Attachment B: Work Requirements

Q:\COMP\FNS\FSA77

FOOD STAMP ACT OF 1977
[As Amended Through P.L. 108–269, July 2, 2004]
TABLE OF CONTENTS

U.S.C.
7 U.S.C.
2011 note
2011
2012
2013
2014
2015
2016
2017
2018

Act Sec.

Page

1.
2.
3.
4.
5.
6.
7.
8.
9.

1–2
1–2
1–2
1–8
1–9
1–23
1–39
1–46
1–49

Short title ........................................................
Declaration of policy .......................................
Definitions .......................................................
Establishment of the food stamp program ...
Eligible households .........................................
Eligibility disqualifications ............................
Issuance and use of coupons ..........................
Value of allotment ..........................................
Approval of retail food stores and wholesale
food concerns and wholesale food concerns.
2019
10. Redemption of coupons ................................
2020
11. Administration ..............................................
2021
12. Civil money penalties and disqualification
of retail food stores and wholesale food concerns.
2022
13. Collection and disposition of claims ............
2023
14. Administrative and judicial review .............
2024
15. Violations and enforcement .........................
2025
16. Administrative cost-sharing and quality
control.
2026
17. Research, demonstration, and evaluations
2027
18. Authorization for appropriations .................
2028
19. Consolidated block grants for Puerto Rico
and American Samoa.
2029
20. Workfare ........................................................
2030
21. Demonstration of Family Independence
Program.
2031
22. Food stamp portion of Minnesota Family
Investment Plan.
2032
23. Automated data processing and information retrieval systems.
2034
25. Assistance for community food projects ......
2035
26. Simplified food stamp program ...................
2036
27. Availability of commodities for the emergency food assistance program.
Table of contents, bracketed material, and footnotes did not
in Acts.
1–1
July 2, 2004

1–51
1–52
1–66

1–69
1–71
1–73
1–75
1–89
1–97
1–99
1–102
1–104
1–108
1–116
1–117
1–119
1–121
appear

Q:\COMP\FNS\FSA77

Sec. 1

FOOD STAMP ACT OF 1977

1–2

Public Law 88–525

AN ACT
To strengthen the agricultural economy; to help to achieve a fuller
and more effective use of food abundances; to provide for improved levels of nutrition among low-income households
through a cooperative Federal-State program of food assistance to be operated through normal channels of trade; and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, ø7 U.S.C. 2011
note¿ That this Act may be cited as the ‘‘Food Stamp Act of 1977’’.
DECLARATION OF POLICY

SEC. 2. ø7 U.S.C. 2011¿ 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.
DEFINITIONS

SEC. 3. ø7 U.S.C. 2012¿ 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 household is entitled to be issued.
(c) ‘‘Certification period’’ means the period for which households
shall be eligible to receive authorization cards. The certification period shall not exceed 12 months, except that the certification period
may be up to 24 months if all adult household members are elderly
or disabled. A State agency shall have at least 1 contact with each
certified household every 12 months. The limits specified in this
subsection may be extended until the end of any transitional benefit
period established under section 11(s).
(d) ‘‘Coupon’’ means any coupon, stamp, 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, 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.
July 2, 2004

Q:\COMP\FNS\FSA77

1–3

FOOD STAMP ACT OF 1977

Sec. 3

(f) ‘‘Drug addiction or alcoholic treatment and rehabilitation
program’’ means any such program conducted by a private nonprofit
organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x et seq.) to provide treatment that can
lead to the rehabilitation of drug addicts or alcoholics.
(g) ‘‘Food’’ means (1) any food or food product for home consumption except alcoholic beverages, tobacco, and hot foods or hot
food products ready for immediate consumption other than those
authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this
subsection, (2) seeds and plants for use in gardens to produce food
for the personal consumption of the eligible household, (3) in the
case of those persons who are sixty years of age or over or who receive supplemental security income benefits or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [(42 U.S.C. 1381 et seq.)], and their spouses, meals prepared by and served in senior citizens’ centers, apartment buildings
occupied primarily by such persons, public or private nonprofit establishments (eating or otherwise) that feed such persons, private
establishments that contract with the appropriate agency of the
State to offer meals for such persons at concessional prices, and
meals prepared for and served to residents of federally subsidized
housing for the elderly, (4) in the case of persons sixty years of age
or over and persons who are physically or mentally handicapped or
otherwise so disabled that they are unable adequately to prepare
all of their meals, meals prepared for and delivered to them (and
their spouses) at their home by a public or private nonprofit organization or by a private establishment that contracts with the appropriate State agency to perform such services at concessional prices,
(5) in the case of narcotics addicts or alcoholics, and their children,
served by drug addiction or alcoholic treatment and rehabilitation
programs, meals prepared and served under such programs, (6) in
the case of certain eligible households living in Alaska, equipment
for procuring food by hunting and fishing, such as nets, hooks, rods,
harpoons, and knives (but not equipment for purposes of transportation, clothing, or shelter, and not firearms, ammunition, and explosives) if the Secretary determines that such households are located in an area of the State where it is extremely difficult to reach
stores selling food and that such households depend to a substantial
extent upon hunting and fishing for subsistence, (7) in the case of
disabled or blind recipients of benefits under title I, II, X, XIV, or
XVI of the Social Security Act, or are 3–1 individuals described in
paragraphs (2) through (7) of subsection (r), who are residents in
a public or private nonprofit group living arrangement that serves
no more than sixteen residents and is certified by the appropriate
State agency or agencies under regulations issued under section
1616(e) of the Social Security Act or under standards determined by
the Secretary to be comparable to standards implemented by appropriate State agencies under such section [(42 U.S.C. 1382e(e))],
meals prepared and served under such arrangement, (8) in the case
of women and children temporarily residing in public or private
nonprofit shelters for battered women and children, meals prepared
and served, by such shelters, and (9) in the case of households that
do not reside in permanent dwellings and households that have no
fixed mailing addresses, meals prepared for and served by a public
3–1 So

July 2, 2004

in original. Probably, ‘‘or are’’ should be ‘‘and’’.

Q:\COMP\FNS\FSA77

Sec. 3

FOOD STAMP ACT OF 1977

1–4

or private nonprofit establishment (approved by an appropriate
State or local agency) that feeds such individuals and by private establishments that contract with the appropriate agency of the State
to offer meals for such individuals at concessional prices.
(h) ‘‘Food stamp program’’ means the program operated pursuant to the provisions of this Act.
(i)(1) ‘‘Household’’ means—
(A) an individual who lives alone or who, while living with
others, customarily purchases food and prepares meals for
home consumption separate and apart from the others; or
(B) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption.
(2) Spouses who live together, parents and their children 21
years of age or younger who live together, and children (excluding
foster children) under 18 years of age who live with and are under
the parental control of a person other than their parent together
with the person exercising parental control 3–2 shall be treated as a
group of individuals who customarily purchase and prepare meals
together for home consumption even if they do not do so.
(3) Notwithstanding paragraphs (1) and (2), an individual who
lives with others, who is sixty years of age or older, and who is unable to purchase food and prepare meals because such individual
suffers, as certified by a licensed physician, from a disability which
would be considered a permanent disability under section 221(i) of
the Social Security Act (42 U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with any of the
others who is the spouse of such individual, an individual household, without regard to the purchase of food and preparation of
meals, if the income (as determined under section 5(d)) of the others, excluding the spouse, does not exceed the poverty line, as described in section 5(c)(1), by more than 65 per centum.
(4) In no event shall any individual or group of individuals constitute a household if they reside in an institution or boarding
house, or else live with others and pay compensation to the others
for meals.
(5) For the purposes of this subsection, the following persons
shall not be considered to be residents of institutions and shall be
considered to be individual households:
(A) Residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits under title I, II, X,
XIV, or XVI of the Social Security Act.
(B) Individuals described in paragraphs (2) through (7) of
subsection (r), who are residents in a public or private nonprofit group living arrangement that serves no more than sixteen residents and is certified by the appropriate State agency
or agencies under regulations issued under section 1616(e) of
the Social Security Act [(42 U.S.C. 1382e(e))] or under standards determined by the Secretary to be comparable to stand3–2 Effective September 1, 1994, section 13931(1)(B) of the Mickey Leland Childhood
Hunger Relief Act, P.L. 103–66, 107 Stat. 676, amended the first sentence of section 3(i)
by striking ‘‘, or (3) a parent of minor children and that parent’s children’’ and all that
follows through ‘‘parents and children, or siblings, who live together’’ and inserting ‘‘.
Spouses who live’’ and all that follows through ‘‘exercising parental control’’ as flush to
the left margin matter. The amendment was executed as a run-on amendment to effectuate the probable intent of Congress.

July 2, 2004

Q:\COMP\FNS\FSA77

1–5

FOOD STAMP ACT OF 1977

Sec. 3

ards implemented by appropriate State agencies under that
section.
(C) Temporary residents of public or private nonprofit shelters for battered women and children.
(D) Residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no
fixed mailing addresses, who are otherwise eligible for coupons.
(E) Narcotics addicts or alcoholics, together with their children, who live under the supervision of a private nonprofit institution, or a publicly operated community mental health center, for the purpose of regular participation in a drug or alcoholic treatment program.
(j) ‘‘Reservation’’ means the geographically defined area or
areas over which a tribal organization (as that term is defined in
subsection (p)) exercises governmental jurisdiction.
(k) ‘‘Retail food store’’ means—
(1) an establishment or house-to-house trade route that
sells food for home preparation and consumption and—
(A) offers for sale, on a continuous basis, a variety of
foods in each of the 4 categories of staple foods specified in
subsection (u)(1), including perishable foods in at least 2 of
the categories; or
(B) has over 50 percent of the total sales of the establishment or route in staple foods,
as determined by visual inspection, sales records, purchase
records, counting of stockkeeping units, or other inventory or
accounting recordkeeping methods that are customary or reasonable in the retail food industry;
(2) an establishment, organization, program, or group living arrangement referred to in subsections (g)(3), (4), (5), (7),
(8), and (9) 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, 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, 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
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 3

FOOD STAMP ACT OF 1977

1–6

for all households regardless of their actual composition, except that
the Secretary shall—
(1) make household-size adjustments (based on the
unrounded cost of such diet) taking into account economies of
scale;
(2) make cost adjustments in the thrifty food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost
of food in Hawaii and urban and rural Alaska;
(3) make cost adjustments in the separate thrifty food
plans for Guam, and the Virgin Islands of the United States to
reflect the cost of food in those States, but not to exceed the
cost of food in the fifty States and the District of Columbia; and
(4) on October 1, 1996, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar
increment for each household size, except that on October 1,
1996, the Secretary may not reduce the cost of the diet in effect
on September 30, 1996, and except that on October 1, 2003, in
the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect on September 30, 2002.
(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 tribe, band, or community holding a treaty with a State government.
(q) ‘‘Allowable medical expenses’’ means expenditures for (1)
medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a
household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed
practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner
or other qualified health professional, (4) health and hospitalization
insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [(42 U.S.C. 1395
et seq.)], (6) dentures, hearing aids, and prosthetics (including the
costs of securing and maintaining a seeing eye dog), (7) eye glasses
prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure
medical treatment or services, and (9) maintaining an attendant,
homemaker, home health aide, housekeeper, or child care services
due to age, infirmity, or illness.
(r) ‘‘Elderly or disabled member’’ means a member of a household who—
(1) is sixty years of age or older;
(2)(A) receives supplemental security income benefits under
title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or
Federally or State administered supplemental benefits of the
type described in section 212(a) of Public Law 93–66 (42 U.S.C.
1382 note), or
(B) receives Federally or State administered supplemental
assistance of the type described in section 1616(a) of the Social
Security Act (42 U.S.C. 1382e(a)), interim assistance pending
July 2, 2004

Q:\COMP\FNS\FSA77

1–7

FOOD STAMP ACT OF 1977

Sec. 3

receipt of supplemental security income, disability-related medical assistance under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or disability-based State general assistance benefits, if the Secretary determines that such benefits
are conditioned on meeting disability or blindness criteria at
least as stringent as those used under title XVI of the Social
Security Act;
(3) receives disability or blindness payments under title I,
II, X, XIV, or XVI of the Social Security Act (42 U.S.C. 301 et
seq.) or receives disability retirement benefits from a governmental agency because of a disability considered permanent
under section 221(i) of the Social Security Act (42 U.S.C.
421(i));
(4) is a veteran who—
(A) has a service-connected or non-service-connected
disability which is rated as total under title 38, United
States Code; or
(B) is considered in need of regular aid and attendance
or permanently housebound under such title;
(5) is a surviving spouse of a veteran and—
(A) is considered in need of regular aid and attendance
or permanently housebound under title 38, United States
Code; or
(B) is entitled to compensation for a service-connected
death or pension benefits for a non-service-connected death
under title 38, United States Code, and has a disability
considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i));
(6) is a child of a veteran and—
(A) is considered permanently incapable of self-support
under section 414 of title 38, United States Code; or
(B) is entitled to compensation for a service-connected
death or pension benefits for a non-service-connected death
under title 38, United States Code, and has a disability
considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); or
(7) is an individual receiving an annuity under section
2(a)(1)(iv) or 2(a)(1)(v) of the Railroad Retirement Act of 1974
(45 U.S.C. 231a(a)(1)(iv) or 231a(a)(1)(v)), if the individual’s
service as an employee under the Railroad Retirement Act of
1974, after December 31, 1936, had been included in the term
‘‘employment’’ as defined in the Social Security Act [(42 U.S.C.
301 et seq.)], and if an application for disability benefits had
been filed.
(s) ‘‘Homeless individual’’ means—
(1) an individual who lacks a fixed and regular nighttime
residence; or
(2) an individual who has a primary nighttime residence
that is—
(A) a supervised publicly or privately operated shelter
(including a welfare hotel or congregate shelter) designed
to provide temporary living accommodations;
(B) an institution that provides a temporary residence
for individuals intended to be institutionalized;
(C) a temporary accommodation for not more than 90
days in the residence of another individual; or
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 4

FOOD STAMP ACT OF 1977

1–8

(D) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for
human beings.
(t) ‘‘Access device’’ means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments,
benefits, money, goods, or other things of value, or that can be used
to initiate a transfer of funds under this Act.
(u)(1) Except as provided in paragraph (2), ‘‘staple foods’’ means
foods (as defined in subsection (g)) in the following categories:
(A) Meat, poultry, or fish.
(B) Bread or cereals.
(C) Vegetables or fruits.
(D) Dairy products.
(2) ‘‘Staple foods’’ do not include accessory food items, such as
coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices.
ESTABLISHMENT OF THE FOOD STAMP PROGRAM

SEC. 4. ø7 U.S.C. 2013¿ (a) Subject to the availability of funds
appropriated under 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, except
that a State may not participate in the food stamp program if the
Secretary determines that State or local sales taxes are collected
within that State on purchases of food made with coupons issued
under this Act. The coupons so received by such households 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 be redeemable
at face value by the Secretary through the facilities of the Treasury
of the United States.
(b) Distribution of commodities, with or without the food stamp
program, shall be made whenever a request for concurrent or separate food program operations, respectively, is made by a tribal organization. In the event of distribution on all or part of an Indian reservation, the appropriate agency of the State government in the
area involved shall be responsible for such distribution, except that,
if the Secretary determines that the tribal organization is capable
of effectively and efficiently administering such distribution, then
such tribal organizations shall administer such distribution: Provided, That the Secretary shall not approve any plan for such distribution which permits any household on any Indian reservation to
participate simultaneously in the food stamp program and the distribution of federally donated foods. The Secretary is authorized to
pay such amounts for administrative costs of such distribution on
Indian reservations as the Secretary finds necessary for effective
administration of such distribution by a State agency or tribal organization.
(c) The Secretary shall issue such regulations consistent with
this 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.
July 2, 2004

Q:\COMP\FNS\FSA77

1–9

FOOD STAMP ACT OF 1977

Sec. 5

In addition, prior to issuing any regulation, the Secretary shall provide the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a copy of the regulation with a detailed statement justifying
it.
ELIGIBLE HOUSEHOLDS

SEC. 5. ø7 U.S.C. 2014¿ (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. Notwithstanding any other provisions
of this Act except sections 6(b), 6(d)(2), and 6(g) and section 3(i)(4),
households in which each member receives benefits under a State
program funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), supplemental security income benefits
under title XVI of the Social Security Act [(42 U.S.C. 1381 et seq.)],
or aid to the aged, blind, or disabled under title I, X, XIV, or XVI
of the Social Security Act [(42 U.S.C. 301 et seq.)], shall be eligible
to participate in the food stamp program. Except for sections 6,
16(e)(1), and section 3(i)(4), households in which each member receives benefits under a State or local general assistance program
that complies with standards established by the Secretary for ensuring that the program is based on income criteria comparable to
or more restrictive than those under subsection (c)(2), and not limited to one-time emergency payments that cannot be provided for
more than one consecutive month, shall be eligible to participate in
the food stamp program. Assistance under this program shall be
furnished to all eligible households who make application for such
participation.
(b) ELIGIBILITY STANDARDS.—Except as otherwise provided in
this Act, the Secretary shall establish uniform national standards
of eligibility (other than the income standards for Alaska, Hawaii,
Guam, and the Virgin Islands of the United States established in
accordance with subsections (c) and (e) of this section) for participation by households in the food stamp program in accordance with
the provisions of this section. No plan of operation submitted by a
State agency shall be approved unless the standards of eligibility
meet those established by the Secretary, and no State agency shall
impose any other standards of eligibility as a condition for participating in the program.
(c) The income standards of eligibility shall be adjusted each
October 1 and shall provide that a household shall be ineligible to
participate in the food stamp program if—
(1) the household’s income (after the exclusions and deductions provided for in subsections (d) and (e)) exceeds the poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), for the forty-eight contiguous States and the District of Columbia, Alaska, Hawaii,
the Virgin Islands of the United States, and Guam, respectively; and
(2) in the case of a household that does not include an elderly or disabled member, the household’s income (after the exclusions provided for in subsection (d) but before the deductions
provided for in subsection (e)) exceeds such poverty line by
more than 30 per centum.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–10

In no event shall the standards of eligibility for the Virgin Islands
of the United States or Guam exceed those in the forty-eight contiguous States.
(d) 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 (notwithstanding its conversion in whole or in
part to direct payments to households pursuant to any demonstration project carried out or authorized under Federal law including
demonstration projects created by the waiver of provisions of Federal law), except as provided in subsection (k), (2) any income in the
certification period which is received too infrequently or irregularly
to be reasonably anticipated, but not in excess of $30 in a quarter,
subject to modification by the Secretary in light of subsection (f), (3)
all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like (A)
awarded to a household member enrolled at a recognized institution
of post-secondary education, at a school for the handicapped, in a
vocational education program, or in a program that provides for
completion of a secondary school diploma or obtaining the equivalent thereof, (B) to the extent that they do not exceed the amount
used for or made available as an allowance determined by such
school, institution, program, or other grantor, for tuition and mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study
involved), books, supplies, transportation, and other miscellaneous
personal expenses (other than living expenses), of the student incidental to attending such school, institution, or program, and (C) to
the extent loans include any origination fees and insurance premiums, (4) all loans other than educational loans on which repayment is deferred, (5) reimbursements which do not exceed expenses
actually incurred and which do not represent a gain or benefit to
the household and any allowance a State agency provides no more
frequently than annually to families with children on the occasion
of those children’s entering or returning to school or child care for
the purpose of obtaining school clothes (except that no such allowance shall be excluded if the State agency reduces monthly assistance under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) in the month for which
the allowance is provided): Provided, That no portion of benefits
provided under title IV–A of the Social Security Act [(42 U.S.C. 601
et seq.)], to the extent it is attributable to an adjustment for workrelated or child care expenses (except for payments or reimbursements for such expenses made under an employment, education, or
training program initiated under such title after the date of enactment of the Hunger Prevention Act of 1988 [September 19, 1988]),
and no portion of any educational loan on which payment is deferred, grant, scholarship, fellowship, veterans’ benefits, and the
like that are provided for living expenses, shall be considered such
reimbursement, (6) moneys received and used for the care and
maintenance of a third-party beneficiary who is not a household
member, and child support payments made by a household member
to or for an individual who is not a member of the household if the
household member is legally obligated to make the payments, (7)
income earned by a child who is a member of the household, who
is an elementary or secondary school student, and who is 17 years
July 2, 2004

Q:\COMP\FNS\FSA77

1–11

FOOD STAMP ACT OF 1977

Sec. 5

of age or younger, (8) moneys received in the form of nonrecurring
lump-sum payments, including, but not limited to, income tax refunds, rebates, or credits, cash donations based on need that are received from one or more private nonprofit charitable organizations,
but not in excess of $300 in the aggregate in a quarter, retroactive
lump-sum social security or railroad retirement pension payments
and retroactive lump-sum insurance settlements: Provided, That
such payments shall be counted as resources, unless specifically excluded by other laws, (9) the cost of producing self-employed income, but household income that otherwise is included under this
subsection shall be reduced by the extent that the cost of producing
self-employment income exceeds the income derived from self-employment as a farmer, (10) any income that any other Federal law
specifically excludes from consideration as income for purposes of
determining eligibility for the food stamp program except as otherwise provided in subsection (k) of this section, (11)(A) any payments
or allowances made for the purpose of providing energy assistance
under any Federal law (other than part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)), or (B) a 1-time payment or allowance made under a Federal or State law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device, (12) through September 30 of any fiscal year, any increase in income attributable to
a cost-of-living adjustment made on or after July 1 of such fiscal
year under title II or XVI of the Social Security Act (42 U.S.C. 401
et seq.), section 3(a)(1) of the Railroad Retirement Act of 1974 (45
U.S.C. 231b(a)(1)), or section 3112 of title 38, United States Code,
if the household was certified as eligible to participate in the food
stamp program or received an allotment in the month immediately
preceding the first month in which the adjustment was effective,
(13) any payment made to the household under section 3507 of the
Internal Revenue Code of 1986 (relating to advance payment of
earned income credit), (14) any payment made to the household
under section 6(d)(4)(I) for work related expenses or for dependent
care, (15) any amounts necessary for the fulfillment of a plan for
achieving self-support of a household member as provided under
subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)), (16) at the option of the State
agency, any educational loans on which payment is deferred,
grants, scholarships, fellowships, veterans’ educational benefits, and
the like (other than loans, grants, scholarships, fellowships, veterans’ educational benefits, and the like excluded under paragraph
(3)), to the extent that they are required to be excluded under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), (17) at the
option of the State agency, any State complementary assistance
program payments that are excluded for the purpose of determining
eligibility for medical assistance under section 1931 of the Social
Security Act (42 U.S.C. 1396u–1), and (18) at the option of the
State agency, any types of income that the State agency does not
consider when determining eligibility for (A) cash assistance under
a program funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) or the amount of such assistance, or (B)
medical assistance under section 1931 of the Social Security Act (42
U.S.C. 1396u–1), except that this paragraph does not authorize a
State agency to exclude wages or salaries, benefits under title I, II,
IV, X, XIV, or XVI of the Social Security Act (42 U.S.C. 301 et seq.),
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–12

regular payments from a government source (such as unemployment benefits and general assistance), worker’s compensation, child
support payments made to a household member by an individual
who is legally obligated to make the payments, or such other types
of income the consideration of which the Secretary determines by
regulation to be essential to equitable determinations of eligibility
and benefit levels.
(e) DEDUCTIONS FROM INCOME.—
(1) STANDARD DEDUCTION.—
(A) IN GENERAL.—
(i) DEDUCTION.—The Secretary shall allow a
standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska,
Hawaii, and the Virgin Islands of the United States in
an amount that is—
(I) equal to 8.31 percent of the income standard of eligibility established under subsection
(c)(1); but
(II) not more than 8.31 percent of the income
standard of eligibility established under subsection
(c)(1) for a household of 6 members.
(ii) MINIMUM AMOUNT.—Notwithstanding clause
(i), the standard deduction for each household in the
48 contiguous States and the District of Columbia,
Alaska, Hawaii, and the Virgin Islands of the United
States shall be not less than $134, $229, $189, and
$118, respectively.
(B) GUAM.—
(i) IN GENERAL.—The Secretary shall allow a
standard deduction for each household in Guam in an
amount that is—
(I) equal to 8.31 percent of twice the income
standard of eligibility established under subsection
(c)(1) for the 48 contiguous States and the District
of Columbia; but
(II) not more than 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) for the 48 contiguous States and the
District of Columbia for a household of 6 members.
(ii) MINIMUM AMOUNT.—Notwithstanding clause
(i), the standard deduction for each household in Guam
shall be not less than $269.
(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
July 2, 2004

