to present a photographic identification card when using its authorization card in order to receive its coupons. The State agency may permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program;”.

     Enacted provision · exact public law section
     (ii) by striking paragraphs (15) and (19);

125. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(B)(ii) · 122 Stat. 1651

     1. Redesignated · 7 U.S.C. § 2020(e)(18)(24)

        Pub. L. 110–246, § 4115(b)(8)(B)(ii), (iii), redesignated pars. (20) to (25) as (18) to (23), respectively

     2. Redesignated · 7 U.S.C. § 2020(e)(18)(24)

        Pub. L. 110–246, § 4115(b)(8)(B)(ii), (iii), struck out former par. (19) which read as follows: “that, in project areas or parts thereof where authorization cards are used, and eligible households are required to present photographic identification cards in order to receive their coupons, the State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been stolen or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State agency for the face value of any coupons issued in the transaction in which such card is used and the issuer fails to comply with the requirements of clause (A) of this paragraph;”. Former par. (18) redesignated (17)

     Source evidence

     Code amendment note
     Subsec. (e)(18) to (24). Pub. L. 110–246, § 4115(b)(8)(B)(ii), (iii), redesignated pars. (20) to (25) as (18) to (23), respectively, and struck out former par. (19) which read as follows: “that, in project areas or parts thereof where authorization cards are used, and eligible households are required to present photographic identification cards in order to receive their coupons, the State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been stolen or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State agency for the face value of any coupons issued in the transaction in which such card is used and the issuer fails to comply with the requirements of clause (A) of this paragraph;”. Former par. (18) redesignated (17).

     Enacted provision · exact public law section
     (ii) by striking paragraphs (15) and (19);

126. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(B)(iii) · 122 Stat. 1651

     Redesignated · 7 U.S.C. § 2020(e)(25)

     Pub. L. 110–246, § 4115(b)(8)(B)(iii), redesignated par. (25) as (23)

     Source evidence

     Code amendment note
     Subsec. (e)(25). Pub. L. 110–246, § 4115(b)(8)(B)(iii), redesignated par. (25) as (23).

     Enacted provision · exact public law section
     (iii) by redesignating paragraphs (16) through (18) and (20) through (25) as paragraphs (15) through (17) and (18) through (23), respectively; and

127. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(A)(iv) · 122 Stat. 1651

     1. Substituted · 7 U.S.C. § 2020(e)(25)

        Pub. L. 110–246, § 4002(a)(6)(A)(iv), substituted “Simplified Supplemental Nutrition Assistance Program” for “Simplified Food Stamp Program” in subpar. (A)

     2. Substituted · 7 U.S.C. § 2020(e)(25)

        Pub. L. 110–246, § 4002(a)(6)(A)(iv), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits” in subpar. (A)

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4002(a)(6)(A)(iv), substituted “Simplified Supplemental Nutrition Assistance Program” for “Simplified Food Stamp Program” in introductory provisions and “supplemental nutrition assistance program benefits” for “food stamp benefits” in subpar. (A).

     Enacted provision · exact public law section
     (iv) in paragraph (25)— (I) in the matter preceding subparagraph (A), by striking “Simplified Food Stamp Program” and inserting “Simplified Supplemental Nutrition Assistance Program”; and (II) in subparagraph (A), by striking “food stamp benefits” and inserting “supplemental nutrition assistance program benefits”;

128. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4111(b) · 122 Stat. 1651

     1. Added · 7 U.S.C. § 2020(f)

        Pub. L. 110–246, § 4111(b), added subsec. (f)

     2. Struck · 7 U.S.C. § 2020(f)

        Pub. L. 110–246, § 4111(b), struck out former subsec. (f) which related to assignment of responsibility for nutrition education to the Cooperative Extension Service, in cooperation with the Food and Nutrition Service, and grants to eligible private nonprofit organizations and State agencies to direct a collaborative effort to coordinate and integrate nutrition education into other programs available to food stamp program participants and other low-income households

     Source evidence

     Code amendment note
     Subsec. (f). Pub. L. 110–246, § 4111(b), added subsec. (f) and struck out former subsec. (f) which related to assignment of responsibility for nutrition education to the Cooperative Extension Service, in cooperation with the Food and Nutrition Service, and grants to eligible private nonprofit organizations and State agencies to direct a collaborative effort to coordinate and integrate nutrition education into other programs available to food stamp program participants and other low-income households.

