Title 7 — Agriculture

Chapter 51 — Supplemental Nutrition Assistance Program

§ 2035. Simplified supplemental nutrition assistance program

Statutory text

“Federal costs” defined

In this section, the term “Federal costs” does not include any Federal costs incurred under section 2026 of this title.

Election

Subject to subsection (d), a State may elect to carry out a simplified supplemental nutrition assistance program (referred to in this section as a “Program”), statewide or in a political subdivision of the State, in accordance with this section.

Operation of Program

If a State elects to carry out a Program, within the State or a political subdivision of the State—

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;

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;

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

subject to subsection (f), benefits under the Program shall be determined under rules and procedures 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.);

the supplemental nutrition assistance program; or

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 supplemental nutrition assistance program.

Approval of Program

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).

Approval of plan

The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan—

complies with this section; and

contains sufficient documentation that the plan will not increase Federal costs for any fiscal year.

Increased Federal costs

Determination

In general

The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this chapter.

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.

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.

Notification

If the Secretary determines that the Program has increased Federal costs under this chapter 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).

Enforcement

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 chapter.

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.

Rules and procedures

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 supplemental nutrition assistance program.

Standardized deductions

In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 2014(e) of this title. In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households.

Requirements

In operating a Program, a State or political subdivision shall comply with the requirements of—

subsections (a) through (f) of section 2016 of this title;

section 2017(a) of this title (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.));

subsections (b) and (d) of section 2017 of this title;

subsections (a), (c), (d), and (n) of section 2020 of this title;

paragraphs (8), (12), (15), (17), (18), (22), and (23) of section 2020(e) of this title;

section 2020(e)(10) of this title (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

section 2025 of this title.

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.

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.