Q:\COMP\FNS\FSA77

1–13

FOOD STAMP ACT OF 1977

Sec. 5

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.—In lieu of providing an exclusion for
legally obligated child support payments made by a household member under subsection (d)(6), a State agency may
elect to provide a deduction for the amount of the payments.
(B) ORDER OF DETERMINING DEDUCTIONS.—A deduction
under this paragraph shall be determined before the computation of the excess shelter expense deduction under
paragraph (6).
(5) EXCESS MEDICAL EXPENSE DEDUCTION.—
(A) IN GENERAL.—A household containing an elderly or
disabled member shall be entitled, with respect to expenses
other than expenses paid on behalf of the household by a
third party, to an excess medical expense deduction for the
portion of the actual costs of allowable medical expenses,
incurred by the elderly or disabled member, exclusive of
special diets, that exceeds $35 per month.
(B) METHOD OF CLAIMING DEDUCTION.—
(i) IN GENERAL.—A State agency shall offer an eligible household under subparagraph (A) a method of
claiming a deduction for recurring medical expenses
that are initially verified under the excess medical expense deduction in lieu of submitting information on,
or verification of, actual expenses on a monthly basis.
(ii) METHOD.—The method described in clause (i)
shall—
(I) be designed to minimize the burden for the
eligible elderly or disabled household member
choosing to deduct the recurrent medical expenses
of the member pursuant to the method;
(II) rely on reasonable estimates of the expected medical expenses of the member for the certification period (including changes that can be
reasonably anticipated based on available informaJuly 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–14

tion about the medical condition of the member,
public or private medical insurance coverage, and
the current verified medical expenses incurred by
the member); and
(III) not require further reporting or
verification of a change in medical expenses if such
a change has been anticipated for the certification
period.
(6) EXCESS SHELTER EXPENSE DEDUCTION.—
(A) IN GENERAL.—A household shall be entitled, with
respect to expenses other than expenses paid on behalf of
the household by a third party, to an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal
to 50 percent of monthly household income after all other
applicable deductions have been allowed.
(B) MAXIMUM AMOUNT OF DEDUCTION.—In the case of
a household that does not contain an elderly or disabled individual, in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of
the United States, the excess shelter expense deduction
shall not exceed—
(i) for the period beginning on the date of enactment of this subparagraph [August 22, 1996] and ending on December 31, 1996, $247, $429, $353, $300, and
$182 per month, respectively;
(ii) for the period beginning on January 1, 1997,
and ending on September 30, 1998, $250, $434, $357,
$304, and $184 per month, respectively;
(iii) for fiscal year 1999, $275, $478, $393, $334,
and $203 per month, respectively;
(iv) for fiscal year 2000, $280, $483, $398, $339,
and $208 per month, respectively;
(v) for fiscal year 2001, $340, $543, $458, $399,
and $268 per month, respectively; and
(vi) for fiscal year 2002 and each subsequent fiscal
year, the applicable amount during the preceding fiscal
year, as adjusted to reflect changes for the 12-month
period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.
(C) STANDARD UTILITY ALLOWANCE.—
(i) IN GENERAL.—In computing the excess shelter
expense deduction, a State agency may use a standard
utility allowance in accordance with regulations promulgated by the Secretary, except that a State agency
may use an allowance that does not fluctuate within a
year to reflect seasonal variations.
(ii) RESTRICTIONS ON HEATING AND COOLING EXPENSES.—An allowance for a heating or cooling expense may not be used in the case of a household
that—
(I) does not incur a heating or cooling expense,
as the case may be;
July 2, 2004

Q:\COMP\FNS\FSA77

1–15

FOOD STAMP ACT OF 1977

Sec. 5

(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 (without regard to
subclause (III)) that the standards will not result in an increased cost to the Secretary.
(II) HOUSEHOLD ELECTION.—A State agency
that has not made the use of a standard utility allowance mandatory under subclause (I) shall allow
a household to switch, at the end of a certification
period, between the standard utility allowance and
a deduction based on the actual utility costs of the
household.
(III) INAPPLICABILITY OF CERTAIN RESTRICTIONS.—Clauses (ii)(II) and (ii)(III) shall not apply
in the case of a State agency that has made the
use of a standard utility allowance mandatory
under subclause (I).
(iv) AVAILABILITY OF ALLOWANCE TO RECIPIENTS OF
ENERGY ASSISTANCE.—
(I) IN GENERAL.—Subject to subclause (II), if a
State agency elects to use a standard utility allowance that reflects heating or cooling costs, the
standard utility allowance shall be made available
to households receiving a payment, or on behalf of
which a payment is made, under the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.) or other similar energy assistance
program, if the household still incurs out-of-pocket
heating or cooling expenses in excess of any assistance paid on behalf of the household to an energy
provider.
(II) SEPARATE ALLOWANCE.—A State agency
may use a separate standard utility allowance for
households on behalf of which a payment described in subclause (I) is made, but may not be
required to do so.
(III) STATES NOT ELECTING TO USE SEPARATE
ALLOWANCE.—A State agency that does not elect to
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–16

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.
(D) HOMELESS HOUSEHOLDS.—
(i) ALTERNATIVE DEDUCTION.—In lieu of the deduction provided under subparagraph (A), a State agency
may elect to allow a household in which all members
are homeless individuals, but that is not receiving free
shelter throughout the month, to receive a deduction of
$143 per month.
(ii) INELIGIBILITY.—The State agency may make a
household with extremely low shelter costs ineligible
for the alternative deduction under clause (i).
(f)(1)(A) Household income for those households that, by contract for other than an hourly or piecework basis or by self-employment, derive their annual income in a period of time shorter than
one year shall be calculated by averaging such income over a
twelve-month period. Notwithstanding the preceding sentence,
household income resulting from the self-employment of a member
in a farming operation, who derives income from such farming operation and who has irregular expenses to produce such income, may,
at the option of the household, be calculated by averaging such income and expenses over a 12-month period. Notwithstanding the
first sentence, if the averaged amount does not accurately reflect
the household’s actual monthly circumstances because the household has experienced a substantial increase or decrease in business
earnings, the State agency shall calculate the self-employment income based on anticipated earnings.
(B) Household income for those households that receive nonexcluded income of the type described in subsection (d)(3) of this
section shall be calculated by averaging such income over the period
for which it is received.
(C) SIMPLIFIED DETERMINATION OF DEDUCTIONS.—
(i) IN GENERAL.—Except as provided in clause (ii),
for the purposes of subsection (e), a State agency may
elect to disregard until the next recertification of eligibility under section 11(e)(4) 1 or more types of changes
in the circumstances of a household that affect the
amount of deductions the household may claim under
subsection (e).
(ii) CHANGES THAT MAY NOT BE DISREGARDED.—
Under clause (i), a State agency may not disregard—
(I) any reported change of residence; or
July 2, 2004

Q:\COMP\FNS\FSA77

1–17

FOOD STAMP ACT OF 1977

Sec. 5

(II) under standards prescribed by the Secretary, any change in earned income.
(2)(A) Except as provided in subparagraphs (B), (C), and (D),
households shall have their incomes calculated on a prospective
basis, as provided in paragraph (3)(A), or, at the option of the State
agency, on a retrospective basis, as provided in paragraph (3)(B).
(B) In the case of the first month, or at the option of the State,
the first and second months, during a continuous period in which
a household is certified, the State agency shall determine eligibility
and the amount of benefits on the basis of the household’s income
and other relevant circumstances in such first or second month.
(C) Households specified in clauses (i), (ii), and (iii) of section
6(c)(1)(A) shall have their income calculated on a prospective basis,
as provided in paragraph (3)(A).
(D) Except as provided in subparagraph (B), households required to submit monthly reports of their income and household circumstances under section 6(c)(1) shall have their income calculated
on a retrospective basis, as provided in paragraph (3)(B).
(3)(A) Calculation of household income on a prospective basis is
the calculation of income on the basis of the income reasonably anticipated to be received by the household during the period for
which eligibility or benefits are being determined. Such calculation
shall be made in accordance with regulations prescribed by the Secretary which shall provide for taking into account both the income
reasonably anticipated to be received by the household during the
period for which eligibility or benefits are being determined and the
income received by the household during the preceding thirty days.
(B) Calculation of household income on a retrospective basis is
the calculation of income for the period for which eligibility or benefits are being determined on the basis of income received in a previous period. Such calculation shall be made in accordance with regulations prescribed by the Secretary which may provide for the determination of eligibility on a prospective basis in some or all cases
in which benefits are calculated under this paragraph. Such regulations shall provide for supplementing the initial allotments of newly
applying households in those cases in which the determination of
income under this paragraph causes serious hardship.
(4) In promulgating regulations under this subsection, the Secretary shall consult with the Secretary of Health and Human Services in order to assure that, to the extent feasible and consistent
with the purposes of this Act and the Social Security Act [(42
U.S.C. 301 et seq.)], the income of households receiving benefits
under this Act and title IV–A of the Social Security Act [(42 U.S.C.
601 et seq.)]is calculated on a comparable basis under the two Acts.
The Secretary is authorized, upon the request of a State agency, to
waive any of the provisions of this subsection (except the provisions
of paragraph (2)(A)) to the extent necessary to permit the State
agency to calculate income for purposes of this Act on the same
basis that income is calculated under title IV–A of the Social Security Act [(42 U.S.C. 601 et seq.)]in that State.
(g)(1) The Secretary shall prescribe the types and allowable
amounts of financial resources (liquid and nonliquid assets) an eligible household may own, and shall, in so doing, assure that a
household otherwise eligible to participate in the food stamp program will not be eligible to participate if its resources exceed
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–18

$2,000, or, in the case of a household which consists of or includes
an elderly or disabled member, if its resources exceed $3,000.
(2) INCLUDED ASSETS.—
(A) IN GENERAL.—Subject to the other provisions of
this paragraph, the Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow
the regulations in force as of June 1, 1982 (other than
those relating to licensed vehicles and inaccessible resources).
(B) ADDITIONAL INCLUDED ASSETS.—The Secretary
shall include in financial resources—
(i) any boat, snowmobile, or airplane used for recreational purposes;
(ii) any vacation home;
(iii) any mobile home used primarily for vacation
purposes;
(iv) subject to subparagraphs (C) and (D), any licensed vehicle that is used for household transportation or to obtain or continue employment to the extent that the fair market value of the vehicle exceeds
$4,650;
(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 under this
paragraph if the vehicle is—
(i) used to produce earned income;
(ii) necessary for the transportation of a physically
disabled household member; or
(iii) depended on by a household to carry fuel for
heating or water for home use and provides the primary source of fuel or water, respectively, for the
household.
(D) ALTERNATIVE VEHICLE ALLOWANCE.—If the vehicle
allowance standards that a State agency uses to determine
eligibility for assistance under the State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) would result in a lower attribution of
resources to certain households than under subparagraph
(B)(iv), in lieu of applying subparagraph (B)(iv), the State
agency may elect to apply the State vehicle allowance
standards to all households that would incur a lower attribution of resources under the State vehicle allowance
standards.
(3) The Secretary shall exclude from financial resources the
value of a burial plot for each member of a household and nonliquid
resources necessary to allow the household to carry out a plan for
self-sufficiency approved by the State agency that constitutes adequate participation in an employment and training program under
section 6(d). The Secretary shall also exclude from financial resources any earned income tax credits received by any member of
the household for a period of 12 months from receipt if such member was participating in the food stamp program at the time the
July 2, 2004

Q:\COMP\FNS\FSA77

1–19

FOOD STAMP ACT OF 1977

Sec. 5

credits were received and participated in such program continuously during the 12-month period. 5–1
(4) In the case of farm property (including land, equipment, and
supplies) that is essential to the self-employment of a household
member in a farming operation, the Secretary shall exclude from financial resources the value of such property until the expiration of
the 1-year period beginning on the date such member ceases to be
self-employed in farming.
(5) The Secretary shall promulgate rules by which State agencies shall develop standards for identifying kinds of resources that,
as a practical matter, the household is unlikely to be able to sell
for any significant return because the household’s interest is relatively slight or because the cost of selling the household’s interest
would be relatively great. Resources so identified shall be excluded
as inaccessible resources. A resource shall be so identified if its sale
or other disposition is unlikely to produce any significant amount
of funds for the support of the household. The Secretary shall not
require the State agency to require verification of the value of a resource to be excluded under this paragraph unless the State agency
determines that the information provided by the household is questionable.
(6) EXCLUSION OF TYPES OF FINANCIAL RESOURCES NOT CONSIDERED UNDER CERTAIN OTHER FEDERAL PROGRAMS.—
(A) IN GENERAL.—Subject to subparagraph (B), a State
agency may, at the option of the State agency, exclude from
financial resources under this subsection any types of financial resources that the State agency does not consider
when determining eligibility for—
(i) cash assistance under a program funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); or
(ii) medical assistance under section 1931 of the
Social Security Act (42 U.S.C. 1396u–1).
(B) LIMITATIONS.—Except to the extent that any of the
types of resources specified in clauses (i) through (iv) are
excluded under another paragraph of this subsection, subparagraph (A) does not authorize a State agency to
exclude—
(i) cash;
(ii) licensed vehicles;
(iii) amounts in any account in a financial institution that are readily available to the household; or
(iv) any other similar type of resource the inclusion in financial resources of which the Secretary determines by regulation to be essential to equitable determinations of eligibility under the food stamp program.
(h)(1) The Secretary shall, after consultation with the official
empowered to exercise the authority provided for by sections 402
and 502 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), establish temporary emergency standards of eligibility for the duration of the emergency for
5–1 Effective September 1, 1994, section 13913 of the Mickey Leland Childhood Hunger
Relief Act, P.L. 103–66, 107 Stat. 673, amended section 5(g)(3) by adding this sentence.
Section 13913 of such Act added the new sentence as a flush left margin sentence, but
the amendment was added as a run-on sentence to effectuate the probable intent of Congress.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–20

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—
(A) establish a Food Stamp Disaster Task Force to assist
States in implementing and operating the disaster program and
the regular food stamp program in the disaster area; and
(B) if the Secretary, in the Secretary’s discretion, determines that it is cost-effective to send members of the Task
Force to the disaster area, the Secretary shall send them to
such area as soon as possible after the disaster occurs to provide direct assistance to State and local officials.
(3)(A) The Secretary shall provide, by regulation, for emergency
allotments to eligible households to replace food destroyed in a disaster. The regulations shall provide for replacement of the value of
food actually lost up to a limit approved by the Secretary not greater than the applicable maximum monthly allotment for the household size.
(B) The Secretary shall adjust issuance methods and reporting
and other application requirements to be consistent with what is
practicable under actual conditions in the affected area. In making
this adjustment, the Secretary shall consider the availability of the
State agency’s offices and personnel, any conditions that make reliance on electronic benefit transfer systems described in section 7(i)
impracticable, and any damage to or disruption of transportation
and communication facilities.
(i)(1) For purposes of determining eligibility for and the amount
of benefits under this Act for an individual who is an alien as described in section 6(f)(2)(B) of this Act, the income and resources of
any person who as a sponsor of such individual’s entry into the
United States executed an affidavit of support or similar agreement
with respect to such individual, and the income and resources of the
sponsor’s spouse if such spouse is living with the sponsor, shall be
deemed to be the income and resources of such individual for a period of three years after the individual’s entry into the United
States. Any such income deemed to be income of such individual
shall be treated as unearned income of such individual.
(2)(A) The amount of income of a sponsor, and the sponsor’s
spouse if living with the sponsor, which shall be deemed to be the
unearned income of an alien for any year shall be determined as
follows:
(i) the total yearly rate of earned and unearned income of
such sponsor, and such sponsor’s spouse if such spouse is living
with the sponsor, shall be determined for such year under rules
prescribed by the Secretary;
(ii) the amount determined under clause (i) of this subparagraph shall be reduced by an amount equal to the income eligibility standard as determined under section 5(c) of this Act for
a household equal in size to the sponsor, the sponsor’s spouse
if living with the sponsor, and any persons dependent upon or
July 2, 2004

Q:\COMP\FNS\FSA77

1–21

FOOD STAMP ACT OF 1977

Sec. 5

receiving support from the sponsor or the sponsor’s spouse if
the spouse is living with the sponsor; and
(iii) the monthly income attributed to such alien shall be
one-twelfth of the amount calculated under clause (ii) of this
subparagraph.
(B) The amount of resources of a sponsor, and the sponsor’s
spouse if living with the sponsor, which shall be deemed to be the
resources of an alien for any year shall be determined as follows:
(i) the total amount of the resources of such sponsor and
such sponsor’s spouse if such spouse is living with the sponsor
shall be determined under rules prescribed by the Secretary;
(ii) the amount determined under clause (i) of this subparagraph shall be reduced by $1,500; and
(iii) the resources determined under clause (ii) of this subparagraph shall be deemed to be resources of such alien in addition to any resources of such alien.
(C)(i) Any individual who is an alien shall, during the period
of three years after entry into the United States, in order to be an
eligible individual or eligible spouse for purposes of this Act, be required to provide to the State agency such information and documentation with respect to the alien’s sponsor and sponsor’s spouse
as may be necessary in order for the State agency to make any determination required under this section, and to obtain any cooperation from such sponsor necessary for any such determination. Such
alien shall also be required to provide such information and documentation which such alien or the sponsor provided in support of
such alien’s immigration application as the State agency may request.
(ii) The Secretary shall enter into agreements with the Secretary of State and the Attorney General whereby any information
available to such persons and required in order to make any determination under this section will be provided by such persons to the
Secretary, and whereby such persons shall inform any sponsor of an
alien, at the time such sponsor executes an affidavit of support or
similar agreement, of the requirements imposed by this section.
(D) Any sponsor of an alien, and such alien, shall be jointly and
severably liable for an amount equal to any overpayment made to
such alien during the period of three years after such alien’s entry
into the United States, on account of such sponsor’s failure to provide correct information under the provisions of this section, except
where such sponsor was without fault, or where good cause for such
failure existed. Any such overpayment which is not repaid shall be
recovered in accordance with the provisions of section 13(b)(2) 5–2 of
this Act.
(E) The provisions of this subsection shall not apply with respect to any alien who is a member of the sponsor’s household, as
defined in section 3(i) of this Act, or to any alien who is under 18
years of age.
(j) Notwithstanding subsections (a) through (i), a State agency
shall consider a household member who receives supplemental security income benefits under title XVI of the Social Security Act (42
U.S.C. 1382 et seq.), aid to the aged, blind, or disabled under title
I, II, X, XIV, or XVI of such Act (42 U.S.C. 301 et seq.), or who receives benefits under a State program funded under part A of title
5–2 So

July 2, 2004

in original. Probably, ‘‘section 13(b)(2)’’ should be ‘‘section 13(b)’’.

Q:\COMP\FNS\FSA77

Sec. 5

FOOD STAMP ACT OF 1977

1–22

IV of the Act (42 U.S.C. 601 et seq.) to have satisfied the resource
limitations prescribed under subsection (g).
(k)(1) For purposes of subsection (d)(1), except as provided in
paragraph (2), assistance provided to a third party on behalf of a
household by a State or local government shall be considered money
payable directly to the household if the assistance is provided in
lieu of—
(A) a regular benefit payable to the household for living expenses under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.); or
(B) a benefit payable to the household for housing expenses
under—
(i) a State or local general assistance program; or
(ii) another basic assistance program comparable to
general assistance (as determined by the Secretary).
(2) Paragraph (1) shall not apply to—
(A) medical assistance;
(B) child care assistance;
(C) a payment or allowance described in subsection (d)(11);
(D) assistance provided by a State or local housing authority;
(E) emergency assistance for migrant or seasonal farmworker households during the period such households are in
the job stream;
(F) emergency and special assistance, to the extent excluded in regulations prescribed by the Secretary; or
(G) assistance provided to a third party on behalf of a
household under a State or local general assistance program, or
another local basic assistance program comparable to general
assistance (as determined by the Secretary), if, under State
law, no assistance under the program may be provided directly
to the household in the form of a cash payment.
(3) For purposes of subsection (d)(1), educational loans on
which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like that are provided to a third
party on behalf of a household for living expenses shall be treated
as money payable directly to the household.
(4) THIRD PARTY ENERGY ASSISTANCE PAYMENTS.—
(A) ENERGY ASSISTANCE PAYMENTS.—For purposes of
subsection (d)(1), a payment made under a State law (other
than a law referred to in paragraph (2)(H)) 5–3 to provide
energy assistance to a household shall be considered money
payable directly to the household.
(B) ENERGY ASSISTANCE EXPENSES.—For purposes of
subsection (e)(6), an expense paid on behalf of a household
under a State law to provide energy assistance shall be
considered an out-of-pocket expense incurred and paid by
the household.
(l) Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998 ø(29 U.S.C. 2931(a)(2))¿, earnings to individuals
participating in on-the-job training under title I of the Workforce
Investment Act of 1998 ø(29 U.S.C. 2801 et seq.) shall be considered earned income for purposes of the food stamp program, except
for dependents less than 19 years of age.
5–3 So

July 2, 2004

in original. Probably, ‘‘paragraph (2)(H)’’ should be ‘‘paragraph (2)(G)’’.