     Enacted provision · exact public law section
     (b) Implementation.— Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking subsection (f) and inserting the following: “(f) Nutrition Education.— “(1) In general.— State agencies may implement a nutrition education program for individuals eligible for program benefits that promotes healthy food choices consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). “(2) Delivery of nutrition education.— State agencies may deliver nutrition education directly to eligible persons or through agreements with the National Institute of Food and Agriculture, including through the expanded food and nutrition education program under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), and other State and community health and nutrition providers and organizations. “(3) Nutrition education state plans.— “(A) In general.— A State agency that elects to provide nutrition education under this subsection shall submit a nutrition education State plan to the Secretary for approval. “(B) Requirements.— The plan shall— “(i) identify the uses of the funding for local projects; and “(ii) conform to standards established by the Secretary through regulations or guidance. “(C) Reimbursement.— State costs for providing nutrition education under this subsection shall be reimbursed pursuant to section 16(a). “(4) Notification.— To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible program participants of the availability of nutrition education under this subsection.” .

129. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 7511(c)(5) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(f)(1)

     Pub. L. 110–246, § 7511(c)(5), which directed substitution of “National Institute of Food and Agriculture” for “Cooperative Extension Service”, could not be executed because “Cooperative Extension Service” did not appear subsequent to amendment by Pub. L. 110–246, § 4111(b). See above and Effective Date of 2008 Amendment note below

     Source evidence

     Code amendment note
     Subsec. (f)(1). Pub. L. 110–246, § 7511(c)(5), which directed substitution of “National Institute of Food and Agriculture” for “Cooperative Extension Service”, could not be executed because “Cooperative Extension Service” did not appear subsequent to amendment by Pub. L. 110–246, § 4111(b). See above and Effective Date of 2008 Amendment note below.

     Enacted provision · exact public law section
     (5) Section 11(f)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(f)(1)) is amended by striking “Cooperative Extension Service” and inserting “National Institute of Food and Agriculture”.

130. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(C) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(h)

     Pub. L. 110–246, § 4115(b)(8)(C), substituted “benefits” for “coupon or coupons”

     Source evidence

     Code amendment note
     Subsec. (h). Pub. L. 110–246, § 4115(b)(8)(C), substituted “benefits” for “coupon or coupons”.

     Enacted provision · exact public law section
     (C) in subsection (h), by striking “coupon or coupons” and inserting “benefits”;

131. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(B) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(k)

     Pub. L. 110–246, § 4002(a)(6)(B), substituted “may provide, on request by the State agency, supplemental nutrition assistance program benefits” for “may issue, upon request by the State agency, food stamps”

     Source evidence

     Code amendment note
     Subsec. (k). Pub. L. 110–246, § 4002(a)(6)(B), substituted “may provide, on request by the State agency, supplemental nutrition assistance program benefits” for “may issue, upon request by the State agency, food stamps”.

     Enacted provision · exact public law section
     (B) in subsection (k), by striking “may issue, upon request by the State agency, food stamps” and inserting “may provide, on request by the State agency, supplemental nutrition assistance program benefits”;

132. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(C) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(l)

     Pub. L. 110–246, § 4002(a)(6)(C), substituted “supplemental nutrition assistance program participation” for “food stamp participation”

     Source evidence

     Code amendment note
     Subsec. (l). Pub. L. 110–246, § 4002(a)(6)(C), substituted “supplemental nutrition assistance program participation” for “food stamp participation”.