1996
The Food Stamp Act of 1964
Pub. L. 88–525 § 26 · 78 Stat. 703
Enacted · 7 U.S.C. § 2035
Pub. L. 88–525, § 26, as added Pub. L. 104–193, title VIII, § 854(a), Aug. 22, 1996, 110 Stat. 2340
Source evidence
Code source credit
Pub. L. 88–525, § 26, as added Pub. L. 104–193, title VIII, § 854(a), Aug. 22, 1996, 110 Stat. 2340
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(a)(12)(A) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035
Pub. L. 110–246, § 4002(a)(12)(A), substituted “Simplified supplemental nutrition assistance program” for “Simplified Food Stamp Program” in section catchline
Source evidence
Code amendment note
Pub. L. 110–246, § 4002(a)(12)(A), substituted “Simplified supplemental nutrition assistance program” for “Simplified Food Stamp Program” in section catchline.
Enacted provision · exact public law section
(A) in the section heading, by striking “simplified food stamp program” and inserting “simplified supplemental nutrition assistance program”; and
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(a)(12)(B) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035(b)
Pub. L. 110–246, § 4002(a)(12)(B), which directed amendment of subsec. (b) by substituting “simplified supplemental nutrition assistance program” for “simplified food stamp program”, could not be executed because the term “simplified food stamp program” did not appear
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–246, § 4002(a)(12)(B), which directed amendment of subsec. (b) by substituting “simplified supplemental nutrition assistance program” for “simplified food stamp program”, could not be executed because the term “simplified food stamp program” did not appear.
Enacted provision · exact public law section
(B) in subsection (b), by striking “simplified food stamp program” and inserting “simplified supplemental nutrition assistance program”.
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035(c)(4)(B); 7 U.S.C. § 2035(c)(4)(C)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsec. (c)(4)(B), (C). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035(f)(1)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(b)(16)(A) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035(f)(3)(A)
Pub. L. 110–246, § 4115(b)(16)(A), substituted “subsections (a) through (f)” for “subsections (a) through (g)”
Source evidence
Code amendment note
Subsec. (f)(3)(A). Pub. L. 110–246, § 4115(b)(16)(A), substituted “subsections (a) through (f)” for “subsections (a) through (g)”.
Enacted provision · exact public law section
(A) in subparagraph (A), by striking “subsections (a) through (g)” and inserting “subsections (a) through (f)”; and
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(b)(16)(B) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2035(f)(3)(E)
Pub. L. 110–246, § 4115(b)(16)(B), substituted “(15), (17), (18), (22), and (23)” for “(16), (18), (20), (24), and (25)”
Source evidence
Code amendment note
Subsec. (f)(3)(E). Pub. L. 110–246, § 4115(b)(16)(B), substituted “(15), (17), (18), (22), and (23)” for “(16), (18), (20), (24), and (25)”.
Enacted provision · exact public law section
(B) in subparagraph (E), by striking “(16), (18), (20), (24), and (25)” and inserting “(15), (17), (18), (22), and (23)”.
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
2014
Agricultural Act of 2014
Pub. L. 113–79 title IV § 4030 · 128 Stat. 649
Substituted · 7 U.S.C. § 2035(f)(3)(C)
Pub. L. 113–79 substituted “subsections” for “subsection”
Source evidence
Code amendment note
Subsec. (f)(3)(C). Pub. L. 113–79 substituted “subsections” for “subsection”.
Enacted provision · exact public law section
SEC. 4030. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended— (1) in subsection (g), by striking “coupon,” the last place it appears and inserting “coupon”; (2) in subsection (k)(7), by striking “or are” and inserting “and”; (3) by striking subsection (l); (4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and (5) by inserting after subsection (s) (as so redesignated) the following: “(t) ‘Supplemental nutrition assistance program’ means the program operated pursuant to this Act.” . (b) Section 4(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)) is amended in the last sentence by striking “benefits” and inserting “Benefits”. (c) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— (1) in the last sentence of subsection (i)(2)(D), by striking “section 13(b)(2)” and inserting “section 13(b)”; and (2) in subsection (k)(4)(A), by striking “paragraph (2)(H)” and inserting “paragraph (2)(G)”. (d) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended in subparagraphs (B)(vii) and (F)(iii) by indenting both clauses appropriately. (e) Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13). (f) Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(a)) is amended by indenting paragraph (3) appropriately. (g) Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021) is amended— (1) in subsection (b)(3)(C), by striking “civil money penalties” and inserting “civil penalties”; and (2) in subsection (g)(1), by striking “(7 U.S.C. 1786)” and inserting “(42 U.S.C. 1786)”. (h) Section 15(b)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2024(b)(1)) is amended in the first sentence by striking “an benefit” both places it appears and inserting “a benefit”. (i) Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the proviso following paragraph (8) by striking “as amended.”. (j) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(e)) is amended in the first sentence by striking “sections 7(f)” and inserting “section 7(f)”. (k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence by striking “Food benefits” and inserting “Benefits”. (l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2035(f)(3)(C)) is amended by striking “subsection” and inserting “subsections”. (m) Section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by striking “(Public Law 98–8; 7 U.S.C. 612c note)” and inserting “(7 U.S.C. 7515)”. (n) Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended— (1) in subsection (a)(2), by striking “food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State program carried out under the Food Stamp Act of 1977” and inserting “supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act”; (2) in subsection (b)(2)— (A) in the paragraph heading, by striking “the food stamp act of 1977” and inserting “the food and nutrition act of 2008”; and (B) by striking “food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977), or any State program carried out under the Food Stamp Act of 1977” and inserting “supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), or any State program carried out under that Act”; and (3) in subsection (e)(2), by striking “section 3(s) of the Food Stamp Act of 1977, when referring to the food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State program carried out under the Food Stamp Act of 1977” and inserting “section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the supplemental nutrition assistance program (as defined in that section) or any State program carried out under that Act”. (o) Section 3803(c)(2)(C)(vii) of title 31 of the United States Code is amended by striking “section 3(l)” and inserting “section 3”. (p) Section 453(j)(10) of the Social Security Act (42 U.S.C. 653(j)(10)) is amended in the paragraph heading by striking “food stamp programs” and inserting “supplemental nutrition assistance program benefits”. (q) Section 1137 of the Social Security Act (42 U.S.C. 1320b–7)— (1) in subsection (a)(5)(B), by striking “food stamp” and inserting “supplemental nutrition assistance”; and (2) in subsection (b)(4), by striking “food stamp program under the Food Stamp Act of 1977” and inserting “supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)”. (r) Section 1631(n) of the Social Security Act (42 U.S.C. 1383) is amended in the subsection heading by striking “Food Stamp” and inserting “Supplemental Nutrition Assistance”. (s) Section 509 of the Older Americans Act of 1965 (42 U.S.C. 3056g) is amended in the section heading by striking “food stamp programs” and inserting “supplemental nutrition assistance programs”. (t) Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended by striking “Food Stamp Act of 1977” and inserting “Food and Nutrition Act of 2008”. (u) Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended— (1) in subsection (h)(1), by striking “food stamps” and inserting “the supplemental nutrition assistance program”; (2) in subsection (i)(1), by striking “food stamps provided under the Food Stamp Act of 1977” and inserting “supplemental nutrition assistance benefits provided under the Food and Nutrition Act of 2008”; and (3) in subsection (l)(2)(B), by striking “Food Stamp Act of 1977” and inserting “Food and Nutrition Act of 2008”. (v) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1871) 42 USC 654. is amended by striking “531” and inserting “454”.
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 title IV § 4022(9) · 132 Stat. 4490
Substituted · 7 U.S.C. § 2035(b)
Pub. L. 115–334 substituted “carry out a simplified supplemental nutrition assistance program” for “carry out a Simplified Food Stamp Program”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–334 substituted “carry out a simplified supplemental nutrition assistance program” for “carry out a Simplified Food Stamp Program”.
Enacted provision · exact public law section
(9) in section 26(b) by striking “out” and all that follows through “(referred”, and inserting “out a simplified supplemental nutrition assistance program (referred”.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (c) and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Codification