Q:\COMP\FNS\FSA77

1–23

FOOD STAMP ACT OF 1977

Sec. 6

(m) 5–4 SIMPLIFIED CALCULATION OF INCOME FOR THE SELF-EMPLOYED.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection [August 22, 1996], the Secretary
shall establish a procedure by which a State may submit a
method, designed to not increase Federal costs, for the approval
of the Secretary, that the Secretary determines will produce a
reasonable estimate of income excluded under subsection (d)(9)
in lieu of calculating the actual cost of producing self-employment income.
(2) INCLUSIVE OF ALL TYPES OF INCOME OR LIMITED TYPES
OF INCOME.—The method submitted by a State under paragraph (1) may allow a State to estimate income for all types of
self-employment income or may be limited to 1 or more types
of self-employment income.
(3) DIFFERENCES FOR DIFFERENT TYPES OF INCOME.—The
method submitted by a State under paragraph (1) may differ
for different types of self-employment income.
(n) STATE OPTIONS TO SIMPLIFY DETERMINATION OF CHILD SUPPORT PAYMENTS.—Regardless of whether a State agency elects to
provide a deduction under subsection (e)(4), the Secretary shall establish simplified procedures to allow State agencies, at the option
of the State agencies, to determine the amount of any legally obligated child support payments made, including procedures to allow
the State agency to rely on information from the agency responsible
for implementing the program under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) concerning payments made in
prior months in lieu of obtaining current information from the
households.
ELIGIBILITY DISQUALIFICATIONS

SEC. 6. ø7 U.S.C. 2015¿ (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)(1) Any person who has been found by any State or Federal
court or administrative agency to have intentionally (A) made a
false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of
this Act, the regulations issued thereunder, or any State statute, for
the purpose of using, presenting, transferring, acquiring, receiving,
or possessing coupons or authorization cards shall, immediately
upon the rendering of such determination, become ineligible for further participation in the program—
(i) for a period of 1 year upon the first occasion of any such
determination;
(ii) for a period of 2 years upon—
(I) the second occasion of any such determination; or
(II) the first occasion of a finding by a Federal, State,
or local court of the trading of a controlled substance (as
5–4 Effective August 22, 1996, section 812 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104–193) added subsec. (m) (relating to simplified calculation of income for the self-employed). Effective July 1, 1997, section 109(a)(4)
of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104–
193) struck subsec. (m). The first subsec. (m) was struck to effectuate the probable intent
of Congress.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–24

defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for coupons; and
(iii) permanently upon—
(I) the third occasion of any such determination;
(II) the second occasion of a finding by a Federal,
State, or local court of the trading of a controlled substance
(as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)) for coupons;
(III) the first occasion of a finding by a Federal, State,
or local court of the trading of firearms, ammunition, or explosives for coupons; or
(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.
During the period of such ineligibility, no household shall receive
increased benefits under this Act as the result of a member of such
household having been disqualified under this subsection.
(2) Each State agency shall proceed against an individual alleged to have engaged in such activity either by way of administrative hearings, after notice and an opportunity for a hearing at the
State level, or by referring such matters to appropriate authorities
for civil or criminal action in a court of law.
(3) Such periods of ineligibility as are provided for in paragraph
(1) of this subsection shall remain in effect, without possibility of
administrative stay, unless and until the finding upon which the ineligibility is based is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of ineligibility
be subject to review.
(4) The Secretary shall prescribe such regulations as the Secretary may deem appropriate to ensure that information concerning
any such determination with respect to a specific individual is forwarded to the Office of the Secretary by any appropriate State or
Federal entity for the use of the Secretary in administering the provisions of this section. No State shall withhold such information
from the Secretary or the Secretary’s designee for any reason whatsoever.
(c) Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section
11(s), 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.
(1)(A) A State agency may require certain categories of
households to file periodic reports of income and household circumstances in accordance with standards prescribed by the
Secretary, except that a State agency may not require periodic
reporting by—
(i) migrant or seasonal farmworker households;
(ii) households in which all members are homeless individuals; or
(iii) households that have no earned income and in
which all adult members are elderly or disabled.
(B) Each household that is not required to file such periodic reports shall be required to report or cause to be reported
to the State agency changes in income or household cirJuly 2, 2004

Q:\COMP\FNS\FSA77

1–25

FOOD STAMP ACT OF 1977

Sec. 6

cumstances that the Secretary considers necessary to assure accurate eligibility and benefit determinations.
(C) A State agency may require periodic reporting on a
monthly basis by households residing on a reservation only if—
(i) the State agency reinstates benefits, without requiring a new application, for any household residing on a reservation that submits a report not later than 1 month after
the end of the month in which benefits would otherwise be
provided;
(ii) the State agency does not delay, reduce, suspend,
or terminate the allotment of a household that submits a
report not later than 1 month after the end of the month
in which the report is due;
(iii) on the date of enactment of this subparagraph, the
State agency requires households residing on a reservation
to file periodic reports on a monthly basis; and
(iv) the certification period for households residing on
a reservation that are required to file periodic reports on
a monthly basis is 2 years, unless the State demonstrates
just cause to the Secretary for a shorter certification period.
(D) FREQUENCY OF REPORTING.—
(i) IN GENERAL.—Except as provided in subparagraphs (A) and (C), a State agency may require households that report on a periodic basis to submit
reports—
(I) not less often than once each 6 months; but
(II) not more often than once each month.
(ii) REPORTING BY HOUSEHOLDS WITH EXCESS INCOME.—A household required to report less often than
once each 3 months shall, notwithstanding subparagraph (B), report in a manner prescribed by the Secretary if the income of the household for any month exceeds the income standard of eligibility established
under section 5(c)(2).
(2) Any household required to file a periodic report under
paragraph (1) of this subsection shall, (A) if it is eligible to participate and has filed a timely and complete report, receive its
allotment, based on the reported information for a given month,
within thirty days of the end of that month unless the Secretary determines that a longer period of time is necessary, (B)
have available special procedures that permit the filing of the
required information in the event all adult members of the
household are mentally or physically handicapped or lacking in
reading or writing skills to such a degree as to be unable to fill
out the required forms, (C) have a reasonable period of time
after the close of the month in which to file their reports on
State agency designed forms, (D) be afforded prompt notice of
failure to file any report timely or completely, and given a reasonable opportunity to cure that failure (with any applicable
time requirements extended accordingly) and to exercise its
rights under section 11(e)(10) of this Act, and (E) be provided
each month (or other applicable period) with an appropriate,
simple form for making the required reports of the household
together with clear instructions explaining how to complete the
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–26

form and the rights and responsibilities of the household under
any periodic reporting system.
(3) Reports required to be filed under paragraph (1) of this
subsection shall be considered complete if they contain the information relevant to eligibility and benefit determinations that
is specified by the State agency. All report forms, including
those related to periodic reports of circumstances, shall contain
a description, in understandable terms in prominent and bold
face lettering, of the appropriate civil and criminal provisions
dealing with violations of this Act including the prescribed penalties. Reports required to be filed monthly under paragraph (1)
shall be the sole reporting requirement for subject matter included in such reports. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services, and, wherever feasible,
households that receive assistance under title IV–A of the Social Security Act [(42 U.S.C. 601 et seq.)]and that are required
to file comparable reports under that Act shall be provided the
opportunity to file reports at the same time for purposes of both
Acts.
(4) Except as provided in paragraph (1)(C), any household
that fails to submit periodic reports required by paragraph (1)
shall not receive an allotment for the payment period to which
the unsubmitted report applies until such report is submitted.
(5) The Secretary is authorized, upon the request of a State
agency, to waive any provisions of this subsection (except the
provisions of the first sentence of paragraph (1) which relate to
households which are not required to file periodic reports) to
the extent necessary to permit the State agency to establish
periodic reporting requirements for purposes of this Act which
are similar to the periodic reporting requirements established
under the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) in that State.
(d) CONDITIONS OF PARTICIPATION.—
(1) WORK REQUIREMENTS.—
(A) IN GENERAL.—No physically and mentally fit individual over the age of 15 and under the age of 60 shall be
eligible to participate in the 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
July 2, 2004

Q:\COMP\FNS\FSA77

1–27

FOOD STAMP ACT OF 1977

Sec. 6

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
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–28

(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)—
July 2, 2004

Q:\COMP\FNS\FSA77

1–29

FOOD STAMP ACT OF 1977

Sec. 6

(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.
(2) A person who otherwise would be required to comply with
the requirements of paragraph (1) of this subsection shall be exempt from such requirements if he or she is (A) currently subject
to and complying with a work registration requirement under title
IV of the Social Security Act, as amended (42 U.S.C. 602), or the
Federal-State unemployment compensation system, in which case,
failure by such person to comply with any work requirement to
which such person is subject shall be the same as failure to comply
with that requirement of paragraph (1); (B) a parent or other member of a household with responsibility for the care of a dependent
child under age six or of an incapacitated person; (C) a bona fide
student enrolled at least half time in any recognized school, training program, or institution of higher education (except that any
such person enrolled in an institution of higher education shall be
ineligible to participate in the food stamp program unless he or she
meets the requirements of subsection (e) of this section); (D) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; (E) employed a minimum of thirty hours per
week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended
(29 U.S.C. 206(a)(1)), multiplied by thirty hours; or (F) a person between the ages of sixteen and eighteen who is not a head of a
household or who is attending school, or enrolled in an employment
training program, on at least a half-time basis. A State that requested a waiver to lower the age specified in subparagraph (B) and
had the waiver denied by the Secretary as of August 1, 1996, may,
for a period of not more than 3 years, lower the age of a dependent
child that qualifies a parent or other member of a household for an
exemption under subparagraph (B) to between 1 and 6 years of age.
(3) Notwithstanding any other provision of law, a household
shall not participate in the 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, [(29 U.S.C. 142(2))]because of a labor dispute (other than
a lockout) as defined in section 2(9) of the National Labor Relations
Act [(29 U.S.C. 152(9))]: 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, however, such
household shall not receive an increased allotment as the result of
a decrease in the income of the striking member or members of the
household: Provided further, That such ineligibility shall not apply
to any household that does not contain a member on strike, if any
of its members refuses to accept employment at a plant or site because of a strike or lockout.
(4) EMPLOYMENT AND TRAINING.—
(A) IN GENERAL.—
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–30

(i) IMPLEMENTATION.—Each State agency shall implement an employment and training program designed by the State agency and approved by the Secretary for the purpose of assisting members of households participating in the food stamp program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.
(ii) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—Each component of an employment and training
program carried out under this paragraph shall be delivered through a statewide workforce development
system, unless the component is not available locally
through such a system.
(B) For purposes of this Act, an ‘‘employment and training program’’ means a program that contains one or more of the following
components, except that the State agency shall retain the option to
apply employment requirements prescribed under this subparagraph to a program applicant at the time of application:
(i) Job search programs.
(ii) Job search training programs that include, to the extent
determined appropriate by the State agency, reasonable job
search training and support activities that may consist of jobs
skills assessments, job finding clubs, training in techniques for
employability, job placement services, or other direct training
or support activities, including educational programs, determined by the State agency to expand the job search abilities or
employability of those subject to the program.
(iii) Workfare programs operated under section 20.
(iv) Programs designed to improve the employability of
household members through actual work experience or training, or both, and to enable individuals employed or trained
under such programs to move promptly into regular public or
private employment. An employment or training experience
program established under this clause shall—
(I) not provide any work that has the effect of replacing the employment of an individual not participating in
the employment or training experience program; and
(II) provide the same benefits and working conditions
that are provided at the job site to employees performing
comparable work for comparable hours.
(v) Educational programs or activities to improve basic
skills and literacy, or otherwise improve employability, including educational programs determined by the State agency to expand the job search abilities or employability of those subject
to the program under this paragraph.
(vi) Programs designed to increase the self-sufficiency of recipients through self-employment, including programs that provide instruction for self-employment ventures.
(vii) As approved by the Secretary or the State under regulations issued by the Secretary, other employment, educational
and training programs, projects, and experiments, such as a
supported work program, aimed at accomplishing the purpose
of the employment and training program.
(C) The State agency may provide that participation in an employment and training program may supplement or supplant other
July 2, 2004

Q:\COMP\FNS\FSA77

1–31

FOOD STAMP ACT OF 1977

Sec. 6

employment-related requirements imposed on those subject to the
program.
(D)(i) Each State agency may exempt from any requirement for
participation in any program under this paragraph categories of
household members.
(ii) Each State agency may exempt from any requirement for
participation individual household members not included in any
category designated as exempt under clause (i).
(iii) Any exemption of a category or individual under this subparagraph shall be periodically evaluated to determine whether the
exemption continues to be valid.
(E) Each State agency shall establish requirements for participation by individuals not exempt under subparagraph (D) in one or
more employment and training programs under this paragraph, including the extent to which any individual is required to participate. Such requirements may vary among participants.
(F)(i) The total hours of work in an employment and training
program carried out under this paragraph required of members of
a household, together with the hours of work of such members in
any program carried out under section 20, in any month collectively
may not exceed a number of hours equal to the household’s allotment for such month divided by the higher of the applicable State
minimum wage or Federal minimum hourly rate under the Fair
Labor Standards Act of 1938 [(29 U.S.C. 201 et seq.)].
(ii) The total hours of participation in such program required
of any member of a household, individually, in any month, together
with any hours worked in another program carried out under section 20 and any hours worked for compensation (in cash or in kind)
in any other capacity, shall not exceed one hundred and twenty
hours per month.
(G) The State agency may operate any program component
under this paragraph in which individuals elect to participate.
(H) Federal funds made available to a State agency for purposes of the component authorized under subparagraph (B)(v) shall
not be used to supplant non-Federal funds used for existing services
and activities that promote the purposes of this component.
(I)(i) The State agency shall provide payments or reimbursements to participants in programs carried out under this paragraph, including individuals participating under subparagraph (G),
for—
(I) the actual costs of transportation and other actual costs
(other than dependent care costs), that are reasonably necessary and directly related to participation in the program; and
(II) the actual costs of such dependent care expenses that
are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family
receiving benefits under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act
is in operation), except that no such payment or reimbursement
shall exceed the applicable local market rate. Individuals subject to the program under this paragraph may not be required
to participate if dependent costs exceed the limit established by
the State agency under this subclause or other actual costs exceed any limit established under subclause (I).
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–32

(ii) In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its
option, arrange for dependent care through providers by the use of
purchase of service contracts or vouchers or by providing vouchers
to the household.
(iii) The value of any dependent care services provided for or
arranged under clause (ii), or any amount received as a payment
or reimbursement under clause (i), shall—
(I) not be treated as income for the purposes of any other
Federal or federally assisted program that bases eligibility for,
or the amount of benefits on, need; and
(II) not be claimed as an employment-related expense for
the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986.
(J) The Secretary shall promulgate guidelines that (i) enable
State agencies, to the maximum extent practicable, to design and
operate an employment and training program that is compatible
and consistent with similar programs operated within the State,
and (ii) ensure, to the maximum extent practicable, that employment and training programs are provided for Indians on reservations.
(K) LIMITATION ON FUNDING.—Notwithstanding any
other provision of this paragraph, the amount of funds a
State agency uses to carry out this paragraph (including
funds used to carry out subparagraph (I)) for participants
who are receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) shall not exceed the amount of funds
the State agency used in fiscal year 1995 to carry out this
paragraph for participants who were receiving benefits in
fiscal year 1995 under a State program funded under part
A of title IV of the Act (42 U.S.C. 601 et seq.).
(L) The Secretary shall ensure that State agencies comply with
the requirements of this paragraph and section 11(e)(22). 6–1
(M) The facilities of the State public employment offices and
other State agencies and providers carrying out activities under
title I of the Workforce Investment Act of 1998 ø(29 U.S.C. 2801 et
seq.)¿ may be used to find employment and training opportunities
for household members under the programs under this paragraph.
(e) 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 the individual is enrolled at
least half-time in an institution of higher education, unless the
individual—
(1) is under age 18 or is age 50 or older;
(2) is not physically or mentally fit;
(3) is assigned to or placed in an institution of higher education through or in compliance with the requirements of—
(A) a program under title I of the Workforce Investment Act of 1998 ø(29 U.S.C. 2801 et seq.);
(B) an employment and training program under this
section;
(C) a program under section 236 of the Trade Act of
1974 (19 U.S.C. 2296); or
6–1 So

July 2, 2004

in original. Probably, ‘‘section 11(e)(22)’’ should be ‘‘section 11(e)(21)’’.

Q:\COMP\FNS\FSA77

1–33

FOOD STAMP ACT OF 1977

Sec. 6

(D) another program for the purpose of employment
and training operated by a State or local government, as
determined to be appropriate by the Secretary;
(4) is employed a minimum of 20 hours per week or participating in a State or federally financed work study program during the regular school year;
(5) is—
(A) a parent with responsibility for the care of a dependent child under age 6; or
(B) a parent with responsibility for the care of a dependent child above the age of 5 and under the age of 12
for whom adequate child care is not available to enable the
individual to attend class and satisfy the requirements of
paragraph (4);
(6) is receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
(7) is so enrolled as a result of participation in the work
incentive program under title IV of the Social Security Act or
its successor programs; or
(8) is enrolled full-time in an institution of higher education, as determined by the institution, and is a single parent
with responsibility for the care of a dependent child under age
12.
(f) 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 sections 207 and 208 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1158); 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)). 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. The income
(less, at State option, a pro rata share) and financial resources of
the individual rendered ineligible to participate in the food stamp
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–34

program under this subsection shall be considered in determining
the eligibility and the value of the allotment of the household of
which such individual is a member.
(g) No individual who receives supplemental security income
benefits under title XVI of the Social Security Act [(42 U.S.C. 1381
et seq.)], State supplementary payments described in section 1616
of such Act [(42 U.S.C. 1382e)], or payments of the type referred
to in section 212(a) of Public Law 93–66, as amended [(42 U.S.C.
1382 note)], shall be considered to be a member of a household for
any month, if, for such month, such individual resides in a State
which provides State supplementary payments (1) of the type described in section 1616(a) of the Social Security Act [(42 U.S.C.
1382e(a))] and section 212(a) of Public Law 93–66 [(42 U.S.C. 1382
note)], and (2) the level of which has been found by the Commissioner of Social Security to have been specifically increased so as to
include the bonus value of food stamps.
(h) 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.
(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.
(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.
(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,
July 2, 2004

Q:\COMP\FNS\FSA77

1–35

FOOD STAMP ACT OF 1977

Sec. 6

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.
(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)
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).
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–36

(3) FEES.—Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.).
(4) PRIVACY.—The State agency shall provide safeguards to
restrict the use of information collected by a State agency administering the program established under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.) to purposes for
which the information is collected.
(n) DISQUALIFICATION FOR CHILD SUPPORT ARREARS.—
(1) IN GENERAL.—At the option of a State agency, no individual shall be eligible to participate in the 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.
(o) WORK REQUIREMENT.—
(1) DEFINITION OF WORK PROGRAM.—In this subsection, the
term ‘‘work program’’ means—
(A) a program under the title I of the Workforce Investment Act of 1998 ø(29 U.S.C. 2801 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), (5),
or (6).
(3) EXCEPTION.—Paragraph (2) shall not apply to an individual if the individual is—
(A) under 18 or over 50 years of age;
(B) medically certified as physically or mentally unfit
for employment;
July 2, 2004

Q:\COMP\FNS\FSA77

1–37

FOOD STAMP ACT OF 1977

Sec. 6

(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) 15-PERCENT EXEMPTION.—
(A) DEFINITIONS.—In this paragraph:
(i) CASELOAD.—The term ‘‘caseload’’ means the average monthly number of individuals receiving food
stamps during the 12-month period ending the preceding June 30.
(ii) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means a food stamp recipient, or an individual
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 6

FOOD STAMP ACT OF 1977

1–38

denied eligibility for food stamp benefits solely due to
paragraph (2), who—
(I) is not eligible for an exception under paragraph (3);
(II) does not reside in an area covered by a
waiver granted under paragraph (4);
(III) is not complying with subparagraph (A),
(B), or (C) of paragraph (2);
(IV) is not receiving food stamp benefits during the 3 months of eligibility provided under
paragraph (2); and
(V) is not receiving food stamp benefits under
paragraph (5).
(B) GENERAL RULE.—Subject to subparagraphs (C)
through (G), a State agency may provide an exemption
from the requirements of paragraph (2) for covered individuals.
(C) FISCAL YEAR 1998.—Subject to subparagraphs (E)
and (G), for fiscal year 1998, a State agency may provide
a number of exemptions such that the average monthly
number of the exemptions in effect during the fiscal year
does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the
Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the
Secretary considers appropriate due to the timing and limitations of the survey.
(D) SUBSEQUENT FISCAL YEARS.—Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number
of exemptions such that the average monthly number of
the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the
State, as estimated by the Secretary under subparagraph
(C), adjusted by the Secretary to reflect changes in the
State’s caseload and the Secretary’s estimate of changes in
the proportion of food stamp recipients covered by waivers
granted under paragraph (4).
(E) CASELOAD ADJUSTMENTS.—The Secretary shall adjust the number of individuals estimated for a State under
subparagraph (C) or (D) during a fiscal year if the number
of food stamp recipients in the State varies from the State’s
caseload by more than 10 percent, as determined by the
Secretary.
(F) EXEMPTION ADJUSTMENTS.—During fiscal year 1999
and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be
granted an exemption by a State agency under this paragraph to the extent that the average monthly number of
exemptions in effect in the State for the preceding fiscal
year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the
State agency for such preceding fiscal year under this paragraph.
(G) REPORTING REQUIREMENT.—A State agency shall
submit such reports to the Secretary as the Secretary deJuly 2, 2004

Q:\COMP\FNS\FSA77

1–39

FOOD STAMP ACT OF 1977
termines are necessary to ensure compliance
paragraph.
(7) OTHER PROGRAM RULES.—Nothing in this
shall make an individual eligible for benefits under
the individual is not otherwise eligible for benefits
other provisions of this Act.

Sec. 7
with this
subsection
this Act if
under the

ISSUANCE AND USE OF COUPONS

SEC. 7. ø7 U.S.C. 2016¿ (a) Coupons shall be printed under
such arrangements and in such denominations as may be determined by the Secretary to be necessary, and (except as provided in
subsection (j)) 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 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
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 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. 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 strictly liable to the Secretary for any financial
losses involved in the acceptance, storage and issuance of coupons,
including any losses involving failure of a coupon issuer to comply
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 7

FOOD STAMP ACT OF 1977

1–40

with the requirements specified in section 11(e)(20), 7–1 except that
in the case of losses resulting from the issuance and replacement
of authorizations for coupons and allotments which are sent
through the mail, the State agency shall be liable to the Secretary
to the extent prescribed in the regulations promulgated by the Secretary.
(g)(1) If the Secretary determines, in consultation with the Inspector General of the Department of Agriculture, that it would improve the integrity of the food stamp program, the Secretary shall
require a State agency—
(A) to issue or deliver coupons using alternative methods,
including an automatic data processing and information retrieval system; or
(B) to issue, in lieu of coupons, reusable documents to be
used as part of an automatic data processing and information
retrieval system and to be presented by, and returned to, recipients at retail food stores for the purpose of purchasing food.
(2) The cost of documents or systems that may be required pursuant to this subsection may not be imposed upon a retail food
store participating in the food stamp program.
(h)(1) The State agency may establish a procedure for staggering the issuance of coupons to eligible households throughout the
month. Upon the request of the tribal organization that exercises
governmental jurisdiction over the reservation, the State agency
shall stagger the issuance of benefits for eligible households located
on reservations for at least 15 days of a month.
(2) Any procedure established under paragraph (1) shall not reduce the allotment of any household and shall ensure that no
household experiences an interval between issuances of more than
40 days. The procedure may include issuing a household’s benefits
in more than one issuance.
(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.
7–1 So

July 2, 2004

in original. Probably, ‘‘section 11(e)(20)’’ should be ‘‘section 11(e)(19)’’.