     Enacted provision · exact public law section
     (C) in subsection (l), by striking “food stamp participation” and inserting “supplemental nutrition assistance program participation”;

133. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(E) · 122 Stat. 1651

     1. Substituted · 7 U.S.C. § 2020(n)

        Pub. L. 110–246, § 4115(b)(8)(E), substituted “both benefits and benefits or payments” for “both coupons and benefits or payments”

     2. Substituted · 7 U.S.C. § 2020(n)

        Pub. L. 110–246, § 4115(b)(8)(E), substituted “both benefits and assistance provided in lieu of benefits” for “both coupons and assistance provided in lieu of coupons”

     Source evidence

     Code amendment note
     Subsec. (n). Pub. L. 110–246, § 4115(b)(8)(E), substituted “both benefits and benefits or payments” for “both coupons and benefits or payments” and “both benefits and assistance provided in lieu of benefits” for “both coupons and assistance provided in lieu of coupons”.

     Enacted provision · exact public law section
     (E) by striking “coupons” each place it appears and inserting “benefits”; and

134. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4115(b)(8)(F) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(q)

     Pub. L. 110–246, § 4115(b)(8)(F), substituted “subsection (e)(18)(B)” for “subsection (e)(20)(B)”

     Source evidence

     Code amendment note
     Subsec. (q). Pub. L. 110–246, § 4115(b)(8)(F), substituted “subsection (e)(18)(B)” for “subsection (e)(20)(B)”.

     Enacted provision · exact public law section
     (F) in subsection (q), by striking “section 11(e)(20)(B)” and inserting “subsection (e)(18)(B)”.

135. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(D) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(q)

     Pub. L. 110–246, § 4002(a)(6)(D), substituted “benefits” for “food stamps” in heading

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4002(a)(6)(D), substituted “benefits” for “food stamps” in heading.

     Enacted provision · exact public law section
     (D) in subsections (q) and (r), in the subsection headings, by striking “Food Stamps” each place it appears and inserting “Benefits”;

136. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(D) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(r)

     Pub. L. 110–246, § 4002(a)(6)(D), substituted “benefits” for “food stamps” in heading

     Source evidence

     Code amendment note
     Subsec. (r). Pub. L. 110–246, § 4002(a)(6)(D), substituted “benefits” for “food stamps” in heading.

     Enacted provision · exact public law section
     (D) in subsections (q) and (r), in the subsection headings, by striking “Food Stamps” each place it appears and inserting “Benefits”;

137. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4106 · 122 Stat. 1651

     1. Amended · 7 U.S.C. § 2020(s)(1)

        Pub. L. 110–246, § 4106, designated part of existing provisions as subpar. (A)

     2. Added · 7 U.S.C. § 2020(s)(1)

        Pub. L. 110–246, § 4106, added subpar. (B)

     Source evidence

     Code amendment note
     Subsec. (s)(1). Pub. L. 110–246, § 4106, designated part of existing provisions as subpar. (A) and added subpar. (B).

     Enacted provision · exact public law section
     SEC. 4106. TRANSITIONAL BENEFITS OPTION.   Section 11(s)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(s)(1)) is amended— (1) by striking “benefits to a household”; and inserting “benefits— “(A) to a household” ; (2) by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(B) at the option of the State, to a household with children that ceases to receive cash assistance under a State-funded public assistance program.” .

138. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(E) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(s)(1)

     Pub. L. 110–246, § 4002(a)(6)(E), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits”

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4002(a)(6)(E), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits”.

     Enacted provision · exact public law section
     (E) in subsection (s), by striking “food stamp benefits” each place it appears and inserting “supplemental nutrition assistance program benefits”; and

139. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(E) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(s)(2); 7 U.S.C. § 2020(s)(3)

     Pub. L. 110–246, § 4002(a)(6)(E), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits”

     Source evidence

     Code amendment note
     Subsec. (s)(2), (3). Pub. L. 110–246, § 4002(a)(6)(E), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits”.