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

Amendments2008–2018 · 3 rounds

2018

Subsec. (b). Pub. L. 115–334 substituted “carry out a simplified supplemental nutrition assistance program” for “carry out a Simplified Food Stamp Program”.

2014

Subsec. (f)(3)(C). Pub. L. 113–79 substituted “subsections” for “subsection”.

2008

Pub. L. 110–246, § 4002(a)(12)(A), substituted “Simplified supplemental nutrition assistance program” for “Simplified Food Stamp Program” in section catchline.

Subsec. (b). Pub. L. 110–246, § 4002(a)(12)(B), which directed amendment of subsec. (b) by substituting “simplified supplemental nutrition assistance program” for “simplified food stamp program”, could not be executed because the term “simplified food stamp program” did not appear.

Subsec. (c)(4)(B), (C). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

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

Subsec. (f)(3)(A). Pub. L. 110–246, § 4115(b)(16)(A), substituted “subsections (a) through (f)” for “subsections (a) through (g)”.

Subsec. (f)(3)(E). Pub. L. 110–246, § 4115(b)(16)(B), substituted “(15), (17), (18), (22), and (23)” for “(16), (18), (20), (24), and (25)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Credits

1996–2018 · 5 acts

1996Pub. L. 88–525, § 26, as added Pub. L. 104–193, title VIII, § 854(a), Aug. 22, 1996, 110 Stat. 2340
2008amended Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16), May 22, 2008, 122 Stat. 1092, 1095, 1109
2008Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16), June 18, 2008, 122 Stat. 1664, 1853, 1857, 1870
2014Pub. L. 113–79, title IV, § 4030(l), Feb. 7, 2014, 128 Stat. 814
2018Pub. L. 115–334, title IV, § 4022(9), Dec. 20, 2018, 132 Stat. 4654.

Show as published

(Pub. L. 88–525, § 26, as added Pub. L. 104–193, title VIII, § 854(a), Aug. 22, 1996, 110 Stat. 2340; amended Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16), May 22, 2008, 122 Stat. 1092, 1095, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16), June 18, 2008, 122 Stat. 1664, 1853, 1857, 1870; Pub. L. 113–79, title IV, § 4030(l), Feb. 7, 2014, 128 Stat. 814; Pub. L. 115–334, title IV, § 4022(9), Dec. 20, 2018, 132 Stat. 4654.)