Q:\COMP\FNS\FSA77

1–41

FOOD STAMP ACT OF 1977

Sec. 7

(2) The Secretary shall issue final regulations that establish
standards for the approval of such a system. The standards shall
include—
(A) defining the required level of recipient protection regarding privacy, ease of use, and access to and service in retail
food stores;
(B) the terms and conditions of participation by retail food
stores, financial institutions, and other appropriate parties;
(C)(i) measures to maximize the security of a system
using the most recent technology available that the State
agency considers appropriate and cost effective and which
may include personal identification numbers, photographic
identification on electronic benefit transfer cards, and other
measures to protect against fraud and abuse; and
(ii) effective not later than 2 years after the date of enactment of this clause [August 22, 1996], to the extent
practicable, measures that permit a system to differentiate
items of food that may be acquired with an allotment from
items of food that may not be acquired with an allotment;
(D) system transaction interchange, reliability, and processing speeds;
(E) financial accountability;
(F) the required testing of system operations prior to implementation;
(G) the analysis of the results of system implementation in
a limited project area prior to expansion; and
(H) procurement standards.
(3) In the case of a system described in paragraph (1) in which
participation is not optional for households, the Secretary shall not
approve such a system unless—
(A) a sufficient number of eligible retail food stores, including those stores able to serve minority language populations,
have agreed to participate in the system throughout the area
in which it will operate to ensure that eligible households will
not suffer a significant reduction in their choice of retail food
stores or a significant increase in the cost of food or transportation to participating food stores; and
(B) any special equipment necessary to allow households to
purchase food with the benefits issued under this Act is
operational—
(i) in the case of a participating retail food store in
which coupons are used to purchase 15 percent or more of
the total dollar amount of food sold by the store (as determined by the Secretary), at all registers in the store; and
(ii) in the case of other participating stores, at a sufficient number of registers to provide service that is comparable to service provided individuals who are not members of food stamp households, as determined by the Secretary.
(4) Administrative costs incurred in connection with activities
under this subsection shall be eligible for reimbursement in accordance with section 16, subject to the limitations in section 16(g).
(5) The Secretary shall periodically inform State agencies of the
advantages of using electronic benefit systems to issue benefits in
accordance with this subsection in lieu of issuing coupons to households.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 7

FOOD STAMP ACT OF 1977

1–42

(6) This subsection shall not diminish the authority of the Secretary to conduct projects to test automated or electronic benefit delivery systems under section 17(f).
(7) REPLACEMENT OF BENEFITS.—Regulations issued by the
Secretary regarding the replacement of benefits and liability for
replacement of benefits under an electronic benefit transfer system shall be similar to the regulations in effect for a paperbased 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-ofsale 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 maJuly 2, 2004

Q:\COMP\FNS\FSA77

1–43

FOOD STAMP ACT OF 1977

Sec. 7

chines, 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.
(j) STATE OPTION TO ISSUE BENEFITS TO CERTAIN INDIVIDUALS
MADE INELIGIBLE BY WELFARE REFORM.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is ineligible
to participate in the food stamp program solely as a result of
section 6(o)(2) of this Act or section 402 or 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612 or 1613).
(2) STATE PAYMENTS TO SECRETARY.—
(A) IN GENERAL.—Not later than the date the State
agency issues benefits to individuals under this subsection,
the State agency shall pay the Secretary, in accordance
with procedures established by the Secretary, an amount
that is equal to—
(i) the value of the benefits; and
(ii) the costs of printing, shipping, and redeeming
coupons, and other Federal costs, incurred in providing
the benefits, as determined by the Secretary.
(B) CREDITING.—Notwithstanding section 3302(b) of
title 31, United States Code, payments received under subparagraph (A) shall be credited to the food stamp program
appropriation account or the account from which the costs
were drawn, as appropriate, for the fiscal year in which the
payment is received.
(3) REPORTING.—To be eligible to issue benefits under this
subsection, a State agency shall comply with reporting requirements established by the Secretary to carry out this subsection.
(4) PLAN.—To be eligible to issue benefits under this subsection, a State agency shall—
(A) submit a plan to the Secretary that describes the
conditions and procedures under which the benefits will be
issued, including eligibility standards, benefit levels, and
the methodology the State agency will use to determine
amounts due the Secretary under paragraph (2); and
(B) obtain the approval of the Secretary for the plan.
(5) VIOLATIONS.—A sanction, disqualification, fine, or other
penalty prescribed under Federal law (including sections 12
and 15) shall apply to a violation committed in connection with
a coupon issued under this subsection.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 7

FOOD STAMP ACT OF 1977

1–44

(6) INELIGIBILITY FOR ADMINISTRATIVE REIMBURSEMENT.—
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal funding
under this Act.
(7) EXCLUSION FROM ENHANCED PAYMENT ACCURACY SYSTEMS.—Section 16(c) shall not apply to benefits issued under
this subsection.
(k) INTEROPERABILITY AND PORTABILITY OF ELECTRONIC BENEFIT TRANSFER TRANSACTIONS.—
(1) DEFINITIONS.—In this subsection:
(A) ELECTRONIC BENEFIT TRANSFER CARD.—The term
‘‘electronic benefit transfer card’’ means a card that provides benefits under this Act through an electronic benefit
transfer service (as defined in subsection (i)(11)(A)).
(B) ELECTRONIC BENEFIT TRANSFER CONTRACT.—The
term ‘‘electronic benefit transfer contract’’ means a contract
that provides for the issuance, use, or redemption of coupons in the form of electronic benefit transfer cards.
(C) INTEROPERABILITY.—The term ‘‘interoperability’’
means a system that enables a coupon issued in the form
of an electronic benefit transfer card to be redeemed in any
State.
(D) INTERSTATE TRANSACTION.—The term ‘‘interstate
transaction’’ means a transaction that is initiated in 1
State by the use of an electronic benefit transfer card that
is issued in another State.
(E) PORTABILITY.—The term ‘‘portability’’ means a system that enables a coupon issued in the form of an electronic benefit transfer card to be used in any State by a
household to purchase food at a retail food store or wholesale food concern approved under this Act.
(F) SETTLING.—The term ‘‘settling’’ means movement,
and reporting such movement, of funds from an electronic
benefit transfer card issuer that is located in 1 State to a
retail food store, or wholesale food concern, that is located
in another State, to accomplish an interstate transaction.
(G) SMART CARD.—The term ‘‘smart card’’ means an intelligent benefit card described in section 17(f).
(H) SWITCHING.—The term ‘‘switching’’ means the routing of an interstate transaction that consists of transmitting the details of a transaction electronically recorded
through the use of an electronic benefit transfer card in 1
State to the issuer of the card that is in another State.
(2) REQUIREMENT.—Not later than October 1, 2002, the
Secretary shall ensure that systems that provide for the electronic issuance, use, and redemption of coupons in the form of
electronic benefit transfer cards are interoperable, and food
stamp benefits are portable, among all States.
(3) COST.—The cost of achieving the interoperability and
portability required under paragraph (2) shall not be imposed
on any food stamp retail store, or any wholesale food concern,
approved to participate in the food stamp program.
(4) STANDARDS.—Not later than 210 days after the date of
enactment of this subsection, the Secretary shall promulgate
regulations that—
July 2, 2004

Q:\COMP\FNS\FSA77

1–45

FOOD STAMP ACT OF 1977

Sec. 7

(A) adopt a uniform national standard of interoperability and portability required under paragraph (2) that is
based on the standard of interoperability and portability
used by a majority of State agencies; and
(B) require that any electronic benefit transfer contract
that is entered into 30 days or more after the regulations
are promulgated, by or on behalf of a State agency, provide
for the interoperability and portability required under
paragraph (2) in accordance with the national standard.
(5) EXEMPTIONS.—
(A) CONTRACTS.—The requirements of paragraph (2)
shall not apply to the transfer of benefits under an electronic benefit transfer contract before the expiration of the
term of the contract if the contract—
(i) is entered into before the date that is 30 days
after the regulations are promulgated under paragraph
(4); and
(ii) expires after October 1, 2002.
(B) WAIVER.—At the request of a State agency, the
Secretary may provide 1 waiver to temporarily exempt, for
a period ending on or before the date specified under clause
(iii), the State agency from complying with the requirements of paragraph (2), if the State agency—
(i) establishes to the satisfaction of the Secretary
that the State agency faces unusual technological barriers to achieving by October 1, 2002, the interoperability and portability required under paragraph (2);
(ii) demonstrates that the best interest of the food
stamp program would be served by granting the waiver with respect to the electronic benefit transfer system used by the State agency to administer the food
stamp program; and
(iii) specifies a date by which the State agency will
achieve the interoperability and portability required
under paragraph (2).
(C) SMART CARD SYSTEMS.—The Secretary shall allow a
State agency that is using smart cards for the delivery of
food stamp program benefits to comply with the requirements of paragraph (2) at such time after October 1, 2002,
as the Secretary determines that a practicable technological method is available for interoperability with electronic benefit transfer cards.
(6) FUNDING.—
(A) IN GENERAL.—In accordance with regulations promulgated by the Secretary, the Secretary shall pay 100
percent of the costs incurred by a State agency under this
Act for switching and settling interstate transactions—
(i) incurred after the date of enactment of this subsection and before October 1, 2002, if the State agency
uses the standard of interoperability and portability
adopted by a majority of State agencies; and
(ii) incurred after September 30, 2002, if the State
agency uses the uniform national standard of interoperability and portability adopted under paragraph
(4)(A).
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 8

FOOD STAMP ACT OF 1977

1–46

(B) LIMITATION.—The total amount paid to State agencies for each fiscal year under subparagraph (A) shall not
exceed $500,000.
VALUE OF ALLOTMENT

SEC. 8. ø7 U.S.C. 2017¿ (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 (d) and (e) of this Act,
rounded to the nearest lower whole dollar: Provided, That for
households of one and two persons the minimum allotment shall be
$10 per month.
(b) The value of benefits that may be provided under this Act,
whether through coupons, access devices, or otherwise 8–1 shall not
be considered income or resources for any purpose under any Federal, State, or local laws, including, but not limited to, laws relating
to taxation, welfare, and public assistance programs, and no participating State or political subdivision thereof shall decrease any assistance otherwise provided an individual or individuals because of
the receipt of benefits under this Act.
(c)(1) The value of the allotment issued to any eligible household for the initial month or other initial period for which an allotment is issued shall have a value which bears the same ratio to the
value of the allotment for a full month or other initial period for
which the allotment is issued as the number of days (from the date
of application) remaining in the month or other initial period for
which the allotment is issued bears to the total number of days in
the month or other initial period for which the allotment is issued,
except that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is
less than $10. Households shall receive full months’ allotments for
all months within a certification period, except as provided in the
first sentence of this paragraph with respect to an initial month.
(2) As used in this subsection, the term ‘‘initial month’’ means
(A) the first month for which an allotment is issued to a household,
(B) the first month for which an allotment is issued to a household
following any period in which such household was not participating
in the food stamp program under this Act after the expiration of a
certification period or after the termination of the certification of a
household, during a certification period, when the household ceased
to be eligible after notice and an opportunity for a hearing under
section 11(e)(10), and (C) in the case of a migrant or seasonal farmworker household, the first month for which allotment is issued to
a household that applies following any period of more than 30 days
in which such household was not participating in the food stamp
program after previous participation in such program.
(3) OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS.—A State agency may provide to an eligible household
applying after the 15th day of a month, in lieu of the initial allotment of the household and the regular allotment of the
household for the following month, an allotment that is equal
8–1 So in original (see section 909 of P.L. 102–237). Probably should be a comma after
‘‘otherwise’’.

July 2, 2004

Q:\COMP\FNS\FSA77

1–47

FOOD STAMP ACT OF 1977

Sec. 8

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.
(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 food stamp program.
(e) ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS.—
(1) IN GENERAL.—In the case of an individual who resides
in a center for the purpose of a drug or alcoholic treatment program described in section 3(i)(5), a State agency may provide
an allotment for the individual to—
(A) the center as an authorized representative of the
individual for a period that is less than 1 month; and
(B) the individual, if the individual leaves the center.
(2) DIRECT PAYMENT.—A State agency may require an individual referred to in paragraph (1) to designate the center in
which the individual resides as the authorized representative of
the individual for the purpose of receiving an allotment.
(f) ALTERNATIVE PROCEDURES FOR RESIDENTS OF CERTAIN
GROUP FACILITIES.—
(1) IN GENERAL.—
(A) APPLICABILITY.—
(i) IN GENERAL.—Subject to clause (ii), at the option of the State agency, allotments for residents of
any facility described in subparagraph (B), (C), (D), or
(E) of section 3(i)(5) (referred to in this subsection as
a ‘‘covered facility’’) may be determined and issued
under this paragraph in lieu of subsection (a).
(ii) LIMITATION.—Unless the Secretary authorizes
implementation of this paragraph in all States under
paragraph (3), clause (i) shall apply only to residents
of covered facilities participating in a pilot project
under paragraph (2).
(B) AMOUNT OF ALLOTMENT.—The allotment for each
eligible resident described in subparagraph (A) shall be calculated in accordance with standardized procedures established by the Secretary that take into account the allotments typically received by residents of covered facilities.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 8

FOOD STAMP ACT OF 1977

1–48

(C) ISSUANCE OF ALLOTMENT.—
(i) IN GENERAL.—The State agency shall issue an
allotment determined under this paragraph to a covered facility as the authorized representative of the
residents of the covered facility.
(ii) ADJUSTMENT.—The Secretary shall establish
procedures to ensure that a covered facility does not
receive a greater proportion of a resident’s monthly allotment than the proportion of the month during which
the resident lived in the covered facility.
(D) DEPARTURES OF RESIDENTS OF COVERED FACILITIES.—
(i) NOTIFICATION.—Any covered facility that receives an allotment for a resident under this paragraph shall—
(I) notify the State agency promptly on the departure of the resident; and
(II) notify the resident, before the departure of
the resident, that the resident—
(aa) is eligible for continued benefits
under the food stamp program; and
(bb) should contact the State agency concerning continuation of the benefits.
(ii) ISSUANCE TO DEPARTED RESIDENTS.—On receiving a notification under clause (i)(I) concerning the departure of a resident, the State agency—
(I) shall promptly issue the departed resident
an allotment for the days of the month after the
departure of the resident (calculated in a manner
prescribed by the Secretary) unless the departed
resident reapplies to participate in the food stamp
program; and
(II) may issue an allotment for the month following the month of the departure (but not any
subsequent month) based on this paragraph unless
the departed resident reapplies to participate in
the food stamp program.
(iii) STATE OPTION.—The State agency may elect
not to issue an allotment under clause (ii)(I) if the
State agency lacks sufficient information on the location of the departed resident to provide the allotment.
(iv) EFFECT OF REAPPLICATION.—If the departed
resident reapplies to participate in the food stamp program, the allotment of the departed resident shall be
determined without regard to this paragraph.
(2) PILOT PROJECTS.—
(A) IN GENERAL.—Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary
shall carry out, at the request of 1 or more State agencies
and in 1 or more areas of the United States, such number
of pilot projects as the Secretary determines to be sufficient
to test the feasibility of determining and issuing allotments
to residents of covered facilities under paragraph (1) in lieu
of subsection (a).
(B) PROJECT PLAN.—To be eligible to participate in a
pilot project under subparagraph (A), a State agency shall
July 2, 2004

Q:\COMP\FNS\FSA77

1–49

FOOD STAMP ACT OF 1977

Sec. 9

submit to the Secretary for approval a project plan that
includes—
(i) a specification of the covered facilities in the
State that will participate in the pilot project;
(ii) a schedule for reports to be submitted to the
Secretary on the pilot project;
(iii) procedures for standardizing allotment
amounts that takes into account the allotments typically received by residents of covered facilities; and
(iv) a commitment to carry out the pilot project in
compliance with the requirements of this subsection
other than paragraph (1)(B).
(3) AUTHORIZATION OF IMPLEMENTATION IN ALL STATES.—
(A) IN GENERAL.—The Secretary shall—
(i) determine whether to authorize implementation
of paragraph (1) in all States; and
(ii) notify the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the
determination.
(B) DETERMINATION NOT TO AUTHORIZE IMPLEMENTATION IN ALL STATES.—
(i) IN GENERAL.—If the Secretary makes a finding
described in clause (ii), the Secretary—
(I) shall not authorize implementation of paragraph (1) in all States; and
(II) shall terminate all pilot projects under
paragraph (2) within a reasonable period of time
(as determined by the Secretary).
(ii) FINDING.—The finding referred to in clause (i)
is that—
(I) an insufficient number of project plans that
the Secretary determines to be eligible for approval are submitted by State agencies under
paragraph (2)(B); or
(II)(aa) a sufficient number of pilot projects
have been carried out under paragraph (2)(A); and
(bb) authorization of implementation of paragraph (1) in all States is not in the best interest
of the food stamp program.
APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS

SEC. 9. ø7 U.S.C. 2018¿ (a)(1) 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 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: (A) the nature and extent of the food business conducted by
the applicant; (B) the volume of coupon business which may reasonably be expected to be conducted by the applicant food store or
wholesale food concern; and (C) the business integrity and reputation of the applicant. Approval of an applicant shall be evidenced
by the issuance to such applicant of a nontransferable certificate of
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 9

FOOD STAMP ACT OF 1977

1–50

approval. No retail food store or wholesale food concern of a type
determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized
or reauthorized for participation in the 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.
(2) The Secretary shall issue regulations providing for—
(A) the periodic reauthorization of retail food stores and
wholesale food concerns; and
(B) periodic notice to participating retail food stores and
wholesale food concerns of the definitions of ‘‘retail food store’’,
‘‘staple foods’’, ‘‘eligible foods’’, and ‘‘perishable foods’’.
(3) AUTHORIZATION PERIODS.—The Secretary shall establish
specific time periods during which authorization to accept and
redeem coupons, or to redeem benefits through an electronic
benefit transfer system, shall be valid under the food stamp
program.
(b)(1) 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. No co-located wholesale-retail food concern
may be authorized to accept and redeem coupons as a retail food
store, unless (A) the concern does a substantial level of retail food
business, or (B) the Secretary determines that failure to authorize
such a food concern as a retail food store would cause hardship to
food stamp households. 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.
(2)(A) A buyer or transferee (other than a bona fide buyer or
transferee) of a retail food store or wholesale food concern that has
been disqualified under section 12(a) may not accept or redeem coupons until the Secretary receives full payment of any penalty imposed on such store or concern.
(B) A buyer or transferee may not, as a result of the sale or
transfer of such store or concern, be required to furnish a bond
under section 12(d).
(c) Regulations issued pursuant to this Act shall require an applicant retail food store or wholesale food concern to submit information, which may include relevant income and sales tax filing documents, which will permit a determination to be made as to whether such applicant qualifies, or continues to qualify, for approval
under the provisions of this Act or the regulations issued pursuant
to this Act. The regulations may require retail food stores and
wholesale food concerns to provide written authorization for the
Secretary to verify all relevant tax filings with appropriate agencies
and to obtain corroborating documentation from other sources so
that the accuracy of information provided by the stores and concerns may be verified. Regulations issued pursuant to this Act shall
provide for safeguards which limit the use or disclosure of information obtained under the authority granted by this subsection to purposes directly connected with administration and enforcement of
the provisions of this Act or the regulations issued pursuant to this
Act, except that such information may be disclosed to any used by
July 2, 2004

Q:\COMP\FNS\FSA77

1–51

FOOD STAMP ACT OF 1977

Sec. 10

Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the
purposes of administering or enforcing this Act or any other Federal
or State law and the regulations issued under this Act or such law,
and State agencies that administer the special supplemental nutrition program for women, infants and children, authorized under
section 17 of the Child Nutrition Act of 1966, for purposes of administering the provisions of that Act and the regulations issued under
that Act. Any person who publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by Federal
law (including a regulation) any information obtained under this
subsection shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both. The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit the audit and examination of such information by the Comptroller General of the
United States authorized by any other provision of law.
(d) Any retail food store or wholesale food concern which has
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. 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.
(e) Approved retail food stores shall display a sign providing information on how persons may report abuses they have observed in
the operation of the food stamp program.
(f) In those areas in which the Secretary, in consultation with
the Inspector General of the Department of Agriculture, finds evidence that the operation of house-to-house trade routes damages
the program’s integrity, the Secretary shall limit the participation
of house-to-house trade routes to those routes that are reasonably
necessary to provide adequate access to households.
(g) In an area in which the Secretary, in consultation with the
Inspector General of the Department of Agriculture, finds evidence
that the participation of an establishment or shelter described in
section 3(g)(9) damages the program’s integrity, the Secretary shall
limit the participation of such establishment or shelter in the food
stamp program, unless the establishment or shelter is the only establishment or shelter serving the area. 9–1
REDEMPTION OF COUPONS

SEC. 10. ø7 U.S.C. 2019¿ Regulations issued pursuant to this
Act shall provide for the redemption of coupons accepted by retail
food stores through approved wholesale food concerns or through financial institutions which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
9–1 Section 11002(d) of the Homeless Eligibility Clarification Act (P.L. 99–570) added
subsection (g). Section 11002(f) of such Act (7 U.S.C. 2012 note) provides that the amendments made by setion 11002(d) of such Act shall cease to be effective after September 30,
1990.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–52

Corporation, 10–1 or which are insured under the Federal Credit
Union Act [(12 U.S.C. 1751 et seq.)]and have retail food stores or
wholesale food concerns in their field of membership, with the cooperation of the Treasury Department, except that retail food stores
defined in section 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 publicly operated community mental health
centers or private nonprofit organizations or institutions which
serve meals to narcotics addicts or alcoholics in drug addiction or
alcoholic treatment and rehabilitation programs, public and private
nonprofit shelters that prepare and serve meals for battered women
and children, public or private nonprofit group living arrangements
that serve meals to disabled or blind residents, and public or private nonprofit establishments, or public or private nonprofit shelters that feed individuals who do not reside in permanent dwellings
and individuals who have no fixed mailing addresses 10–2 shall not
be authorized to redeem coupons through financial institutions
which are insured by the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation 10–1 or the
Federal Credit Union Act. Notwithstanding the preceding sentence,
a center, organization, institution, shelter, group living arrangement, or establishment described in that sentence may be authorized to redeem coupons through a financial institution described in
that sentence if the center, organization, institution, shelter, group
living arrangement, or establishment is equipped with 1 or more
point-of-sale devices and is operating in an area in which an electronic benefit transfer system described in section 7(i) has been implemented. No financial institution may impose on or collect from
a retail food store a fee or other charge for the redemption of coupons that are submitted to the financial institution in a manner
consistent with the requirements, other than any requirements relating to cancellation of coupons, for the presentation of coupons by
financial institutions to the Federal Reserve banks.
ADMINISTRATION

SEC. 11. ø7 U.S.C. 2020¿ (a) 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 Act and the regulations
issued pursuant to this Act. 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 Act.
(b) 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 11(e)(11) and
10–1 The Federal Savings and Loan Insurance Corporation was abolished by section
401(a)(1) of P.L. 101–73, 103 Stat. 354, August 9, 1989.
10–2 Section 11002(e) of the Homeless Eligibility Clarification Act (P.L. 99–570) added ‘‘,
and public or private nonprofit establishments, or public or private nonprofit shelters that
feed individuals who do not reside in permanent dwellings and individuals who have no
fixed mailing addresses’’ to this sentence. Section 11002(f) of such Act (7 U.S.C. 2012 note)
provides that the amendments made by section 11002(e) of such Act shall cease to be effective after September 30, 1990.

July 2, 2004

Q:\COMP\FNS\FSA77

1–53

FOOD STAMP ACT OF 1977

Sec. 11

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.
(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)
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
political subdivision. The Secretary may not, as a part of the approval process for a plan of operation, require a State to submit for
prior approval by the Secretary the State agency instructions to
staff, interpretations of existing policy, State agency methods of administration, forms used by the State agency, or any materials, documents, memoranda, bulletins, or other matter, unless the State
determines that the materials, documents, memoranda, bulletins, or
other matter alter or amend the State plan of operation or conflict
with the rights and levels of benefits to which a household is entitled. In the case of all or part of an Indian reservation, the State
agency as defined in section 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 [Amendatory Act enacted on September 29, 1977.], 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 U.S.C. 450) and similar Acts of Congress, the tribal organization’s management and fiscal capabilities,
and the adequacy of measures taken by the tribal organization to
ensure that there shall be no discrimination in the operation of the
program on the basis of race, color, sex, or national origin, in which
event such State agency shall be responsible for conducting such
program and submitting for approval a plan of operation specifying
the manner in which such program will be conducted. The Secretary, upon the request of a tribal organization, shall provide the
designees of such organization with appropriate training and technical assistance to enable them to qualify as expeditiously as possible as a State agency pursuant to section 3(n)(2) of 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.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–54

(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) 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 (B) 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)(A) that the State agency shall establish procedures 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)(I) shall develop an application containing the information necessary to comply with this Act; and
(II) if the State agency maintains a website for the
State agency, shall make the application available on the
website in each language in which the State agency makes
a printed application available;
(iii) shall permit an applicant household to apply to
participate in the program on the same day that the household first contacts a 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
July 2, 2004

Q:\COMP\FNS\FSA77

1–55

FOOD STAMP ACT OF 1977

Sec. 11

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;
(3) that the State agency shall thereafter promptly determine the eligibility of each applicant household by way of
verification of income other than that determined to be excluded by section 5(d) of this Act (in part through the use of
the information, if any, obtained under section 16(e) of this
Act), household size (in any case such size is questionable), and
such other eligibility factors as the Secretary determines to be
necessary to implement sections 5 and 6 of this Act, although
the State agency may verify prior to certification, whether
questionable or not, the size of any applicant household and
such other eligibility factors as the State agency determines are
necessary, so as to complete certification of and provide an allotment retroactive to the period of application to any eligible
household not later than thirty days following its filing of an
application, and that the State agency shall provide each applicant household, at the time of application, a clear written statement explaining what acts the household must perform to cooperate in obtaining verification and otherwise completing the
application process;
(4) that the State agency shall insure that each participating household receive a notice of expiration of its certification prior to the start of the last month of its certification period advising the household that it must submit a new application in order to renew its eligibility for a new certification period and, further, that each such household which seeks to be
certified another time or more times thereafter by filing an application for such recertification no later than fifteen days prior
to the day upon which its existing certification period expires
shall, if found to be still eligible, receive its allotment no later
than one month after the receipt of the last allotment issued
to it pursuant to its prior certification, but if such household is
found to be ineligible or to be eligible for a smaller allotment
during the new certification period it shall not continue to participate and receive benefits on the basis authorized for the preceding certification period even if it makes a timely request for
a fair hearing pursuant to paragraph (10) of this subsection:
Provided, That the timeliness standards for submitting the notice of expiration and filing an application for recertification
may be modified by the Secretary in light of sections 5(f)(2) and
6(c) of this Act if administratively necessary;
(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
of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations
issued pursuant to this Act; and
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–56