     Enacted provision · exact public law section
     (E) in subsection (s), by striking “food stamp benefits” each place it appears and inserting “supplemental nutrition assistance program benefits”; and

140. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4406(a)(2) · 122 Stat. 1651

     Substituted · 7 U.S.C. § 2020(t)(1)

     Pub. L. 110–246, § 4406(a)(2), substituted “Subject to the availability of appropriations under section 2027(a) of this title, for each fiscal year” for “For each of fiscal years 2003 through 2007”

     Source evidence

     Code amendment note
     Subsec. (t)(1). Pub. L. 110–246, § 4406(a)(2), substituted “Subject to the availability of appropriations under section 2027(a) of this title, for each fiscal year” for “For each of fiscal years 2003 through 2007”.

     Enacted provision · exact public law section
     (2) Grants for simple application and eligibility determination systems and improved access to benefits.— Section 11(t)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(t)(1)) is amended by striking “For each of fiscal years 2003 through 2007” and inserting “Subject to the availability of appropriations under section 18(a), for each fiscal year”.

141. 2008

     Food, Conservation, and Energy Act of 2008

     Pub. L. 110–246 § 4002(a)(6)(F) · 122 Stat. 1651

     1. Substituted · 7 U.S.C. § 2020(t)(1)

        Pub. L. 110–246, § 4002(a)(6)(F), substituted “supplemental nutrition assistance program application” for “food stamp application” in subpar. (B)

     2. Substituted · 7 U.S.C. § 2020(t)(1)

        Pub. L. 110–246, § 4002(a)(6)(F), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits” in subpar. (B)

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 110–246, § 4002(a)(6)(F), substituted “supplemental nutrition assistance program application” for “food stamp application” in subpar. (A) and “supplemental nutrition assistance program benefits” for “food stamp benefits” in subpar. (B).

     Enacted provision · exact public law section
     (F) in subsection (t)(1)— (i) in subparagraph (A), by striking “food stamp application” and inserting “supplemental nutrition assistance program application”; and (ii) in subparagraph (B), by striking “food stamp benefits” and inserting “supplemental nutrition assistance program benefits”.

142. 2010

     Healthy, Hunger-Free Kids Act of 2010

     Pub. L. 111–296 title II § 241(b)(2) · 124 Stat. 3183

     Struck · 7 U.S.C. § 2020(f)

     Pub. L. 111–296 struck out subsec. (f) which related to nutrition education

     Source evidence

     Code amendment note
     Subsec. (f). Pub. L. 111–296 struck out subsec. (f) which related to nutrition education.

     Enacted provision · exact public law section
     (2) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking subsection (f).

     Effective date note
     Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of Title 42, The Public Health and Welfare.

143. 2018

     Agricultural Act of 2014

     Pub. L. 113–79 § 4013(1) · 128 Stat. 649

     Inserted · 7 U.S.C. § 2020(e)(3)

     Pub. L. 113–79, § 4013(1), inserted “and after compliance with the requirement specified in paragraph (24)” after “section 2025(e) of this title”

     Source evidence

     Code amendment note
     Subsec. (e)(3). Pub. L. 113–79, § 4013(1), inserted “and after compliance with the requirement specified in paragraph (24)” after “section 2025(e) of this title”.

     Enacted provision · exact public law section
     (1) in paragraph (3), by inserting “and after compliance with the requirement specified in paragraph (24)” after “section 16(e) of this Act”;

144. 2018

     Agricultural Act of 2014

     Pub. L. 113–79 § 4013(2) · 128 Stat. 649

     Added · 7 U.S.C. § 2020(e)(24)

     Pub. L. 113–79, § 4013(2)–(4), added par. (24)

     Source evidence

     Code amendment note
     Subsec. (e)(24). Pub. L. 113–79, § 4013(2)–(4), added par. (24).