(B) the State agency personnel utilized in undertaking
such certification shall be employed in accordance with the
current standards for a Merit System of Personnel Administration or any standards later prescribed by the Office of
Personnel Management pursuant to section 208 of the
Intergovernmental Personnel Act of 1970 [(42 U.S.C.
4728)] modifying or superseding such standards relating to
the establishment and maintenance of personnel standards
on a merit basis;
(7) that an applicant household may be represented in the
certification process and that an eligible household may be represented in 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, except that the Secretary may
restrict the number of households which may be represented by
an individual and otherwise establish criteria and verification
standards for representation under this paragraph;
(8) safeguards which 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, regulations issued pursuant to this Act, Federal assistance programs, or federally assisted State programs, except
that—
(A) the safeguards shall not prevent the use or disclosure of such information to the Comptroller General of the
United States for audit and examination authorized by any
other provision of law;
(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;
(C) the safeguards shall not prevent the use by, or disclosure of such information, to agencies of the Federal Government (including the United States Postal Service) for
purposes of collecting the amount of an overissuance of
coupons, as determined under section 13(b) of this Act,
from Federal pay (including salaries and pensions) as authorized pursuant to section 5514 of title 5 of the United
States Code or a Federal income tax refund as authorized
by section 3720A of title 31, United States Code;
(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
July 2, 2004

Q:\COMP\FNS\FSA77

1–57

FOOD STAMP ACT OF 1977

Sec. 11

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) or (20)(B);
(9) that the State agency shall—
(A) provide coupons no later than 7 days after the date
of application to any household which—
(i)(I) has gross income that is less than $150 per
month; or
(II) is a destitute migrant or a seasonal farmworker household in accordance with the regulations
governing such households in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(B) provide coupons no later than 7 days after the date
of application to any household that has a combined gross
income and liquid resources that is less than the monthly
rent, or mortgage, and utilities of the household; and
(C) to the extent practicable, verify the income and liquid resources of a household referred to in subparagraph
(A) or (B) prior to issuance of coupons to the household;
(10) for the granting of a fair hearing and a prompt determination thereafter to any household aggrieved by the action of
the State agency under any provision of its plan of operation
as it affects the participation of such household in the 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 hearing is completed and an adverse decision rendered or until such
time as the household’s certification period terminates, whichever occurs earlier, except that in any case in which the State
agency receives from the household a written statement containing information that clearly requires a reduction or termination of the household’s benefits, the State agency may act immediately to reduce or terminate the household’s benefits and
may provide notice of its action to the household as late as the
date on which the action becomes effective. At the option of a
State, at any time prior to a fair hearing determination under
this paragraph, a household may withdraw, orally or in writing, a request by the household for the fair hearing. If the withdrawal request is an oral request, the State agency shall provide a written notice to the household confirming the withdrawal request and providing the household with an opportunity to request a hearing;
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–58

(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;
(12) for the submission of such reports and other information as from time to time may be required by the Secretary;
(13) for indicators of expected performance in the administration of the program;
(14) that the State agency shall specify a plan of operation
for providing 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 disaster relief agencies and local government officials,
application procedures to reduce hardship and inconvenience
and deter fraud, and instruction of caseworkers in procedures
for implementing and operating the disaster program;
(15) that the State agency shall require each household certified as eligible to participate by methods other than the outof-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;
(16) 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
violation of the Immigration and Nationality Act [(8 U.S.C.
1101 et seq.)];
(17) 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;
(18) at the option of the State agency, that information
may be requested and exchanged for purposes of income and
eligibility verification in accordance with a State system which
meets the requirements of section 1137 of the Social Security
Act [(42 U.S.C. 1320b-7)] and that any additional information
available from agencies administering State unemployment
compensation laws under the provisions of section 303(d) of the
Social Security Act [(42 U.S.C. 503(d)] may be requested and
utilized by the State agency (described in section 3(n)(1) of this
July 2, 2004

Q:\COMP\FNS\FSA77

1–59

FOOD STAMP ACT OF 1977

Sec. 11

Act) to the extent permitted under the provisions of section
303(d) of the Social Security Act;
(19) 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;
(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 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C.
1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.
(21) 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;
(22) 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;
(23) at the option of the State, for procedures necessary to
obtain payment of uncollected overissuance of coupons from unemployment compensation pursuant to section 13(c);
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–60

(24) the guidelines the State agency uses in carrying out
section 6(i); and
(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).
(f) NUTRITION EDUCATION.—
(1) IN GENERAL.—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. 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 established under sections 1584 through
1588 of the Food Security Act of 1985 [99 Stat. 1596; 7 U.S.C.
3175a through 1375e]. At the request of personnel of such education program, State agencies, wherever practicable, shall
allow personnel and information materials of such education
program to be placed in food stamp offices.
(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
July 2, 2004

Q:\COMP\FNS\FSA77

1–61

FOOD STAMP ACT OF 1977

Sec. 11

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.
(g) If the Secretary determines, upon information received by
the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a State agency
of a type specified in this subsection, that in the administration of
the food stamp program there is a failure by a State agency without
good cause to comply with any of the provisions of this Act, the regulations issued pursuant to this Act, the State plan of operation
submitted pursuant to subsection (d) of this section, the State plan
for automated data processing submitted pursuant to subsection
(o)(2) of this section, or the requirements established pursuant to
section 23 of this Act, the Secretary shall immediately inform such
State agency of such failure and shall allow the State agency a
specified period of time for the correction of such failure. If the
State agency does not correct such failure within that specified period, the Secretary may refer the matter to the Attorney General
with a request that injunctive relief be sought to require compliance
forthwith by the State agency and, upon suit by the Attorney General in an appropriate district court of the United States having jurisdiction of the geographic area in which the State agency is located and a showing that noncompliance has occurred, appropriate
injunctive relief shall issue, and, whether or not the Secretary refers such matter to the Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 16(a), 16(c), and 16(g) of this Act as the Secretary determines
to be appropriate, subject to administrative and judicial review
under section 14 of this Act.
(h) If the Secretary determines that there has been negligence
or fraud on the part of the State agency in the certification of applicant households, the State shall, upon request of the Secretary, deposit into the Treasury of the United States, a sum equal to the
face value of any coupon or coupons issued as a result of such negligence or fraud.
(i) APPLICATION AND DENIAL PROCEDURES.—
(1) APPLICATION PROCEDURES.—Notwithstanding any other
provision of law, households in which all members are applicants for or recipients of supplemental security income shall be
informed of the availability of benefits under the food stamp
program and be assisted in making a simple application to participate in such program at the social security office and be certified for eligibility utilizing information contained in files of
the Social Security Administration.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–62

(2) DENIAL AND TERMINATION.—Except in a case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation, no household shall have its
application to participate in the 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 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.
(j)(1) Any individual who is an applicant for or recipient of supplemental security income or social security benefits (under regulations prescribed by the Secretary in conjunction with the Commissioner of Social Security) shall be informed of the availability of
benefits under the 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 Commissioner of Social Security 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 Commissioner of Social Security receives from the
Secretary reimbursement for costs incurred to provide such
services.
(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.
(l) 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. Any financial audit review subsequent to the first such review, required under the preceding sentence, shall be conducted at
the option of the Office of the Inspector General.
(m) The Secretary shall provide for the use of fee agents in
rural Alaska. As used in this subsection ‘‘fee agent’’ means a paid
agent who, although not a State employee, is authorized by the
State to make applications available to low-income households, assist in the completion of applications, conduct required interviews,
secure required verification, forward completed applications and
supporting documentation to the State agency, and provide other
services as required by the State agency. Such services shall not inJuly 2, 2004

Q:\COMP\FNS\FSA77

1–63

FOOD STAMP ACT OF 1977

Sec. 11

clude making final decisions on household eligibility or benefit levels.
(n) The Secretary shall require State agencies to conduct
verification and implement other measures where necessary, but no
less often than annually, to assure that an individual does not receive both coupons and benefits or payments referred to in section
6(g) or both coupons and assistance provided in lieu of coupons
under section 17(b)(1).
(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 Advisory Committee Act [(5 U.S.C. App. 2)], a model plan
for the comprehensive automation of data processing and computerization of information systems 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 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.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 11

FOOD STAMP ACT OF 1977

1–64

(5)(A) Subject to subparagraph (B), in the case of a plan for an
automated data processing and information retrieval system submitted by a State agency to the Secretary under paragraph (2),
such State agency shall—
(i) commence implementation of its plan not later than October 1, 1988; and
(ii) meet the time frames set forth in the plan.
(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the Secretary deems appropriate based
on the Secretary’s finding of a good faith effort of a State agency
to implement its plan in accordance with subparagraph (A).
(p) STATE VERIFICATION OPTION.—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).
(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.
(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.
(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.
July 2, 2004

Q:\COMP\FNS\FSA77

1–65

FOOD STAMP ACT OF 1977

Sec. 11

(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 other 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.
(t) GRANTS FOR SIMPLE APPLICATION AND ELIGIBILITY DETERMINATION SYSTEMS AND IMPROVED ACCESS TO BENEFITS.—
(1) IN GENERAL.—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—
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 12

FOOD STAMP ACT OF 1977

1–66

(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.
(u) 11–1 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)).
CIVIL MONEY PENALTIES AND DISQUALIFICATION OF RETAIL FOOD
STORES AND WHOLESALE FOOD CONCERNS

SEC. 12. ø7 U.S.C. 2021¿ (a) 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 $10,000 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. Regulations issued 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 investiga11–1 Effective July 1, 2005, section 104(b)(2) of P.L. 108–265, 118 Stat. 737, June 30,
2004, adds this subsection.
Section 501 of P.L. 108–265, 118 Stat. 789, June 30, 2004, provides as follows:
‘‘SEC. 501. GUIDANCE AND REGULATIONS.
‘‘(a) GUIDANCE.—As soon as practicable after the date of enactment of this Act, the
Secretary of Agriculture shall issue guidance to implement the amendments made by sections 102, 103, 104, 105, 106, 107, 111, 116, 119(c), 119(g), 120, 126(b), 126(c), 201,
203(a)(3), 203(b), 203(c)(5), 203(e)(3), 203(e)(4), 203(e)(5), 203(e)(6), 203(e)(7), 203(e)(10),
and 203(h)(1).
‘‘(b) INTERIM FINAL REGULATIONS.—The Secretary may promulgate interim final
regulations to implement the amendments described in subsection (a).
‘‘(c) REGULATIONS.—Not later than 2 years after the date of enactment of this Act,
the Secretary shall promulgate final regulations to implement the amendments described
in subsection (a).’’.

July 2, 2004

Q:\COMP\FNS\FSA77

1–67

FOOD STAMP ACT OF 1977

Sec. 12

tions, inconsistent redemption data, or evidence obtained through a
transaction report under an electronic benefit transfer system.
(b) Disqualification under subsection (a) shall be—
(1) for a reasonable period of time, of no less than six
months nor more than five years, upon the first occasion of disqualification;
(2) for a reasonable period of time, of no less than twelve
months nor more than ten years, upon the second occasion of
disqualification;
(3) 12–1 permanent upon—
(A) the third occasion of disqualification;
(B) the first occasion or any subsequent occasion of a
disqualification based on the purchase of coupons or trafficking in coupons or authorization cards by a retail food
store or wholesale food concern, except that the Secretary
shall have the discretion to impose a civil money penalty
of up to $20,000 for each violation (except that the amount
of civil money penalties imposed for violations occurring
during a single investigation may not exceed $40,000) in
lieu of disqualification under this subparagraph, for such
purchase of coupons or trafficking in coupons or cards that
constitutes a violation of the provisions of this Act or the
regulations issued pursuant to this Act, if the Secretary determines that there is substantial evidence that such store
or food concern had an effective policy and program in effect to prevent violations of the Act and the regulations, including evidence that—
(i) the ownership of the store or food concern was
not aware of, did not approve of, did not benefit from,
and was not involved in the conduct of the violation;
and
(ii)(I) the management of the store or food concern
was not aware of, did not approve of, did not benefit
from, and was not involved in the conduct of the violation; or
(II) the management was aware of, approved of,
benefited from, or was involved in the conduct of no
more than 1 previous violation by the store or food concern; or
(C) a finding of the sale of firearms, ammunition, explosives, or controlled substance (as defined in section 802
of title 21, United States Code) for coupons, except that the
Secretary shall have the discretion to impose a civil money
penalty of up to $20,000 for each violation (except that the
amount of civil money penalties imposed for violations occurring during a single investigation may not exceed
$40,000) in lieu of disqualification under this subparagraph
if the Secretary determines that there is substantial evidence (including evidence that neither the ownership nor
management of the store or food concern was aware of, ap12–1 Section 1 of the Act entitled ‘‘An Act to amend the Hunger Prevention Act of 1988
to make a technical correction’’, approved November 5, 1988 (P.L. 100–619) provides that
‘‘In section 701(b)(4) strike out ‘and sections 310 through 352’ and insert in lieu thereof
‘sections 310 through 343, and sections 345 through 352’.’’, thereby subjecting the amendment made by section 344 to the general effective date of October 1, 1988 prescribed in
section 701(a). Section 1 of P.L. 100–619 did not specify which Act was being amended.
The amendment was executed to section 701(b)(4) of the Hunger Prevention Act of 1988
to effectuate the probable intent of Congress.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 12

FOOD STAMP ACT OF 1977

1–68

proved, benefited from, or was involved in the conduct or
approval of the violation) that the store or food concern had
an effective policy and program in effect to prevent violations of this Act; and
(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.
(c) 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.
(d) As a condition of authorization to accept and redeem coupons, the Secretary may require a retail food store or wholesale
food concern which has been disqualified or subjected to a civil penalty pursuant to subsection (a) to furnish a bond to cover the value
of coupons which such store or concern may in the future accept
and redeem in violation of this Act. The Secretary shall, by regulation, prescribe the amount, terms, and conditions of such bond. If
the Secretary finds that such store or concern has accepted and redeemed coupons in violation of this Act after furnishing such bond,
such store or concern shall forfeit to the Secretary an amount of
such bond which is equal to the value of coupons accepted and redeemed by such store or concern in violation of this Act. Such store
or concern may obtain a hearing on such forfeiture pursuant to section 14.
(e)(1) In the event any retail food store or wholesale food concern that has been disqualified under subsection (a) is sold or the
ownership thereof is otherwise transferred to a purchaser or transferee, the person or persons who sell or otherwise transfer ownership of the retail food store or wholesale food concern shall be subjected to a civil money penalty in an amount established by the Secretary through regulations to reflect that portion of the disqualification period that has not yet expired. If the retail food store or
wholesale food concern has been disqualified permanently, the civil
money penalty shall be double the penalty for a ten-year disqualification period, as calculated under regulations issued by the Secretary. The disqualification period imposed under subsection (b)
shall continue in effect as to the person or persons who sell or otherwise transfer ownership of the retail food store or wholesale food
concern notwithstanding the imposition of a civil money penalty
under this subsection.
(2) At any time after a civil money penalty imposed under paragraph (1) has become final under the provisions of section 14(a), the
Secretary may request the Attorney General to institute a civil action against the person or persons subject to the penalty in a district court of the United States for any district in which such person or persons are found, reside, or transact business to collect the
penalty and such court shall have jurisdiction to hear and decide
such action. In such action, the validity and amount of such penalty
shall not be subject to review.
(3) The Secretary may impose a fine against any retail food
store or wholesale food concern that accepts food coupons that are
not accompanied by the corresponding book cover, other than the
denomination of coupons used for making change as specified in
July 2, 2004

Q:\COMP\FNS\FSA77

1–69

FOOD STAMP ACT OF 1977

Sec. 13

regulations issued under this Act. The amount of any such fine
shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this Act separately or in combination with any fiscal claim established by the
Secretary. The Attorney General of the United States may institute
judicial action in any court of competent jurisdiction against the
store or concern to collect the fine.
(f) The Secretary may impose a fine against any person not approved by the Secretary to accept and redeem food coupons who violates any provision of this Act or a regulation issued under this Act,
including violations concerning the acceptance of food coupons. The
amount of any such fine shall be established by the Secretary and
may be assessed and collected in accordance with regulations issued
under this Act separately or in combination with any fiscal claim
established by the Secretary. The Attorney General of the United
States may institute judicial action in any court of competent jurisdiction against the person to collect the fine.
(g) DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED
UNDER THE WIC PROGRAM.—
(1) 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). 12–2
(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.
COLLECTION AND DISPOSITION OF CLAIMS

SEC. 13.
RETARY.—

ø7 U.S.C. 2022¿ (a) GENERAL AUTHORITY

OF THE

SEC-

(1) DETERMINATION OF CLAIMS.—Except in the case of an
at-risk amount required under section 16(c)(1)(D)(i)(III), 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 overissuances to recipients, including the power
to waive claims if the Secretary determines that to do so would
serve the purposes of this Act. Such powers with respect to
claims against recipients may be delegated by the Secretary to
State agencies. The Secretary shall have the power to reduce
amounts otherwise due to a State agency under section 16 of
this Act to collect unpaid claims assessed against the State
agency if the State agency has declined or exhausted its appeal
rights under section 14 of this Act.
(2) CLAIMS ESTABLISHED UNDER QUALITY CONTROL SYSTEM.—To the extent that a State agency does not pay a claim
12–2 So

July 2, 2004

in original. Probably, ‘‘(7 U.S.C. 1786)’’ should be ‘‘(42 U.S.C. 1786)’’.

Q:\COMP\FNS\FSA77

Sec. 13

FOOD STAMP ACT OF 1977

1–70

established under section 16(c)(1), including an agreement to
have all or part of the claim paid through a reduction in Federal administrative funding, within 30 days from the date on
which the bill for collection is received by the State agency, the
State agency shall be liable for interest on any unpaid portion
of such claim accruing from the date on which the bill for collection was received by the State agency, unless the State agency appeals the claim under section 16(c)(7). If the State agency
appeals such claim (in whole or in part), the interest on any
unpaid portion of the claim shall accrue from the date of the
decision on the administrative appeal, or from a date that is 1
year after the date the bill is received, whichever is earlier,
until the date the unpaid portion of the payment is received.
If the State agency pays such claim (in whole or in part, including an agreement to have all or part of the claim paid through
a reduction in Federal administrative funding) and the claim is
subsequently overturned through administrative or judicial appeal, any amounts paid by the State agency shall be promptly
returned with interest, accruing from the date the payment is
received until the date the payment is returned.
(3) COMPUTATION OF INTEREST.—Any interest assessed
under this paragraph shall be computed at a rate determined
by the Secretary based on the average of the bond equivalent
of the weekly 90-day Treasury bill auction rates during the period such interest accrues.
(4) JOINT AND SEVERAL LIABILITY OF HOUSEHOLD MEMBERS.—Each adult member of a household shall be jointly and
severally liable for the value of any overissuance of coupons.
(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
July 2, 2004

Q:\COMP\FNS\FSA77

1–71

FOOD STAMP ACT OF 1977

Sec. 14

(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.
(c)(1) As used in this subsection, the term ‘‘uncollected
overissuance’’ means the amount of an overissuance of coupons, as
determined under subsection (b)(1), that has not been recovered
pursuant to subsection (b)(1).
(2) A State agency may determine on a periodic basis, from information supplied pursuant to section 3(b) of the Wagner-Peyser
Act (29 U.S.C. 49b(b)), whether an individual receiving compensation under the State’s unemployment compensation law (including
amounts payable pursuant to an agreement under a Federal unemployment compensation law) owes an uncollected overissuance.
(3) A State agency may recover an uncollected overissuance—
(A) by—
(i) entering into an agreement with an individual described in paragraph (2) under which specified amounts
will be withheld from unemployment compensation otherwise payable to the individual; and
(ii) furnishing a copy of the agreement to the State
agency administering the unemployment compensation
law; or
(B) in the absence of an agreement, by obtaining a writ,
order, summons, or other similar process in the nature of garnishment from a court of competent jurisdiction to require the
withholding of amounts from the unemployment compensation.
(d) The amount of an overissuance of coupons, as determined
under subsection (b)(1), that has not been recovered pursuant to
such subsection may be recovered from Federal pay (including salaries and pensions) as authorized by section 5514 of title 5 of the
United States Code or a Federal income tax refund as authorized
by section 3720A of title 31, United States Code.
ADMINISTRATIVE AND JUDICIAL REVIEW

SEC. 14. ø7 U.S.C. 2023¿ (a)(1) 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 a retail food store or wholesale food concern forfeits a bond
under section 12(d) 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.
(2) DELIVERY OF NOTICES.—A notice under paragraph (1)
shall be delivered by any form of delivery that the Secretary
determines will provide evidence of the delivery.
(3) 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.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 14

FOOD STAMP ACT OF 1977

1–72

(4) 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.
(5) 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.
(6) Determinations regarding claims made pursuant to section
16(c) (including determinations as to whether there is good cause
for not imposing all or a portion of the penalty) shall be made on
the record after opportunity for an agency hearing in accordance
with section 556 and 557 of title 5, United States Code, in which
one or more administrative law judges appointed pursuant to section 3105 of such title shall preside over the taking of evidence.
(7) Such judges shall have authority to issue and enforce subpoenas in the manner prescribed in sections 13 (c) and (d) of the
Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499m (c)
and (d)) and to appoint expert witnesses under the provisions of
Rule 706 of the Federal Rules of Evidence.
(8) The Secretary may not limit the authority of such judges
presiding over determinations regarding claims made pursuant to
section 16(c).
(9) The Secretary shall provide a summary procedure for determinations regarding claims made pursuant to section 16(c) in
amounts less than $50,000.
(10) Such summary procedure need not include an oral hearing.
(11) On a petition by the State agency or sua sponte, the Secretary may permit the full administrative review procedure to be
used in lieu of such summary review procedure for a claim of less
than $50,000.
(12) Subject to the right of judicial review hereinafter provided,
a determination made by an administrative law judge regarding a
claim made pursuant to section 16(c) shall be final and shall take
effect thirty days after the date of the delivery or service of final
notice of such determination.
(13) If the store, 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.
(14) 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.
(15) 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,
July 2, 2004

Q:\COMP\FNS\FSA77

1–73

FOOD STAMP ACT OF 1977

Sec. 15

except that judicial review of determinations regarding claims made
pursuant to section 16(c) shall be a review on the administrative
record.
(16) 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.
(17) During the pendency of such judicial review, or any appeal
therefrom, the administrative action under review shall be and remain in full force and effect, unless on application to the court on
not less than ten days’ notice, and after hearing thereon and a consideration by the court of the applicant’s likelihood of prevailing on
the merits and of irreparable injury, the court temporarily stays
such administrative action pending disposition of such trial or appeal.
(18) SUSPENSION OF STORES PENDING REVIEW.—Notwithstanding 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.
(b) In any judicial action arising under this Act, any food stamp
allotments found to have been wrongfully withheld shall be restored
only for periods of not more than one year prior to the date of the
commencement of such action, or in the case of an action seeking
review of a final State agency determination, not more than one
year prior to the date of the filing of a request with the State for
the restoration of such allotments or, in either case, not more than
one year prior to the date the State agency is notified or otherwise
discovers the possible loss to a household.
VIOLATIONS AND ENFORCEMENT

SEC. 15. ø7 U.S.C. 2024¿ (a) Notwithstanding any other provision of this Act, the 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)(1) Subject to the provisions of paragraph (2) of this subsection, whoever knowingly uses, transfers, acquires, alters, or possesses coupons, authorization cards, or access devices in any manner contrary to this Act or the regulations issued pursuant to this
Act shall, if such coupons, authorization cards, or access devices are
of a value of $5,000 or more, be guilty of a felony and shall be fined
not more than $250,000 or imprisoned for not more than twenty
years, or both, and shall, if such coupons or authorization cards are
of a value of $100 or more, but less than $5,000, or if the item used,
transferred, acquired, altered, or possessed is an access device that
has a value of $100 or more, but less than $5,000, 15–1 be guilty of
a felony and shall, upon the first conviction thereof, be fined not
15–1 Section 1748(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (P.L.
101–624; 104 Stat. 3797) amended the first sentence of section 15(b)(1) by inserting ‘‘$100
or more’’ each place that such term appears the following: ‘‘but less than $5,000,’’. This
amendment probably should have made reference to an earlier amendment that added the
term ‘‘$100 or more’’ the second place it appears.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 15

FOOD STAMP ACT OF 1977

1–74

more than $10,000 or imprisoned for not more than five years, or
both, and, upon the second and any subsequent conviction thereof,
shall be imprisoned for not less than six months nor more than five
years and may also be fined not more than $10,000 or, if such coupons or authorization cards are of a value of less than $100, or if
the item used, transferred, acquired, altered, or processed is an access device that has a value of less than $100, shall be guilty of a
misdemeanor, and, upon the first conviction thereof, shall be fined
not more than $1,000 or imprisoned for not more than one year, or
both, and upon the second and any subsequent conviction thereof,
shall be imprisoned for not more than one year and may also be
fined not more than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participation in the
food stamp program for an additional period of up to eighteen
months consecutive to that period of suspension mandated by section 6(b)(1) of this Act.
(2) In the case of any individual convicted of an offense under
paragraph (1) of this subsection, the court may permit such individual to perform work approved by the court for the purpose of
providing restitution for losses incurred by the United States and
the State agency as a result of the offense for which such individual
was convicted. If the court permits such individual to perform such
work and such individual agrees thereto, the court shall withhold
the imposition of the sentence on the condition that such individual
perform the assigned work. Upon the successful completion of the
assigned work the court may suspend such sentence.
(c) Whoever presents, or causes to be presented, coupons for
payment or redemption of the value of $100 or more, knowing the
same to have been received, transferred, or used in any manner in
violation of the provisions of this Act or the regulations issued pursuant to this Act, shall be guilty of a felony and, upon the first conviction thereof, shall be fined not more than $20,000 or imprisoned
for not more than five years, or both, and, upon the second and any
subsequent conviction thereof, shall be imprisoned for not less than
one year nor more than five years and may also be fined not more
than $20,000, or, if such coupons are of a value of less than $100,
shall be guilty of a misdemeanor and, upon the first conviction
thereof, shall be fined not more than $1,000 or imprisoned for not
more than one year, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one
year and may also be fined not more than $1,000. In addition to
such penalties, any person convicted of a felony or misdemeanor
violation under this subsection may be suspended by the court from
participation in the food stamp program for an additional period of
up to eighteen months consecutive to that period of suspension
mandated by section 6(b)(1) of this Act.
(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.
July 2, 2004

Q:\COMP\FNS\FSA77

1–75

FOOD STAMP ACT OF 1977

Sec. 16

(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.
(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 by any person
in exchange for coupons, authorization cards or access devices, or
anything of value obtained by use of an access device, in any manner contrary to 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.
(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.
ADMINISTRATIVE COST-SHARING AND QUALITY CONTROL

SEC. 16. ø7 U.S.C. 2025¿ (a) Subject to subsection (k), 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, but not be limited to, the cost of (1) the certification of applicant households, (2) the acceptance, storage, protection, control, and
accounting of coupons after their delivery to receiving points within
the State, (3) the issuance of coupons to all eligible households, (4)
food stamp informational activities, including those undertaken
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–76

under section 11(e)(1)(A), but not including recruitment activities,
(5) fair hearings, (6) automated data processing and information retrieval systems subject to the conditions set forth in subsection (g),
(7) food stamp program investigations and prosecutions, and (8) implementing and operating the immigration status verification system established under section 1137(d) of the Social Security Act (42
U.S.C. 1320b–7(d)): Provided, That the Secretary is authorized at
the Secretary’s discretion to pay any State agency administering
the food stamp program on all or part of an Indian reservation
under section 11(d) of this Act or in a Native village within the
State of Alaska identified in section 11(b) of Public Law 92–203, as
amended. 16–1 such amounts for administrative costs as the Secretary determines to be necessary for effective operation of the food
stamp program, as well as to permit each State to retain 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 from an error
of a State agency. The officials responsible for making determinations of ineligibility under this Act shall not receive or benefit from
revenues retained by the State under the provisions of this subsection.
(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—
16–1 Period so in original. See amendment made by sec. 758 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act,
2000, P.L. 106–78, 113 Stat. 1172, Oct. 22, 1999.

July 2, 2004

Q:\COMP\FNS\FSA77

1–77

FOOD STAMP ACT OF 1977

Sec. 16

(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.
(c) QUALITY CONTROL SYSTEM.— 16–2
(1) IN GENERAL.—
(A) SYSTEM.—In carrying out the food stamp program,
the Secretary shall carry out a system that enhances payment accuracy and improves administration by establishing fiscal incentives that require State agencies with
high payment error rates to share in the cost of payment
error.
(B) ADJUSTMENT OF FEDERAL SHARE OF ADMINISTRATIVE COSTS FOR FISCAL YEARS BEFORE FISCAL YEAR 2003.—
(i) IN GENERAL.—Subject to clause (ii), with respect
to any fiscal year before fiscal year 2003, the Secretary
shall adjust a State agency’s federally funded share of
administrative costs under subsection (a), other than
the costs already shared in excess of 50 percent under
the proviso in the first sentence of subsection (a) or
under subsection (g), by increasing that share of all
such administrative costs by 1 percentage point to a
maximum of 60 percent of all such administrative costs
for each full 1⁄10 of a percentage point by which the
payment error rate is less than 6 percent.
(ii) LIMITATION.—Only States with a rate of invalid
decisions in denying eligibility that is less than a nationwide percentage that the Secretary determines to
be reasonable shall be entitled to the adjustment
under clause (i).
(C) ESTABLISHMENT OF LIABILITY AMOUNT FOR FISCAL
YEAR 2003 AND THEREAFTER.—With respect to fiscal year
16–2 Sec. 4118(e) of the Farm Security and Rural Investment Act of 2002, P.L. 107–171,
116 Stat. 321, May 13, 2002, provides that the amendments made by that section shall
not apply with respect to any sanction, appeal, new investment agreement, or other action
by the Secretary of Agriculture or a State agency that is based on a payment error rate
calculated for any fiscal year before fiscal year 2003.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–78

2004 and any fiscal year thereafter for which the Secretary
determines that, for the second or subsequent consecutive
fiscal year, a 95 percent statistical probability exists that
the payment error rate of a State agency exceeds 105 percent of the national performance measure for payment
error rates announced under paragraph (6), the Secretary
shall establish an amount for which the State agency may
be liable (referred to in this paragraph as the ‘‘liability
amount’’) that is equal to the product obtained by
multiplying—
(i) the value of all allotments issued by the State
agency in the fiscal year;
(ii) the difference between—
(I) the payment error rate of the State agency;
and
(II) 6 percent; and
(iii) 10 percent.
(D) AUTHORITY OF SECRETARY WITH RESPECT TO LIABILITY AMOUNT.—With respect to the liability amount established for a State agency under subparagraph (C) for any
fiscal year, the Secretary shall—
(i)(I) waive the responsibility of the State agency
to pay all or any portion of the liability amount established for the fiscal year (referred to in this paragraph
as the ‘‘waiver amount’’);
(II) require that a portion, not to exceed 50 percent, of the liability amount established for the fiscal
year be used by the State agency for new investment,
approved by the Secretary, to improve administration
by the State agency of the food stamp program (referred to in this paragraph as the ‘‘new investment
amount’’), which new investment amount shall not be
matched by Federal funds;
(III) designate a portion, not to exceed 50 percent,
of the amount established for the fiscal year for payment to the Secretary in accordance with subparagraph (E) (referred to in this paragraph as the ‘‘at-risk
amount’’); or
(IV) take any combination of the actions described
in subclauses (I) through (III); or
(ii) make the determinations described in clause (i)
and enter into a settlement with the State agency, only
with respect to any waiver amount or new investment
amount, before the end of the fiscal year in which the
liability amount is determined under subparagraph
(C).
(E) PAYMENT OF AT-RISK AMOUNT FOR CERTAIN
STATES.—
(i) IN GENERAL.—A State agency shall pay to the
Secretary the at-risk amount designated under subparagraph (D)(i)(III) for any fiscal year in accordance
with clause (ii), if, with respect to the immediately following fiscal year, a liability amount has been established for the State agency under subparagraph (C).
(ii) METHOD OF PAYMENT OF AT-RISK AMOUNT.—
July 2, 2004

Q:\COMP\FNS\FSA77

1–79

FOOD STAMP ACT OF 1977

Sec. 16

(I) REMISSION TO THE SECRETARY.—In the case
of a State agency required to pay an at-risk
amount under clause (i), as soon as practicable
after completion of all administrative and judicial
reviews with respect to that requirement to pay,
the chief executive officer of the State shall remit
to the Secretary the at-risk amount required to be
paid.
(II) ALTERNATIVE METHOD OF COLLECTION.—
(aa) IN GENERAL.—If the chief executive
officer of the State fails to make the payment
under subclause (I) within a reasonable period
of time determined by the Secretary, the Secretary may reduce any amount due to the
State agency under any other provision of this
section by the amount required to be paid
under clause (i).
(bb) ACCRUAL OF INTEREST.—During any
period of time determined by the Secretary
under item (aa), interest on the payment
under subclause (I) shall not accrue under section 13(a)(2).
(F) USE OF PORTION OF LIABILITY AMOUNT FOR NEW INVESTMENT.—
(i) REDUCTION OF OTHER AMOUNTS DUE TO STATE
AGENCY.—In the case of a State agency that fails to
comply with a requirement for new investment under
subparagraph (D)(i)(II) or clause (iii)(I), the Secretary
may reduce any amount due to the State agency under
any other provision of this section by the portion of the
liability amount that has not been used in accordance
with that requirement.
(ii) EFFECT OF STATE AGENCY’S WHOLLY PREVAILING
ON APPEAL.—If a State agency begins required new investment under subparagraph (D)(i)(II), the State
agency appeals the liability amount of the State agency, and the determination by the Secretary of the liability amount is reduced to $0 on administrative or
judicial review, the Secretary shall pay to the State
agency an amount equal to 50 percent of the new investment amount that was included in the liability
amount subject to the appeal.
(iii) EFFECT OF SECRETARY’S WHOLLY PREVAILING
ON APPEAL.—If a State agency does not begin required
new investment under subparagraph (D)(i)(II), the
State agency appeals the liability amount of the State
agency, and the determination by the Secretary of the
liability amount is wholly upheld on administrative or
judicial review, the Secretary shall—
(I) require all or any portion of the new investment amount to be used by the State agency for
new investment, approved by the Secretary, to improve administration by the State agency of the
food stamp program, which amount shall not be
matched by Federal funds; and
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–80

(II) require payment of any remaining portion
of the new investment amount in accordance with
subparagraph (E)(ii).
(iv) EFFECT OF NEITHER PARTY’S WHOLLY PREVAILING ON APPEAL.—The Secretary shall promulgate
regulations regarding obligations of the Secretary and
the State agency in a case in which the State agency
appeals the liability amount of the State agency and
neither the Secretary nor the State agency wholly prevails.
(G) CORRECTIVE ACTION PLANS.—The Secretary shall
foster management improvements by the States by requiring State agencies, other than State agencies with payment
error rates of less than 6 percent, to develop and implement corrective action plans to reduce payment errors.
(2) As used in this section—
(A) the term ‘‘payment error rate’’ means the sum of the
point estimates of an overpayment error rate and an underpayment error rate determined by the Secretary from data collected in a probability sample of participating households;
(B) the term ‘‘overpayment error rate’’ means the percentage of the value of all allotments issued in a fiscal year by a
State agency that are either—
(i) issued to households that fail to meet basic program
eligibility requirements; or
(ii) overissued to eligible households; and
(C) the term ‘‘underpayment error rate’’ means the ratio of
the value of allotments underissued to recipient households to
the total value of allotments issued in a fiscal year by a State
agency.
(3) The following errors may be measured for management purposes but shall not be included in the payment error rate:
(A) Any errors resulting in the application of new regulations promulgated under this Act during the first 120 days
from the required implementation date for such regulations.
(B) Errors resulting from the use by a State agency of correctly processed information concerning households or individuals received from Federal agencies or from actions based on
policy information approved or disseminated, in writing, by the
Secretary or the Secretary’s designee.
(4) REPORTING REQUIREMENTS.—The Secretary may require
a State agency to report any factors that the Secretary considers necessary to determine a State agency’s payment error
rate, liability amount or new investment amount under paragraph (1), or performance under the performance measures
under subsection (d). If a State agency fails to meet the reporting requirements established by the Secretary, the Secretary
shall base the determination on all pertinent information available to the Secretary.
(5) PROCEDURES.—To facilitate the implementation of this
subsection, each State agency shall expeditiously submit to the
Secretary data concerning the operations of the State agency in
each fiscal year sufficient for the Secretary to establish the
State agency’s payment error rate, liability amount or new investment amount under paragraph (1), or performance under
the performance measures under subsection (d). The Secretary
July 2, 2004

Q:\COMP\FNS\FSA77

1–81

FOOD STAMP ACT OF 1977

Sec. 16

shall initiate efforts to collect the amount owed by the State
agency as a claim established under paragraph (1) for a fiscal
year, subject to the conclusion of any formal or informal appeal
procedure and administrative or judicial review under section
14 (as provided for in paragraph (7)), before the end of the fiscal year following such fiscal year.
(6) NATIONAL PERFORMANCE MEASURE FOR PAYMENT ERROR
RATES.—
(A) ANNOUNCEMENT.—At the time the Secretary makes
the notification to State agencies of their error rates, the
Secretary shall also announce a national performance
measure that shall be the sum of the products of each
State agency’s error rate as developed for the notifications
under paragraph (8) times that State agency’s proportion of
the total value of national allotments issued for the fiscal
year using the most recent issuance data available at the
time of the notifications issued pursuant to paragraph (8).
(B) USE OF ALTERNATIVE MEASURE OF STATE ERROR.—
Where a State fails to meet reporting requirements pursuant to paragraph (4), the Secretary may use another measure of a State’s error developed pursuant to paragraph (8),
to develop the national performance measure.
(C) USE OF NATIONAL PERFORMANCE MEASURE.—The
announced national performance measure shall be used in
determining the liability amount of a State under paragraph (1)(C) for the fiscal year whose error rates are being
announced under paragraph (8).
(D) NO ADMINISTRATIVE OR JUDICIAL REVIEW.—The national performance measure announced under this paragraph shall not be subject to administrative or judicial review.
(7) ADMINISTRATIVE AND JUDICIAL REVIEW.—
(A) IN GENERAL.—Except as provided in subparagraphs
(B) and (C), if the Secretary asserts a financial claim
against or establishes a liability amount with respect to a
State agency under paragraph (1), the State may seek administrative and judicial review of the action pursuant to
section 14.
(B) DETERMINATION OF PAYMENT ERROR RATE.—With
respect to any fiscal year, a determination of the payment
error rate of a State agency or a determination whether the
payment error rate exceeds 105 percent of the national performance measure for payment error rates shall be subject
to administrative or judicial review only if the Secretary establishes a liability amount with respect to the fiscal year
under paragraph (1)(C).
(C) AUTHORITY OF SECRETARY WITH RESPECT TO LIABILITY AMOUNT.—An action by the Secretary under subparagraph (D) or (F)(iii) of paragraph (1) shall not be subject to
administrative or judicial review.
(8)(A) This paragraph applies to the determination of whether
a payment is due by a State agency for a fiscal year under paragraph (1).
(B) Not later than the first May 31 after the end of the fiscal
year referred to in subparagraph (A), the case review and all arbitrations of State-Federal difference cases shall be completed.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–82

(C) Not later than the first June 30 after the end of the fiscal
year referred to in subparagraph (A), the Secretary shall—
(i) determine final error rates, the national average payment error rate, and the amounts of payment claimed against
State agencies or liability amount established with respect to
State agencies;
(ii) notify State agencies of the payment claims or liability
amounts; and
(iii) provide a copy of the document providing notification
under clause (ii) to the chief executive officer and the legislature of the State.
(D) A State agency desiring to appeal a payment claim or liability amount determined under subparagraph (C) shall submit to an
administrative law judge—
(i) a notice of appeal, not later than 10 days after receiving
a notice of the claim or liability amount; and
(ii) evidence in support of the appeal of the State agency,
not later than 60 days after receiving a notice of the claim or
liability amount.
(E) Not later than 60 days after a State agency submits evidence in support of the appeal, the Secretary shall submit responsive evidence to the administrative law judge to the extent such evidence exists.
(F) Not later than 30 days after the Secretary submits responsive evidence, the State agency shall submit rebuttal evidence to
the administrative law judge to the extent such evidence exists.
(G) The administrative law judge, after an evidentiary hearing,
shall decide the appeal—
(i) not later than 60 days after receipt of rebuttal evidence
submitted by the State agency; or
(ii) if the State agency does not submit rebuttal evidence,
not later than 90 days after the State agency submits the notice of appeal and evidence in support of the appeal.
(H) In considering a claim or liability amount under this paragraph, the administrative law judge shall consider all grounds for
denying the claim or liability amount, in whole or in part, including
the contention of a State agency that the claim or liability amount
should be waived, in whole or in part, for good cause.
(I) The deadlines in subparagraphs (D), (E), (F), and (G) shall
be extended by the administrative law judge for cause shown.
(9) As used in this subsection, the term ‘‘good cause’’ includes—
(A) a natural disaster or civil disorder that adversely affects food stamp program operations;
(B) a strike by employees of a State agency who are necessary for the determination of eligibility and processing of case
changes under the food stamp program;
(C) a significant growth in food stamp caseload in a State
prior to or during a fiscal year, such as a 15 percent growth in
caseload;
(D) a change in the food stamp program or other Federal
or State program that has a substantial adverse impact on the
management of the food stamp program of a State; and
(E) a significant circumstance beyond the control of the
State agency.
(d) BONUSES FOR STATES THAT DEMONSTRATE HIGH OR MOST
IMPROVED PERFORMANCE.—
July 2, 2004

Q:\COMP\FNS\FSA77

1–83

FOOD STAMP ACT OF 1977

Sec. 16

(1) FISCAL YEARS 2003 AND 2004.—
(A) GUIDANCE.—With respect to fiscal years 2003 and
2004, the Secretary shall establish, in guidance issued to
State agencies not later than October 1, 2002—
(i) performance criteria relating to—
(I) actions taken to correct errors, reduce rates
of error, and improve eligibility determinations;
and
(II) other indicators of effective administration
determined by the Secretary; and
(ii) standards for high and most improved performance to be used in awarding performance bonus payments under subparagraph (B)(ii).
(B) PERFORMANCE BONUS PAYMENTS.—With respect to
each of fiscal years 2003 and 2004, the Secretary shall—
(i) measure the performance of each State agency
with respect to the criteria established under subparagraph (A)(i); and
(ii) subject to paragraph (3), award performance
bonus payments in the following fiscal year, in a total
amount of $48,000,000 for each fiscal year, to State
agencies that meet standards for high or most improved performance established by the Secretary under
subparagraph (A)(ii).
(2) FISCAL YEARS 2005 AND THEREAFTER.—
(A) REGULATIONS.—With respect to fiscal year 2005
and each fiscal year thereafter, the Secretary shall—
(i) establish, by regulation, performance criteria
relating to—
(I) actions taken to correct errors, reduce rates
of error, and improve eligibility determinations;
and
(II) other indicators of effective administration
determined by the Secretary;
(ii) establish, by regulation, standards for high and
most improved performance to be used in awarding
performance bonus payments under subparagraph
(B)(ii); and
(iii) before issuing proposed regulations to carry
out clauses (i) and (ii), solicit ideas for performance criteria and standards for high and most improved performance from State agencies and organizations that
represent State interests.
(B) PERFORMANCE BONUS PAYMENTS.—With respect to
fiscal year 2005 and each fiscal year thereafter, the Secretary shall—
(i) measure the performance of each State agency
with respect to the criteria established under subparagraph (A)(i); and
(ii) subject to paragraph (3), award performance
bonus payments in the following fiscal year, in a total
amount of $48,000,000 for each fiscal year, to State
agencies that meet standards for high or most improved performance established by the Secretary under
subparagraph (A)(ii).
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–84

(3) PROHIBITION ON RECEIPT OF PERFORMANCE BONUS PAYMENTS.—A State agency shall not be eligible for a performance
bonus payment with respect to any fiscal year for which the
State agency has a liability amount established under subsection (c)(1)(C).
(4) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.—A determination by the Secretary whether, and in what amount, to
award a performance bonus payment under this subsection
shall not be subject to administrative or judicial review.
(e) The Secretary and State agencies shall (1) require, as a condition of eligibility for participation in the food stamp program, that
each household member furnish to the State agency their social security account number (or numbers, if they have more than one
number), and (2) use such account numbers in the administration
of the food stamp program. The Secretary and State agencies shall
have access to the information regarding individual food stamp program applicants and participants who receive benefits under title
XVI of the Social Security Act [(42 U.S.C. 1381 et seq.)]that has
been provided to the Commissioner of Social Security, but only to
the extent that the Secretary and the Commissioner of Social Security determine necessary for purposes of determining or auditing a
household’s eligibility to receive assistance or the amount thereof
under the food stamp program, or verifying information related
thereto.
(f) 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.
(g) The Secretary is authorized to pay to each State agency an
amount equal to—
63 percent effective on October 1, 1991, of 16–3 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 programs funded under part A of title IV of the Social Security Act
[(42 U.S.C. 601 et seq.)]: Provided, That there shall be no such payments to the extent 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.
(h) FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.—
(1) IN GENERAL.—
16–3 Effective for calendar quarters beginning on or after April 1, 1994, section 13961(2)
of the Mickey Leland Childhood Hunger Relief Act (P.L. 103–66, 107 Stat. 679) amends
section 16(g) by striking ‘‘an amount equal to 63 percent effective on October 1, 1991, of’’
and inserting ‘‘the amount provided under subsection (a)(6) for’’. The amendment is not
executed because the amendment did not strike the hyphen or remove the indentation in
the text of this subsection, as added by section 129 of P.L. 96–249 (94 Stat. 367) and
amended by section 180(a)(2) of P.L. 97–253 (96 Stat. 782), section 1752(a) of P.L. 101–
624 (104 Stat. 3797), and section 941(7)(A) of P.L. 102–237 (105 Stat. 1893).

July 2, 2004

Q:\COMP\FNS\FSA77

1–85

FOOD STAMP ACT OF 1977

Sec. 16

(A) 16–4 AMOUNTS.—To carry out employment and training programs, the Secretary shall reserve for allocation to
State agencies, to remain available until expended, 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—
(I) $81,000,000; and
(II) an additional amount of $131,000,000;
(iv) for fiscal year 1999—
(I) $84,000,000; and
(II) an additional amount of $31,000,000;
(v) for fiscal year 2000—
(I) $86,000,000; and
(II) an additional amount of $86,000,000;
(vi) for fiscal year 2001—
(I) $88,000,000; and
(II) an additional amount of $131,000,000; and
(vii) for each of fiscal years 2002 through 2007,
$90,000,000.
(B) ALLOCATION.—Funds made available under subparagraph (A) shall be made available to and reallocated
among State agencies under a reasonable formula that—
(i) is determined and adjusted by the Secretary;
and
(ii) takes into account the number of individuals
who are not exempt from the work requirement under
section 6(o).
(C) REALLOCATION.—If a State agency will not expend
all of the funds allocated to the State agency for a fiscal
year under subparagraph (B), the Secretary shall reallocate
the unexpended funds to other States (during the fiscal
year or the subsequent fiscal year) as the Secretary considers appropriate and equitable.
(D) MINIMUM ALLOCATION.—Notwithstanding subparagraph (B), the Secretary shall ensure that each State agency operating an employment and training program shall receive not less than $50,000 for each fiscal year.
(E) ADDITIONAL ALLOCATIONS FOR STATES THAT ENSURE
AVAILABILITY OF WORK OPPORTUNITIES.—
(i) IN GENERAL.—In addition to the allocations
under subparagraph (A), from funds made available
under section 18(a)(1), the Secretary shall allocate not
more than $20,000,000 for each of fiscal years 2002
through 2007 to reimburse a State agency that is eligible under clause (ii) for the costs incurred in serving
food stamp recipients who—
(I) are not eligible for an exception under section 6(o)(3); and
(II) are placed in and comply with a program
described in subparagraph (B) or (C) of section
6(o)(2).
16–4 Sec. 4121(b) of the Farm Security and Rural Investment Act of 2002, P.L. 107–171,
116 Stat. 323, May 13, 2002, provides that funds provided under section 16(h)(1)(A) for
any fiscal year before fiscal year 2002 shall be rescinded on the date of enactment of that
Act, unless obligated by a State agency before that date.