     Enacted provision · exact public law section
     (2) in paragraph (22), by striking “and” at the end;

145. 2018

     Agricultural Act of 2014

     Pub. L. 113–79 § 4014(a) · 128 Stat. 649

     Added · 7 U.S.C. § 2020(e)(25)

     Pub. L. 113–79, § 4014(a), added par. (25)

     Source evidence

     Code amendment note
     Subsec. (e)(25). Pub. L. 113–79, § 4014(a), added par. (25).

     Enacted provision · exact public law section
     (a) In General.— Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) (as amended by section 4013) is amended— (1) in paragraph (23)(C), by striking “and” at the end; (2) in paragraph (24), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(25) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of section 3(k)— “(A) the plans of the State agency for operating the program, including— “(i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area; “(ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and “(iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and “(B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes— “(i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and “(ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i).” .

146. 2018

     Agricultural Act of 2014

     Pub. L. 113–79 § 4015 · 128 Stat. 649

     1. Added · 7 U.S.C. § 2020(p)

        Pub. L. 113–79, § 4015, added subsec. (p)

     2. Struck · 7 U.S.C. § 2020(p)

        Pub. L. 113–79, § 4015, struck out former subsec. (p). Prior to amendment, text read as follows: “Notwithstanding any other provision of law, in carrying out the supplemental nutrition assistance program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”

     Source evidence

     Code amendment note
     Subsec. (p). Pub. L. 113–79, § 4015, added subsec. (p) and struck out former subsec. (p). Prior to amendment, text read as follows: “Notwithstanding any other provision of law, in carrying out the supplemental nutrition assistance program, a State agency shall not be required to use an income and eligibility or an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7).”

     Enacted provision · exact public law section
     SEC. 4015. MANDATING STATE IMMIGRATION VERIFICATION.   Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking subsection (p) and inserting the following: “(p) State Verification Option.— In carrying out the supplemental nutrition assistance program, a State agency shall be required to use an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7), and an income and eligibility verification system, in accordance with standards set by the Secretary.” .

147. 2018

     Agricultural Act of 2014

     Pub. L. 113–79 § 4016(a) · 128 Stat. 649

     Added · 7 U.S.C. § 2020(v)

     Pub. L. 113–79, § 4016(a), added subsec. (v)

     Source evidence

     Code amendment note
     Subsec. (v). Pub. L. 113–79, § 4016(a), added subsec. (v).

     Enacted provision · exact public law section
     (a) Data Exchange Standardization.— Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following: “(v) Data Exchange Standards for Improved Interoperability.— “(1) Designation.— The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern, under this Act— “(A) necessary categories of information that State agencies operating related programs are required under applicable law to electronically exchange with another State agency; and “(B) Federal reporting and data exchange required under applicable law. “(2) Requirements.— The data exchange standards required by paragraph (1) shall, to the maximum extent practicable— “(A) incorporate a widely accepted, nonproprietary, searchable, computer-readable format, such as the eXtensible Markup Language; “(B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; “(C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; “(D) be consistent with and implement applicable accounting principles; “(E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and “(F) be capable of being continually upgraded as necessary. “(3) Rules of construction.— Nothing in this subsection requires a change to existing data exchange standards for Federal reporting found to be effective and efficient.” .

148. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4022(5)(A) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(a)(2)

     Pub. L. 115–334, § 4022(5)(A), substituted “2012(s)(1)” for “2012(t)(1)”

     Source evidence

     Code amendment note
     Subsec. (a)(2). Pub. L. 115–334, § 4022(5)(A), substituted “2012(s)(1)” for “2012(t)(1)”.

     Enacted provision · exact public law section
     (A) in subsection (a)(2) by striking “3(t)(1)” and inserting “3(s)(1)”, and

149. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4013(a)(1) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(a)(3)(B)

     Pub. L. 115–334, § 4013(a)(1), substituted “All records, and the entire information systems in which records are contained, that are covered” for “Records described” in introductory provisions

     Source evidence

     Code amendment note
     Subsec. (a)(3)(B). Pub. L. 115–334, § 4013(a)(1), substituted “All records, and the entire information systems in which records are contained, that are covered” for “Records described” in introductory provisions.

     Enacted provision · exact public law section
     (1) by striking “Records described” and inserting “All records, and the entire information systems in which records are contained, that are covered”, and

150. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4013(a)(2) · 132 Stat. 4490

     Amended · 7 U.S.C. § 2020(a)(3)(B)(i)

     Pub. L. 115–334, § 4013(a)(2), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “be available for inspection and audit at any reasonable time;”

     Source evidence

     Code amendment note
     Subsec. (a)(3)(B)(i). Pub. L. 115–334, § 4013(a)(2), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “be available for inspection and audit at any reasonable time;”.

     Enacted provision · exact public law section
     (2) by amending clause (i) to read as follows: “(i) be made available for inspection and audit by the Secretary, subject to data and security protocols agreed to by the State agency and Secretary;” .

151. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4022(5)(B) · 132 Stat. 4490

     1. Substituted · 7 U.S.C. § 2020(d)

        Pub. L. 115–334, § 4022(5)(B), substituted “2012(s)(1)” for “2012(t)(1)” in two places

     2. Substituted · 7 U.S.C. § 2020(d)

        Pub. L. 115–334, § 4022(5)(B), substituted “2012(s)(2)” for “2012(t)(2)” in two places

     Source evidence

     Code amendment note
     Subsec. (d). Pub. L. 115–334, § 4022(5)(B), substituted “2012(s)(1)” for “2012(t)(1)” wherever appearing and “2012(s)(2)” for “2012(t)(2)” in two places.

     Enacted provision · exact public law section
     (B) in subsection (d)— (i) by striking “3(t)(1)” each place it appears and inserting “3(s)(1)”, and (ii) by striking “3(t)(2)” each place it appears and inserting “3(s)(2)”, and

152. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4022(5)(C)(i) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(e)(17)

     Pub. L. 115–334, § 4022(5)(C)(i), substituted “2012(s)(1)” for “2012(t)(1)”

     Source evidence

     Code amendment note
     Subsec. (e)(17). Pub. L. 115–334, § 4022(5)(C)(i), substituted “2012(s)(1)” for “2012(t)(1)”.

     Enacted provision · exact public law section
     (i) in paragraph (17) by striking “3(t)(1)” inserting “3(s)(1)”, and

153. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4005(c)(1) · 132 Stat. 4490

     Inserted · 7 U.S.C. § 2020(e)(19)

     Pub. L. 115–334, § 4005(c)(1), inserted “the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),” before “and the basis,”

     Source evidence

     Code amendment note
     Subsec. (e)(19). Pub. L. 115–334, § 4005(c)(1), inserted “the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),” before “and the basis,”.

     Enacted provision · exact public law section
     (1) in subsection (e)(19) by inserting “the extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),” before “and the basis,”, and

154. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4022(5)(C)(ii) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(e)(23)

     Pub. L. 115–334, § 4022(5)(C)(ii), substituted “simplified supplemental nutrition assistance program” for “Simplified Supplemental Nutrition Assistance Program” in introductory provisions

     Source evidence

     Code amendment note
     Subsec. (e)(23). Pub. L. 115–334, § 4022(5)(C)(ii), substituted “simplified supplemental nutrition assistance program” for “Simplified Supplemental Nutrition Assistance Program” in introductory provisions.

     Enacted provision · exact public law section
     (ii) in paragraph (23) by striking “Simplified Supplemental Nutrition Assistance Program” and inserting “simplified supplemental nutrition assistance program”,

155. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4009 · 132 Stat. 4490

     Added · 7 U.S.C. § 2020(e)(26)

     Pub. L. 115–334, § 4009, added par. (26)

     Source evidence

     Code amendment note
     Subsec. (e)(26). Pub. L. 115–334, § 4009, added par. (26).