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–86

(ii) ELIGIBILITY.—To be eligible for an additional
allocation under clause (i), a State agency shall make
and comply with a commitment to offer a position in
a program described in subparagraph (B) or (C) of section 6(o)(2) to each applicant or recipient who—
(I) is in the last month of the 3-month period
described in section 6(o)(2);
(II) is not eligible for an exception under section 6(o)(3);
(III) is not eligible for a waiver under section
6(o)(4); and
(IV) is not exempt under section 6(o)(6).
(2) If, in carrying out such program during such fiscal year, a
State agency incurs costs that exceed the amount allocated to the
State agency under paragraph (1), the Secretary shall pay such
State agency an amount equal to 50 per centum of such additional
costs, subject to the first limitation in paragraph (3), including the
costs for case management and casework to facilitate the transition
from economic dependency to self-sufficiency through work.
(3) The Secretary shall also reimburse each State agency in an
amount equal to 50 per centum of the total amount of payments
made or costs incurred by the State agency in connection with
transportation costs and other expenses reasonably necessary and
directly related to participation in an employment and training program under section 6(d)(4), except that the amount of the reimbursement for dependent care expenses shall not exceed an amount
equal to the payment made under section 6(d)(4)(I)(i)(II) but not
more than the applicable local market rate, and such reimbursement shall not be made out of funds allocated under paragraph (1).
(4) Funds provided to a State agency under this subsection may
be used only for operating an employment and training program
under section 6(d)(4), and may not be used for carrying out other
provisions of this Act.
(5) The Secretary shall monitor the employment and training
programs carried out by State agencies under section 6(d)(4) to
measure their effectiveness in terms of the increase in the numbers
of household members who obtain employment and the numbers of
such members who retain such employment as a result of their participation in such employment and training programs.
(i)(1) The Department of Agriculture may use quality control
information made available under this section to determine which
project areas have payment error rates (as defined in subsection
(d)(1)) that impair the integrity of the food stamp program.
(2) The Secretary may require a State agency to carry out new
or modified procedures for the certification of households in areas
identified under paragraph (1) if the Secretary determines such procedures would improve the integrity of the food stamp program and
be cost effective.
(j) Not later than 180 days after the date of the enactment of
the Hunger Prevention Act of 1988 [enacted on September 19,
1988], and annually thereafter, the Secretary shall publish instructional materials specifically designed to be used by the State agency
to provide intensive training to State agency personnel who undertake the certification of households that include a member who engages in farming.
(k) REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS.—
July 2, 2004

Q:\COMP\FNS\FSA77

1–87

FOOD STAMP ACT OF 1977

Sec. 16

(1) DEFINITIONS.—In this subsection:
(A) AFDC PROGRAM.—The term ‘‘AFDC program’’
means the program of aid to families with dependent children established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. (as in effect, with respect to
a State, during the base period for that State)).
(B) BASE PERIOD.—The term ‘‘base period’’ means the
period used to determine the amount of the State family
assistance grant for a State under section 403 of the Social
Security Act (42 U.S.C. 603).
(C) MEDICAID PROGRAM.—The term ‘‘medicaid program’’ means the program of medical assistance under a
State plan or under a waiver of the plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
(2) DETERMINATIONS OF AMOUNTS ATTRIBUTABLE TO BENEFITING PROGRAMS.—Not later than 180 days after the date of
enactment of this subsection, the Secretary of Health and
Human Services, in consultation with the Secretary of Agriculture and the States, shall, with respect to the base period
for each State, determine—
(A) the annualized amount the State received under
section 403(a)(3) of the Social Security Act (42 U.S.C.
603(a)(3) (as in effect during the base period)) for administrative costs common to determining the eligibility of individuals, families, and households eligible or applying for
the AFDC program and the food stamp program, the AFDC
program and the medicaid program, and the AFDC program, the food stamp program, and the medicaid program
that were allocated to the AFDC program; and
(B) the annualized amount the State would have received under section 403(a)(3) of the Social Security Act (42
U.S.C. 603(a)(3) (as so in effect)), section 1903(a)(7) of the
Social Security Act (42 U.S.C. 1396b(a)(7) (as so in effect)),
and subsection (a) of this section (as so in effect), for administrative costs common to determining the eligibility of
individuals, families, and households eligible or applying
for the AFDC program and the food stamp program, the
AFDC program and the medicaid program, and the AFDC
program, the food stamp program, and the medicaid program, if those costs had been allocated equally among such
programs for which the individual, family, or household
was eligible or applied for.
(3) REDUCTION IN PAYMENT.—
(A) IN GENERAL.—Notwithstanding any other provision
of this section, effective for each of fiscal years 1999
through 2007, the Secretary shall reduce, for each fiscal
year, the amount paid under subsection (a) to each State
by an amount equal to the amount determined for the food
stamp program under paragraph (2)(B). The Secretary
shall, to the extent practicable, make the reductions required by this paragraph on a quarterly basis.
(B) APPLICATION.—If the Secretary of Health and
Human Services does not make the determinations required by paragraph (2) by September 30, 1999—
(i) during the fiscal year in which the determinations are made, the Secretary shall reduce the amount
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 16

FOOD STAMP ACT OF 1977

1–88

paid under subsection (a) to each State by an amount
equal to the sum of the amounts determined for the
food stamp program under paragraph (2)(B) for fiscal
year 1999 through the fiscal year during which the determinations are made; and
(ii) for each subsequent fiscal year through fiscal
year 2007, subparagraph (A) applies.
(4) APPEAL OF DETERMINATIONS.—
(A) IN GENERAL.—Not later than 5 days after the date
on which the Secretary of Health and Human Services
makes any determination required by paragraph (2) with
respect to a State, the Secretary shall notify the chief executive officer of the State of the determination.
(B) REVIEW BY ADMINISTRATIVE LAW JUDGE.—
(i) IN GENERAL.—Not later than 60 days after the
date on which a State receives notice under subparagraph (A) of a determination, the State may appeal the
determination, in whole or in part, to an administrative law judge of the Department of Health and
Human Services by filing an appeal with the administrative law judge.
(ii) DOCUMENTATION.—The administrative law
judge shall consider an appeal filed by a State under
clause (i) on the basis of such documentation as the
State may submit and as the administrative law judge
may require to support the final decision of the administrative law judge.
(iii) REVIEW.—In deciding whether to uphold a determination, in whole or in part, the administrative
law judge shall conduct a thorough review of the issues
and take into account all relevant evidence.
(iv) DEADLINE.—Not later than 60 days after the
date on which the record is closed, the administrative
law judge shall—
(I) make a final decision with respect to an appeal filed under clause (i); and
(II) notify the chief executive officer of the
State of the decision.
(C) REVIEW BY DEPARTMENTAL APPEALS BOARD.—
(i) IN GENERAL.—Not later than 30 days after the
date on which a State receives notice under subparagraph (B) of a final decision, the State may appeal the
decision, in whole or in part, to the Departmental Appeals Board established in the Department of Health
and Human Services (referred to in this paragraph as
the ‘‘Board’’) by filing an appeal with the Board.
(ii) REVIEW.—The Board shall review the decision
on the record.
(iii) DEADLINE.—Not later than 60 days after the
date on which the appeal is filed, the Board shall—
(I) make a final decision with respect to an appeal filed under clause (i); and
(II) notify the chief executive officer of the
State of the decision.
(D) JUDICIAL REVIEW.—The determinations of the Secretary of Health and Human Services under paragraph (2),
July 2, 2004

Q:\COMP\FNS\FSA77

1–89

FOOD STAMP ACT OF 1977

Sec. 17

and a final decision of the administrative law judge or
Board under subparagraphs (B) and (C), respectively, shall
not be subject to judicial review.
(E) REDUCED PAYMENTS PENDING APPEAL.—The pendency of an appeal under this paragraph shall not affect the
requirement that the Secretary reduce payments in accordance with paragraph (3).
(5) ALLOCATION OF ADMINISTRATIVE COSTS.—
(A) IN GENERAL.—No funds or expenditures described
in subparagraph (B) may be used to pay for costs—
(i) eligible for reimbursement under subsection (a)
(or costs that would have been eligible for reimbursement but for this subsection); and
(ii) allocated for reimbursement to the food stamp
program under a plan submitted by a State to the Secretary of Health and Human Services to allocate administrative costs for public assistance programs.
(B) FUNDS AND EXPENDITURES.—Subparagraph (A) applies to—
(i) funds made available to carry out part A of title
IV, or title XX, of the Social Security Act (42 U.S.C.
601 et seq., 1397 et seq.);
(ii) expenditures made as qualified State expenditures (as defined in section 409(a)(7)(B) of that Act (42
U.S.C. 609(a)(7)(B)));
(iii) any other Federal funds (except funds provided under subsection (a)); and
(iv) any other State funds that are—
(I) expended as a condition of receiving Federal funds; or
(II) used to match Federal funds under a Federal program other than the food stamp program.
RESEARCH, DEMONSTRATION, AND EVALUATIONS

SEC. 17. ø7 U.S.C. 2026¿ (a)(1) The Secretary may enter into
contracts with or make grants to public or private organizations or
agencies under this section to undertake research that will help improve the administration and effectiveness of the food stamp program in delivering nutrition-related benefits. The waiver authority
of the Secretary under subsection (b) shall extend to all contracts
and grants under this section.
(2) The Secretary may, on application, permit not more than
two State agencies to establish procedures that allow households
whose monthly food stamp benefits do not exceed $20, at their option, to receive, in lieu of their food stamp benefits for the initial
period under section 8 and their regular allotment in following
months, and at intervals of up to 3 months thereafter, aggregate allotments not to exceed $60 and covering not more than 3 months’
benefits. The allotments shall be provided in accordance with paragraphs (3) and (9) of section 11(e) (except that no household shall
begin to receive combined allotments under this section until it has
complied with all applicable verification requirements of section
11(e)(3)) and (with respect to the first aggregate allotment so
issued) within 40 days of the last coupon issuance.
(b)(1)(A) The Secretary may conduct on a trial basis, in one or
more areas of the United States, pilot or experimental projects deJuly 2, 2004

Q:\COMP\FNS\FSA77

Sec. 17

FOOD STAMP ACT OF 1977

1–90

signed 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, 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 [August 22, 1996];
(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) paragraphs (4) and (5) 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 conJuly 2, 2004

Q:\COMP\FNS\FSA77

1–91

FOOD STAMP ACT OF 1977

Sec. 17

duct 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;
(VI) waives a provision of section 26; or
(VII) waives a provision of section 7(j).
(v) ADDITIONAL INCLUDED PROJECTS.—A pilot or
experimental project may include projects involving the
payment of the value of allotments or the average
value of allotments by household size in the form of
cash to eligible households all of whose members are
age sixty-five or over or any of whose members are entitled to supplemental security income benefits under
title XVI of the Social Security Act [(42 U.S.C. 1381 et
seq.)] or 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.), the use of
countersigned food coupons or similar identification
mechanisms that do not invade a household’s privacy,
and the use of food checks or other voucher-type forms
in place of food coupons.
(vi) CASH PAYMENT PILOT PROJECTS.—Any pilot or
experimental project implemented under this paragraph and operating as of October 1, 1981, involving
the payment of the value of allotments in the form of
cash to eligible households all of whose members are
either age sixty-five or over or entitled to supplemental
security income benefits under title XVI of the Social
Security Act [(42 U.S.C. 1381 et seq.)] shall be continued through October 1, 2007, if the State so requests.
(C)(i) No waiver or demonstration program shall be approved
under this Act after the date of enactment of this subparagraph
unless—
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 17

FOOD STAMP ACT OF 1977

1–92

(I) any household whose food assistance is issued in a form
other than coupons has its allotment increased to the extent
necessary to compensate for any State or local sales tax that
may be collected in all or part of the area covered by the demonstration project, the tax on purchases of food by any such
household is waived, or the Secretary determines on the basis
of information provided by the State agency 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) the State agency conducting the demonstration project
pays the cost of any increased allotments.
(ii) Clause (i) shall not apply if a waiver or demonstration
project already provides a household with assistance that exceeds
that which the household would otherwise be eligible to receive by
more than the estimated amount of any sales tax on the purchases
of food that would be collected from the household in the project
area in which the household resides.
(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.
(2) The Secretary shall, jointly with the Secretary of Labor, implement 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 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 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 otherJuly 2, 2004

Q:\COMP\FNS\FSA77

1–93

FOOD STAMP ACT OF 1977

Sec. 17

wise 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 (ten days in at least one pilot project area
designated by the Secretary) after the initial registration for employment referred to in section 6(d)(1)(A)(i) of this Act, to accept an
offer of employment from a political subdivision or provider pursuant to a program carried out under title I of the Workforce Investment Act of 1998 ø(29 U.S.C. 2801 et seq.)¿, 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, if all of
the jobs supported under the program have been made available to
participants in the program before the political subdivision or provider providing the jobs extends an offer of employment under this
paragraph, and if the political subdivision or provider, in employing
the person, complies with the requirements of Federal law that relate to the program. 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 [Amendatory Act enacted
on September 29, 1977.], 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.
(3)(A) The Secretary may conduct demonstration projects to
test improved consistency or coordination between the food stamp
employment and training program and the Job Opportunities and
Basic Skills program under title IV of the Social Security Act (42
U.S.C. 601 et seq.).
(B) Notwithstanding paragraph (1), the Secretary may, as part
of a project authorized under this paragraph, waive requirements
under section 6(d) to permit a State to operate an employment and
training program for food stamp recipients on the same terms and
conditions under which the State operates its Job Opportunities
and Basic Skills program for recipients of aid to families with dependent children under part F of title IV of the Social Security Act
(42 U.S.C. 681 et seq.). Any work experience program conducted as
part of the project shall be conducted in conformity with section
482(f) of such Act (42 U.S.C. 682(f)).
(C) A State seeking such a waiver shall provide assurances that
the resulting employment and training program shall meet the reJuly 2, 2004

Q:\COMP\FNS\FSA77

Sec. 17

FOOD STAMP ACT OF 1977

1–94

quirements of subsections (a)(19) and (g) of section 402 of such Act
(42 U.S.C. 602) (but not including the provision of transitional benefits under clauses (ii) through (vii) of section 402(g)(1)(A)) and sections 481 through 487 of such Act (42 U.S.C. 681 through 687).
Each reference to ‘‘aid to families with dependent children’’ in such
sections shall be deemed to be a reference to food stamps for purposes of the demonstration project.
(D) Notwithstanding the other provisions of this paragraph,
participation in an employment and training activity in which food
stamp benefits are converted to cash shall occur only with the consent of the participant.
(E) For the purposes of any project conducted under this paragraph, the provisions of this Act affecting the rights of recipients
may be waived to the extent necessary to conform to the provisions
of section 402, and sections 481 through 487, of the Social Security
Act.
(F) At least 60 days prior to granting final approval of a project
under this paragraph, the Secretary shall publish the terms and
conditions for any demonstration project conducted under the paragraph for public comment in the Federal Register and shall notify
the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(G) Waivers may be granted under this paragraph to conduct
projects at any one time in a total of up to 60 project areas (or parts
of project areas), as such areas are defined in regulations in effect
on January 1, 1990.
(H) A waiver for a change in program rules may be granted
under this paragraph only for a demonstration project that has
been approved by the Secretary, that will be evaluated according to
criteria prescribed by the Secretary, and that will be in operation
for no more than 4 years.
(I) The Secretary may not grant a waiver under this paragraph
on or after the date of enactment of this subparagraph [Aug. 22,
1996]. Any reference in this paragraph to a provision of title IV of
the Social Security Act shall be deemed to be a reference to such
provision as in effect on the day before such date.
(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. Further, the Secretary shall, by way of making contracts with or grants
to public or private organizations or agencies, implement pilot programs to test various means of measuring on a continuing basis the
nutritional status of low income people, with special emphasis on
people who are eligible for food stamps, in order to develop minimum common criteria and methods for systematic nutrition monitoring that could be applied on a nationwide basis. The locations of
the pilot programs shall be selected to provide a representative geographic and demographic cross-section of political subdivisions that
reflect natural usage patterns of health and nutritional services and
July 2, 2004

Q:\COMP\FNS\FSA77

1–95

FOOD STAMP ACT OF 1977

Sec. 17

that contain high proportions of low income people. The Secretary
shall report on the progress of these pilot programs on an annual
basis commencing on July 1, 1982, to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate, together with such recommendations as the Secretary deems appropriate.
(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).
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 17

FOOD STAMP ACT OF 1977

1–96

(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.
(e) The Secretary shall conduct a study of the effects of reductions made in benefits provided under this Act pursuant to part 1
of subtitle A of title I of the Omnibus Budget Reconciliation Act of
1981, the Food Stamp and Commodity Distribution Amendments of
1981, the Food Stamp Act Amendments of 1982, and any other laws
enacted by the Ninety-seventh Congress which affect the food
stamp program. The study shall include a study of the effect of retrospective accounting and periodic reporting procedures established
under such Acts, including the impact on benefit and administrative costs and on error rates and the degree to which eligible households are denied food stamp benefits for failure to file complete
periodic reports. The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an interim report
on the results of such study no later than February 1, 1984, and
a final report on the results of such study no later than March 1,
1985.
(f) In order to encourage States to plan, design, develop, and
implement a system for making food stamp benefits available
through the use of intelligent benefit cards or other automated or
electronic benefit delivery systems, the Secretary may conduct one
or more pilot or experimental projects, subject to the restrictions
imposed by subsection (b)(1) and section 7(g)(2), designed to test
whether the use of such cards or systems can enhance the efficiency
and effectiveness of program operations while ensuring that individuals receive correct benefit amounts on a timely basis. Intelligent benefit cards developed under such a demonstration project
shall contain information, encoded on a computer chip embedded in
a credit card medium, including the eligibility of the individual and
the amount of benefits to which such individual is entitled. Any
other automated or electronic benefit delivery system developed
July 2, 2004

Q:\COMP\FNS\FSA77

1–97

FOOD STAMP ACT OF 1977

Sec. 18

under such a demonstration project shall be able to use a plastic
card to access such information from a data file.
(g) In order to assess the effectiveness of the employment and
training programs established under section 6(d) in placing individuals into the work force and withdrawing such individuals from the
food stamp program, the Secretary is authorized to carry out studies comparing the pre- and post-program labor force participation,
wage rates, family income, level of receipt of food stamp and other
transfer payments, and other relevant information, for samples of
participants in such employment and training programs as compared to the appropriate control or comparison groups that did not
participate in such programs. Such studies shall, to the maximum
extent possible—
(1) collect such data for up to 3 years after the individual
has completed the employment and training program; and
(2) yield results that can be generalized to the national program as a whole.
The results of such studies and reports shall be considered in developing or updating the performance standards required under section 6.
(h) The Secretary shall conduct a sufficient number of demonstration projects to evaluate the effects, in both rural and urban
areas, of including in financial resources under section 5(g) the fair
market value of licensed vehicles to the extent the value of each vehicle exceeds $4,500, but excluding the value of—
(1) any licensed vehicle that is used to produce earned income, necessary for transportation of an elderly or physically
disabled household member, or used as the household’s home;
and
(2) one licensed vehicle used to obtain, continue, or seek
employment (including travel to and from work), used to pursue employment-related education or training, or used to secure
food or the benefits of the food stamp program.
(i) The Secretary shall conduct, under such terms and conditions as the Secretary shall prescribe, for a period not to exceed 4
years, projects to test allowing not more than 11,000 eligible households, in the aggregate, to accumulate resources up to $10,000 each
(which shall be excluded from consideration as a resource) for later
expenditure for a purpose directly related to improving the education, training, or employability (including self-employment) of
household members, for the purchase of a home for the household,
for a change of the household’s residence, or for making major repairs to the household’s home.
(j) The Secretary shall use up to $4,000,000 of the funds provided in advance in appropriations Acts for projects authorized by
this section to conduct demonstration projects in which State or
local food stamp agencies test innovative ideas for working with
State or local law enforcement agencies to investigate and prosecute
coupon trafficking.
AUTHORIZATION FOR APPROPRIATIONS

SEC. 18. ø7 U.S.C. 2027¿ (a)(1) To carry out this Act, there are
authorized to be appropriated such sums as are necessary for each
of the fiscal years 2003 through 2007. Not to exceed one-fourth of
1 per centum of the previous year’s appropriation is authorized in
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 18

FOOD STAMP ACT OF 1977

1–98

each such fiscal year to carry out the provisions of section 17 of this
Act, subject to paragraph (3).
(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.
(3)(A) Of the amounts made available under the second sentence of paragraph (1), not more than $2,000,000 in any fiscal year
may be used by the Secretary to make 2-year competitive grants
that will—
(i) enhance interagency cooperation in nutrition education
activities; and
(ii) develop cost effective ways to inform people eligible for
food stamps about nutrition, resource management, and community nutrition education programs, such as the expanded
food and nutrition education program.
(B) The Secretary shall make awards under this paragraph to
one or more State cooperative extension services (as defined in section 1404(5) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(5))) who shall administer the grants in coordination with other State or local agencies
serving low-income people.
(C) Each project shall include an evaluation component and
shall develop an implementation plan for replication in other
States.
(D) The Secretary shall report to the appropriate committees of
Congress on the results of the projects and shall disseminate the
results through the cooperative extension service system and to
State human services and health department offices, local food
stamp program offices, and other entities serving low-income households.
(b) In any fiscal year, the Secretary shall limit the value of
those allotments issued to an amount not in excess of the appropriation for such fiscal year. Notwithstanding any other provision
of this Act, if in any fiscal year the Secretary finds that the requirements of participating States will exceed the appropriation, 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.
(c) In prescribing the manner in which allotments will be reduced under subsection (b) of this section, the Secretary shall ensure that such reductions reflect, to the maximum extent practicable, the ratio of household income, determined under sections
5(d) and 5(e) of this Act, to the income standards of eligibility, for
households of equal size, determined under section 5(c) of this Act.
The Secretary may, in prescribing the manner in which allotments
will be reduced, establish (1) special provisions applicable to persons sixty years of age or over and persons who are physically or
mentally handicapped or otherwise disabled, and (2) minimum alJuly 2, 2004

Q:\COMP\FNS\FSA77

1–99

FOOD STAMP ACT OF 1977

Sec. 19

lotments after any reductions are otherwise determined under this
section.
(d) Not later than sixty days after the issuance of a report
under subsection (a) of this section in which the Secretary expresses the belief that reductions in the value of allotments to be
issued to households certified to participate in the food stamp program will be necessary, the Secretary shall take the requisite action
to reduce allotments in accordance with the requirements of this
section. Not later than seven days after the Secretary takes any action to reduce allotments under this section, the Secretary shall furnish the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a statement setting forth (1) the basis of the Secretary’s determination, (2) the manner in which the allotments will be reduced, and (3) the action that has been taken by the Secretary to
reduce the allotments.
(e) Funds collected from claims against households or State
agencies, including claims collected pursuant to sections 18–1 7(f),
subsections (g) and (h) of section 11, subsections (b) and (c) of section 13, and section 16(c)(1), claims resulting from resolution of
audit findings, and claims collected from households receiving
overissuances, shall be credited to the food stamp program appropriation account for the fiscal year in which the collection occurs.
Funds provided to State agencies under section 16(c) of this Act
shall be paid from the appropriation account for the fiscal year in
which the funds are provided.
(f) No funds appropriated to carry out this Act may be transferred to the Office of the Inspector General, or the Office of the
General Counsel, of the Department of Agriculture.
SEC. 19. ø7 U.S.C. 2028¿ CONSOLIDATED BLOCK GRANTS FOR PUERTO RICO AND AMERICAN SAMOA.

(a) PAYMENTS TO GOVERNMENTAL ENTITIES.—
(1) DEFINITION OF GOVERNMENTAL ENTITY.—In this subsection, the term ‘‘governmental entity’’ means—
(A) the Commonwealth of Puerto Rico; and
(B) American Samoa.
(2) BLOCK GRANTS.—
(A) AMOUNT OF BLOCK GRANTS.—From the sums appropriated under this Act, the Secretary shall, subject to this
section, pay to governmental entities to pay the expenditures for nutrition assistance programs for needy persons
as described in subparagraphs (B) and (C)—
(i) for fiscal year 2003, $1,401,000,000; and
(ii) for each of fiscal years 2004 through 2007, the
amount specified in clause (i), as adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(o)(4) between June 30, 2002,
and June 30 of the immediately preceding fiscal year.
(B) PAYMENTS TO COMMONWEALTH OF PUERTO RICO.—
(i) IN GENERAL.—For fiscal year 2003 and each fiscal year thereafter, the Secretary shall use 99.6 percent of the funds made available under subparagraph
(A) for payment to the Commonwealth of Puerto Rico
to pay—
18–1 So

July 2, 2004

in original. Probably should be ‘‘section’’ .