     Enacted provision · exact public law section
     SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION.   Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended— (1) in paragraph (24) by striking “and” after the semicolon, (2) in paragraph (25) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(26) that for a household participating in the supplemental nutrition assistance program, the State agency shall pursue clarification and verification, if applicable, of information relating to the circumstances of the household received from data matches for the purpose of ensuring an accurate eligibility and benefit determination, only if the information— “(A) appears to present significantly conflicting information from the information that was used by the State agency at the time of certification of the household; “(B) is obtained from data matches carried out under subsection (q), (r), or (x); or “(C) (i) is less than 60 days old relative to the current month of participation of the household; and “(ii) if accurate, would have been required to be reported by the household based on the reporting requirements assigned to the household by the State agency under section 6(c).” .

156. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4010(1) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(t)

     Pub. L. 115–334, § 4010(1), substituted “simplified application” for “simple application” in heading

     Source evidence

     Code amendment note
     Subsec. (t). Pub. L. 115–334, § 4010(1), substituted “simplified application” for “simple application” in heading.

     Enacted provision · exact public law section
     (1) by striking the heading and inserting “Grants for Simplified Application and Eligibility Determination Systems and Improved Access to Benefits”,

157. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4010(2) · 132 Stat. 4490

     Substituted · 7 U.S.C. § 2020(t)(1)

     Pub. L. 115–334, § 4010(2), substituted “implement supplemental nutrition assistance program simplified application and eligibility determination systems” for “implement—

     Source evidence

     Code amendment note
     Subsec. (t)(1). Pub. L. 115–334, § 4010(2), substituted “implement supplemental nutrition assistance program simplified application and eligibility determination systems” for “implement—

     “(A) simple supplemental nutrition assistance program application and eligibility determination systems; or “(B) measures to improve access to supplemental nutrition assistance program benefits by eligible households”.

     Enacted provision · exact public law section
     (2) in paragraph (1) by striking “implement—” and all that follows through the period at the end, and inserting “implement supplemental nutrition assistance program simplified application and eligibility determination systems.”, and

158. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4010(3)(A) · 132 Stat. 4490

     Amended · 7 U.S.C. § 2020(t)(2)(B)

     Pub. L. 115–334, § 4010(3)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “establishing methods for applying for benefits and determining eligibility that—

     Source evidence

     Code amendment note
     Subsec. (t)(2)(B). Pub. L. 115–334, § 4010(3)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “establishing methods for applying for benefits and determining eligibility that—

     “(i) more extensively use— “(I) communications by telephone; and “(II) electronic alternatives such as the Internet; or “(ii) otherwise improve the administrative infrastructure used in processing applications and determining eligibility;”.

     Enacted provision · exact public law section
     (A) by amending subparagraph (B) to read as follows: “(B) establishing enhanced technological methods that improve the administrative infrastructure used in processing applications and determining eligibility; or” ,

159. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4010(3)(B) · 132 Stat. 4490

     1. Redesignated · 7 U.S.C. § 2020(t)(2)(C)(E)

        Pub. L. 115–334, § 4010(3)(B), (C), redesignated subpar. (E) as (C)

     2. Struck · 7 U.S.C. § 2020(t)(2)(C)(E)

        Pub. L. 115–334, § 4010(3)(B), (C), struck out former subpars. (C) and (D) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (t)(2)(C) to (E). Pub. L. 115–334, § 4010(3)(B), (C), redesignated subpar. (E) as (C) and struck out former subpars. (C) and (D) which read as follows:

     “(C) developing procedures, training materials, and other resources aimed at reducing barriers to participation and reaching eligible households; “(D) improving methods for informing and enrolling eligible households; or”.

     Enacted provision · exact public law section
     (B) by striking subparagraphs (C) and (D), and

160. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4005(c)(2) · 132 Stat. 4490

     Added · 7 U.S.C. § 2020(w)

     Pub. L. 115–334, § 4005(c)(2), added subsec. (w)

     Source evidence

     Code amendment note
     Subsec. (w). Pub. L. 115–334, § 4005(c)(2), added subsec. (w).

     Enacted provision · exact public law section
     (2) by adding at the end the following: “(w) For households containing at least one adult, with no elderly or disabled members and with no earned income at their last certification or required report, a State agency shall, at the time of recertification, be required to advise members of the household not exempt under section 6(d)(2) regarding available employment and training services.” .

161. 2018

     Agriculture Improvement Act of 2018

     Pub. L. 115–334 § 4011 · 132 Stat. 4490

     Added · 7 U.S.C. § 2020(x)

     Pub. L. 115–334, § 4011, added subsec. (x)

     Source evidence

     Code amendment note
     Subsec. (x). Pub. L. 115–334, § 4011, added subsec. (x).

     Enacted provision · exact public law section
     SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE ISSUANCES.   Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020), as amended by section 4005(c), is amended by adding at the end the following: “(x) National Accuracy Clearinghouse.— “(1) Definition of indication of multiple issuance.— In this subsection, the term ‘indication of multiple issuance’ means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued to an individual by more than 1 State agency simultaneously. “(2) Establishment.— “(A) In general.— The Secretary shall establish an interstate data system, to be known as the ‘National Accuracy Clearinghouse’, to prevent multiple issuances of supplemental nutrition assistance program benefits to an individual by more than 1 State agency simultaneously. “(B) Data matching.— The Secretary shall require that State agencies make available to the National Accuracy Clearinghouse only such information as is necessary for the purpose described in subparagraph (A). “(C) Data protection.— The information made available by State agencies under subparagraph (B)— “(i) shall be used only for the purpose described in subparagraph (A); “(ii) shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States Code pursuant to section 552(b)(3) of title 5 of the United States Code, to the extent such information is obtained or received by the Secretary; “(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A); “(iv) shall be used in a manner that protects the identity and location of a vulnerable individual (including a victim of domestic violence) that is an applicant for, or recipient of, supplemental nutrition assistance program benefits; and “(v) shall meet security standards as determined by the Secretary. “(3) Issuance of interim final regulations.— Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that— “(A) incorporate best practices and lessons learned from the pilot program under section 4032(c) of the Agricultural Act of 2014 (7 U.S.C. 2036c(c)); “(B) require a State agency to take appropriate action, as determined by the Secretary, with respect to each indication of multiple issuance of supplemental nutrition assistance program benefits, or each indication that an individual receiving such benefits in 1 State has applied to receive such benefits in another State, while ensuring timely and fair service to applicants for, and recipients of, such benefits; “(C) establish standards to limit and protect the information submitted through or retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C); “(D) establish safeguards to protect— “(i) the information submitted through or retained by the National Accuracy Clearinghouse, including by limiting the period of time that information is retained to the period necessary to accomplish the purpose described in paragraph (2)(A); and “(ii) the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and “(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection. “(4) Timing.— The initial match and corresponding actions required by paragraph (3)(B) shall occur within 3 years after the date of the enactment of the Agriculture Improvement Act of 2018.” .

162. 2022

     Pub. L. 117–286 § 4(a)(27) · 136 Stat. 4196

     Substituted · 7 U.S.C. § 2020(o)(1)

     Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”

     Source evidence

     Code amendment note
     Subsec. (o)(1). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.

     Enacted provision · exact public law section
     (27) Section 11(o)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(o)(1)) is amended by striking “the Federal Advisory Committee Act,” and inserting “chapter 10 of title 5, United States Code,”.

193 of 226 references resolved to an enrolled provision · 15 partial · 18 unresolved