Q:\COMP\FNS\FSA77

Sec. 19

FOOD STAMP ACT OF 1977

1–100

(I) 100 percent of the expenditures by the
Commonwealth for the fiscal year for the provision
of nutrition assistance included in the plan of the
Commonwealth approved under subsection (b); and
(II) 50 percent of the related administrative
expenses.
(ii) EXCEPTION FOR EXPENDITURES FOR CERTAIN
SYSTEMS.—Notwithstanding clause (i), the Commonwealth of Puerto Rico may spend in fiscal year 2002 or
2003 not more than $6,000,000 of the amount required
to be paid to the Commonwealth for fiscal year 2002
under this paragraph (as in effect on the day before
the date of enactment of this clause) to pay 100 percent of the costs of—
(I) upgrading and modernizing the electronic
data processing system used to carry out nutrition
assistance programs for needy persons;
(II) implementing systems to simplify the determination of eligibility to receive the nutrition
assistance; and
(III) operating systems to deliver the nutrition
assistance through electronic benefit transfers.
(C) PAYMENTS TO AMERICAN SAMOA.—For fiscal year
2003 and each fiscal year thereafter, the Secretary shall
use 0.4 percent of the funds made available under subparagraph (A) for payment to American Samoa to pay 100 percent of the expenditures by American Samoa for a nutrition
assistance program extended under section 601(c) of Public
Law 96–597 (48 U.S.C. 1469d(c)).
(D) CARRYOVER OF FUNDS.—For fiscal year 2002 and
each fiscal year thereafter, not more than 2 percent of the
funds made available under this paragraph for the fiscal
year to each governmental entity may be carried over to
the following fiscal year.
(3) TIME AND MANNER OF PAYMENTS TO COMMONWEALTH OF
PUERTO RICO.—The Secretary shall, subject to the provisions of
subsection (b), pay to the Commonwealth for the applicable fiscal year, at such times and in such manner as the Secretary
may determine, the amount estimated by the Commonwealth
pursuant to subsection (b)(1)(A)(iv), reduced or increased to the
extent of any prior overpayment or current underpayment
which the Secretary determines has been made under this section and with respect to which adjustment has not already been
made under this subsection.
(b)(1)(A) In order to receive payments under this Act for any
fiscal year, the Commonwealth shall have a plan for that fiscal year
approved by the Secretary under this section. By July 1 of each
year, if the Commonwealth wishes to receive payments, it shall
submit a plan for the provision of the assistance described in subsection (a)(2)(B) for the following fiscal year which—
(i) designates the agency or agencies directly responsible
for the administration, or supervision of the administration, of
the program for the provision of such assistance;
(ii) assesses the food and nutrition needs of needy persons
residing in the Commonwealth;
July 2, 2004

Q:\COMP\FNS\FSA77

1–101

FOOD STAMP ACT OF 1977

Sec. 19

(iii) describes the program for the provision of such assistance, including the assistance to be provided and the persons
to whom such assistance will be provided, and any agencies
designated to provide such assistance, which program must
meet such requirements as the Secretary may by regulation
prescribe for the purpose of assuring that assistance is provided
to the most needy persons in the jurisdiction;
(iv) estimates the amount of expenditures necessary for the
provision of the assistance described in the program and related administrative expenses, up to the amount provided for
payment by subsection (a)(2)(B); and
(v) includes such other information as the Secretary may
require.
(B)(i) The Secretary shall approve or disapprove any plan submitted pursuant to subparagraph (A) no later than August 1 of the
year in which it is submitted. The Secretary shall approve any plan
which complies with the requirements of subparagraph (A). If a
plan is disapproved because it does not comply with any of the requirements of that paragraph the Secretary shall, except as provided in subparagraph (B)(ii), notify the appropriate agency in the
Commonwealth that payments will not be made to it under subsection (a) for the fiscal year to which the plan applies until the
Secretary is satisfied that there is no longer any such failure to
comply, and until the Secretary is so satisfied, the Secretary will
make no payments.
(ii) The Secretary may suspend the denial of payments under
subparagraph (B)(i) for such period as the Secretary determines appropriate and instead withhold payments provided for under subsection (a), in whole or in part, for the fiscal year to which the plan
applies, until the Secretary is satisfied that there is no longer any
failure to comply with the requirements of subparagraph (A), at
which time such withheld payments shall be paid.
(2)(A) The Commonwealth shall provide for a biennial audit of
expenditures under its program for the provision of the assistance
described in subsection (a)(2)(B), and within 120 days of the end of
each fiscal year in which the audit is made, shall report to the Secretary the findings of such audit.
(B) Within 120 days of the end of the fiscal year, the Commonwealth shall provide the Secretary with a statement as to whether
the payments received under subsection (a) for that fiscal year exceeded the expenditures by it during that year for which payment
is authorized under this section, and if so, by how much, and such
other information as the Secretary may require.
(C)(i) If the Secretary finds that there is a substantial failure
by the Commonwealth to comply with any of the requirements of
subparagraphs (A) and (B), or to comply with the requirements of
subsection (b)(1)(A) in the administration of a plan approved under
subsection (b)(1)(B), the Secretary shall, except as provided in subparagraph (C)(ii), notify the appropriate agency in the Commonwealth that further payments will not be made to it under subsection (a) until the Secretary is satisfied that there will no longer
be any such failure to comply, and until the Secretary is so satisfied, the Secretary shall make no further payments.
(ii) The Secretary may suspend the termination of payments
under subparagraph (C)(i) for such period as the Secretary determines appropriate, and instead withhold payments provided for
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 20

FOOD STAMP ACT OF 1977

1–102

under subsection (a), in whole or in part, until the Secretary is satisfied that there will no longer be any failure to comply with the
requirements of subparagraphs (A) and (B) and subsection (b)(1)(A),
at which time such withheld payments shall be paid.
(iii) Upon a finding under subparagraph (C)(i) of a substantial
failure to comply with any of the requirements of subparagraphs
(A) and (B) and subsection (b)(1)(A), the Secretary may, in addition
to or in lieu of any action taken under subparagraphs (C)(i) and
(C)(ii), refer the matter to the Attorney General with a request that
injunctive relief be sought to require compliance by the Commonwealth of Puerto Rico, and upon suit by the Attorney General in an
appropriate district court of the United States and a showing that
noncompliance has occurred, appropriate injunctive relief shall
issue.
(c)(1) The Secretary shall provide for the review of the programs for the provision of the assistance described in subsection
(a)(2)(A) for which payments are made under this Act.
(2) The Secretary is authorized as the Secretary deems practicable to provide technical assistance with respect to the programs
for the provision of the assistance described in subsection (a)(2)(A).
(d) Whoever knowingly and willfully embezzles, misapplies,
steals, or obtains by fraud, false statement, or forgery, any funds,
assets, or property provided or financed under this section shall be
fined not more than $10,000 or imprisoned for not more than five
years, or both, but if the value of the funds, assets or property involved is not over $200, the penalty shall be a fine of not more than
$1,000 or imprisonment for not more than one year, or both.
WORKFARE

SEC. 20. ø7 U.S.C. 2029¿ (a)(1) The Secretary shall permit any
political subdivision, in any State, that applies and submits a plan
to the Secretary in compliance with guidelines promulgated by the
Secretary to operate a workfare program pursuant to which every
member of a household participating in the food stamp program
who is not exempt by virtue of the provisions of subsection (b) of
this section shall accept an offer from such subdivision to perform
work on its behalf, or may seek an offer to perform work, in return
for compensation consisting of the allotment to which the household
is entitled under section 8(a) of this Act, with each hour of such
work entitling that household to a portion of its allotment equal in
value to 100 per centum of the higher of the applicable State minimum wage or the Federal minimum hourly rate under the Fair
Labor Standards Act of 1938 [(29 U.S.C. 201 et seq.)].
(2)(A) The Secretary shall promulgate guidelines pursuant to
paragraph (1) which, to the maximum extent practicable, enable a
political subdivision to design and operate a workfare program
under this section which is compatible and consistent with similar
workfare programs operated by the subdivision.
(B) A political subdivision may comply with the requirements
of this section by operating any workfare program which the Secretary determines meets the provisions and protections provided
under this section.
(b) A household member shall be exempt from workfare requirements imposed under this section if such member is—
(1) exempt from section 6(d)(1) as the result of clause (B),
(C), (D), (E), or (F) of section 6(d)(2);
July 2, 2004

Q:\COMP\FNS\FSA77

1–103

FOOD STAMP ACT OF 1977

Sec. 20

(2) at the option of the operating agency, subject to and
currently actively and satisfactorily participating at least 20
hours a week in a work activity required under title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(3) mentally or physically unfit;
(4) under sixteen years of age;
(5) sixty years of age or older; or
(6) a parent or other caretaker of a child in a household in
which another member is subject to the requirements of this
section or is employed fulltime.
(c) No operating agency shall require any participating member
to work in any workfare position to the extent that such work exceeds in value the allotment to which the household is otherwise
entitled or that such work, when added to any other hours worked
during such week by such member for compensation (in cash or in
kind) in any other capacity, exceeds thirty hours a week.
(d) The operating agency shall—
(1) not provide any work that has the effect of replacing or
preventing the employment of an individual not participating
in the workfare program;
(2) provide the same benefits and working conditions that
are provided at the job site to employees performing comparable work for comparable hours; and
(3) reimburse participants for actual costs of transportation
and other actual costs all of which are reasonably necessary
and directly related to participation in the program but not to
exceed $25 in the aggregate per month.
(e) The operating agency may allow a job search period, prior
to making workfare assignments, of up to thirty days following a
determination of eligibility.
(f) 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.
(g)(1) The Secretary shall pay to each operating agency 50 per
centum of all administrative expenses incurred by such agency in
operating a workfare program, including reimbursements to participants for work-related expenses as described in subsection (d)(3) of
this section.
(2)(A) From 50 per centum of the funds saved from employment
related to a workfare program operated under this section, the Secretary shall pay to each operating agency an amount not to exceed
the administrative expenses described in paragraph (1) for which no
reimbursement is provided under such paragraph.
(B) For purposes of subparagraph (A), the term ‘‘funds saved
from employment related to a workfare program operated under
this section’’ means an amount equal to three times the dollar value
of the decrease in allotments issued to households, to the extent
that such decrease results from wages received by members of such
households for the first month of employment beginning after the
date such members commence such employment if such employment commences—
(i) while such members are participating for the first time
in a workfare program operated under this section; or
(ii) in the thirty-day period beginning on the date such first
participation is terminated.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 21

FOOD STAMP ACT OF 1977

1–104

(3) The Secretary may suspend or cancel some or all of these
payments, or may withdraw approval from a political subdivision to
operate a workfare program, upon a finding that the subdivision
has failed to comply with the workfare requirements.
SEC. 21. ø7 U.S.C. 2030¿ DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM.

(a) IN GENERAL.—Upon written application of the State of
Washington (in this section referred to as the ‘‘State’’) and after the
approval of such application by the Secretary, the State may conduct a Family Independence Demonstration Project (in this section
referred to as the ‘‘Project’’) in all or in part of the State in accordance with this section to determine whether the Project, as an alternative to providing benefits under the food stamp program,
would more effectively break the cycle of poverty and would provide
families with opportunities for economic independence and
strengthened family functioning.
(b) NATURE OF PROJECT.—In an application submitted under
subsection (a), the State shall provide the following:
(1) Except as provided in this section, the provisions of
chapter 434 of the 1987 Washington Laws, as enacted in May
1987, shall apply to the operation of the Project.
(2) All of the following terms and conditions shall be in effect under the Project:
(A)(i) Except as provided in clause (ii), individuals with
respect to whom benefits may be paid under part A of title
IV of the Social Security Act [(42 U.S.C. 601 et seq.)], and
such other individuals as are included in the Project pursuant to chapter 434 of the 1987 Washington Laws, as enacted in May 1987, shall be eligible to participate in the
Project in lieu of receiving benefits under the food stamp
program and cash assistance under any other Federal program covered by the Project.
(ii) Individuals who receive only child care or medical
benefits under the Project shall not be eligible to receive
food assistance under the Project. Such individuals may receive coupons under the food stamp program if eligible.
(B) Individuals who participate in the Project shall receive for each month an amount of cash assistance that is
not less than the total value of the assistance such individuals would otherwise receive, in the aggregate, under the
food stamp program and any cash-assistance Federal program covered by the Project for such month, including income and resource exclusions and deductions, and benefit
levels.
(C)(i) The State may provide a standard benefit for
food assistance under the Project, except that individuals
who participate in the Project shall receive as food assistance for a month an amount of cash that is not less than
the value of the assistance such individuals would otherwise receive under the food stamp program.
(ii) The State may provide a cash benefit for food assistance equal to the value of the thrifty food plan.
(D) Each month participants in the Project shall be notified by the State of the amount of Project assistance that
is provided as food assistance for such month.
July 2, 2004

Q:\COMP\FNS\FSA77

1–105

FOOD STAMP ACT OF 1977

Sec. 21

(E) The State shall have a program to require participants to engage in employment and training activities carried out under chapter 434 of the 1987 Washington Laws,
as enacted in May 1987.
(F) Food assistance shall be provided under the
Project—
(i) to any individual who is accepted for participation in the Project, not later than 30 days after such
individual applies to participate in the Project;
(ii) to any participant for the period that begins on
the date such participant applies to participate in the
Project, except that the amount of such assistance
shall be reduced to reflect the pro rata value of any
coupons received under the food stamp program for
such period for the benefit of such participant; and
(iii) until—
(I) the participant’s cash assistance under the
Project is terminated;
(II) such participant is informed of such termination and is advised of the eligibility requirements for participation in the food stamp program;
(III) the State determines whether such participant will be eligible to receive coupons as a
member of a household under the food stamp program; and
(IV) coupons under the food stamp program
are received by such participant if such participant
will be eligible to receive coupons as a member of
a household under the food stamp program.
(G)(i) Paragraphs (1)(B), (8), (10), and (19) 21–1 of section 11(e) shall apply with respect to the participants in
the Project in the same manner as such paragraphs apply
with respect to participants in the food stamp program.
(ii) Each individual who contacts the State in person
during office hours to make what may reasonably be interpreted as an oral or written request to participate in the
Project shall receive and shall be permitted to file on the
same day that such contact is first made, an application
form to participate in the Project.
(iii) The Project shall provide for telephone contact by,
mail delivery of forms to and mail return of forms by, and
subsequent home or telephone interview with, the elderly
persons, physically or mentally handicapped, and persons
otherwise unable, solely because of transportation difficulties and similar hardships, to appear in person.
(iv) An individual who applies to participate in the
Project may be represented by another person in the review process if the other person has been clearly designated as the representative of such individual for that
purpose, by such individual or the spouse of such individual, and, in the case of the review process, the representative is an adult who is sufficiently aware of relevant
circumstances, except that the State may—
21–1 So in original. Probably should be ‘‘and (18)’’. Section 835(1)(D)(i) of P.L. 104–193
(110 Stat. 2330) amended section 11(e) by redesignating paragraph (19) as paragraph (18).

July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 21

FOOD STAMP ACT OF 1977

1–106

(I) restrict the number of individuals who may be
represented by such person; and
(II) otherwise establish criteria and verification
standards for representation under this clause.
(v) The State shall provide a method for reviewing applications to participate in the Project submitted by, and
distributing food assistance under the Project to, individuals who do not reside in permanent dwellings or who have
no fixed mailing address. In carrying out the preceding
sentence, the State shall take such steps as are necessary
to ensure that participation in the Project is limited to eligible individuals.
(3) An assurance that the State will allow any individual
to apply to participate in the food stamp program without applying to participate in the Project.
(4) An assurance that the cost of food assistance provided
under the Project will not be such that the aggregate amount
of payments made under this section by the Secretary to the
State over the period of the Project will exceed the sum of—
(A) the anticipated aggregate value of the coupons that
would have been distributed under the food stamp program
if the individuals who participate in the Project had participated instead in the food stamp program; and
(B) the portion of the administrative costs for which
the State would have received reimbursement under—
(i) subsections (a) and (g) of section 16 (without regard to the first proviso to such subsection (g)) if the
individuals who participated in the Project had participated instead in the food stamp program; and
(ii) section 16(h) if the individuals who participated in the Project had participated in an employment and training program under section 6(d)(4);
except that this paragraph shall not be construed to prevent the State from claiming payments for additional
households that would qualify for benefits under the food
stamp program in the absence of a cash out of such benefits as a result of changes in economic, demographic, and
other conditions in the State or a subsequent change in the
benefit levels approved by the State legislature.
(5) An assurance that the State will continue to carry out
the food stamp program while the State carries out the Project.
(6) If there is a change in existing State law that would
eliminate guaranteed benefits or reduce the rights of applicants
or participants under this section during, or as a result of participation in, the Project, the Project shall be terminated.
(7) An assurance that the Project shall include procedures
and due process guarantees no less beneficial than those which
are available under Federal law and under State law to participants in the food stamp program.
(8)(A) An assurance that, except as provided in subparagraph (B), the State will carry out the Project during a 5-year
period beginning on the date the first individual is approved for
participation in the Project.
(B) The Project may be terminated 180 days after—
(i) the State gives notice to the Secretary that it intends to terminate the Project; or
July 2, 2004

Q:\COMP\FNS\FSA77

1–107

FOOD STAMP ACT OF 1977

Sec. 21

(ii) the Secretary, after notice and an opportunity for
a hearing, determines that the State materially failed to
comply with this section.
(c) FUNDING.—If an application submitted under subsection (a)
by the State complies with the requirements specified in subsection
(b), then the Secretary shall—
(1) approve such application; and
(2) from funds appropriated under this Act, pay the State
for—
(A) the actual cost of the food assistance provided
under the Project; and
(B) the percentage of the administrative costs incurred
by the State to provide food assistance under the Project
that is equal to the percentage of the State’s aggregate administrative costs incurred in operating the food stamp
program in the most recent fiscal year for which data are
available, that was paid under subsections (a), (g), and (h)
of section 16 of this Act.
(d)(1) PROJECT APPLICATION.—Unless and until an application
to participate in the Project is approved, and food assistance under
the Project is made available to the applicant—
(A) such application shall also be treated as an application
to participate in the food stamp program; and
(B) section 11(e)(9) shall apply with respect to such application.
(2) Coupons provided under the food stamp program with respect to an individual who—
(A) is participating in such program; and
(B) applies to participate in the Project;
may not be reduced or terminated because such individual applies
to participate in the Project.
(3) For households eligible to participate in the food stamp program that contain some members who participate in the Project
and other members who do not participate in the Project, those
members who do not participate in the Project shall receive a separate benefit in food coupons under the food stamp program that is
not less than the amount of food stamp benefits that such members
would have received were the Project not implemented.
(e) WAIVER.—The Secretary shall (with respect to the Project)
waive compliance with any requirement contained in this Act (other
than this section) that (if applied) would prevent the State from
carrying out the Project or effectively achieving its purpose.
(f) CONSTRUCTION.—For purposes of any other Federal, State or
local law—
(1) cash assistance provided under the Project that represents food assistance shall be treated in the same manner as
coupons provided under the food stamp program are treated;
and
(2) participants in the program who receive food assistance
under the Project shall be treated in the same manner as recipients of coupons under the food stamp program are treated.
(g) PROJECT AUDITS.—The Comptroller General of the United
States may—
(1) conduct periodic audits of the operation of the Project
to verify the amounts payable to the State from time to time
under subsection (b)(4); and
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 22

FOOD STAMP ACT OF 1977

1–108

(2) submit to the Secretary of Agriculture, the Secretary of
Health and Human Services, the Committee on Agriculture of
the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of each such audit.
(h) EVALUATION.—With funds appropriated under section
18(a)(1), the Secretary shall conduct, in consultation with the Secretary of Health and Human Services, an evaluation of the Project.
FOOD STAMP PORTION OF MINNESOTA FAMILY INVESTMENT PLAN 22–1

SEC. 22. ø7 U.S.C. 2031¿ (a) IN GENERAL.—
(1) Subject to paragraph (2), upon written application of
the State of Minnesota that complies with this section and sections 6 to 11, 13, 130, and 132 of article 5 of 282 of the 1989
Laws of Minnesota, and after approval of such application by
the Secretary in accordance with subsections (b) and (d), the
State may implement a family investment demonstration
project (hereinafter in this section referred to as the Project) in
parts of the State to determine whether the Project more effectively helps families to become self-supporting and enhances
their ability to care for their children than do the food stamp
program and programs under parts A and F of title IV of the
Social Security Act. The State may provide cash payments
under the Project, subject to paragraph (2), that replace assistance otherwise available under the food stamp program and
under part A of title IV of the Social Security Act.
(2) The Project may be implemented only in accordance
with this section and only if the Secretary of Health and
Human Services approves an application submitted by the
State permitting the State to include in the Project families
who are eligible to receive benefits under part A of title IV of
the Social Security Act.
(b) REQUIRED TERMS AND CONDITIONS OF THE PROJECT.—The
application submitted by the State under subsection (a) shall provide an assurance that the Project shall satisfy all of the following
requirements:
(1) Only families may be eligible to receive assistance and
services through the Project.
(2) Participating families, families eligible for or participating in the program authorized under part A of title IV of the
Social Security Act or the food stamp program that are assigned to and found eligible for the Project, and families required to submit an application for the Project that are found
eligible for the Project shall be ineligible to receive benefits
under the food stamp program.
(3)(A) Subject to the provisions of this paragraph and any
reduction imposed under subsection (c)(3) of this section, the
value of assistance provided to participating families shall not
be less than the aggregate value of the assistance such families
could receive under the food stamp program and part A of title
IV of the Social Security Act if such families did not participate
in the Project.
(B) For purposes of satisfying the requirement specified in
subparagraph (A)—
22–1 So in original (see section 941(11)(A) of P.L. 102–237). Section heading uses ‘‘PLAN’’
while text of section uses ‘‘project’’.

July 2, 2004

Q:\COMP\FNS\FSA77

1–109

FOOD STAMP ACT OF 1977

Sec. 22

(i) payments for child care expenses under the Project
shall be considered part of the value of assistance provided
to participating families with earnings;
(ii) payments for child care expenses for families without earnings shall not be considered part of the value of assistance provided to participating families or the aggregate
value of assistance that such families could have received
under the food stamp program and part A of title IV of the
Social Security Act; and
(iii) any child support payments not assigned to the
State under the provisions of part A of title IV of the Social
Security Act, less $50 per month, shall be considered part
of the aggregate value of assistance participating families
would receive if such families did not participate in the
Project;
(C) For purposes of satisfying the requirement specified in
subparagraph (A), the State shall—
(i) identify the sets of characteristics indicative of families that might receive less assistance under the Project;
(ii) establish a mechanism to determine, for each participating family that has a set of characteristics identified
under clause (i) whether such family could receive more assistance, in the aggregate, under the food stamp program
and part A of title IV of the Social Security Act if such family did not participate in the project;
(iii) increase the amount of assistance provided under
the Project to any family that could receive more assistance, in the aggregate, under the food stamp program and
part A of title IV of the Social Security Act if such family
did not participate in the Project, so that the assistance
provided under the Project to such family is not less than
the aggregate amount of assistance such family could receive under the food stamp program and part A of title IV
of the Social Security Act if such family did not participate
in the Project; and
(iv) increase the amount of assistance paid to participating families, if the State or locality imposes a sales tax
on food, by the amount needed to compensate for the tax.
This subparagraph shall not be construed to require the State
to make the determination under clause (ii) for families that do
not have a set of characteristics identified under clause (i).
(D)(i) The State shall designate standardized amounts of
assistance provided as food assistance under the Project and
notify monthly each participating family of such designated
amount.
(ii) The amount of food assistance so designated shall be at
least the value of coupons such family could have received
under the food stamp program if the Project had not been implemented. The provisions of this subparagraph shall not require that the State make individual determinations as to the
amount of assistance under the Project designated as food assistance.
(iii) The State shall periodically allow participating families
the option to receive such food assistance in the form of coupons.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 22

FOOD STAMP ACT OF 1977

1–110

(E)(i) Individuals ineligible for the Project who are members of a household including a participating family shall have
their eligibility for the food stamp program determined and
have their benefits calculated and issued following the standards established under the food stamp program, except as provided differently in this subparagraph.
(ii) The State agency shall determine such individuals’ eligibility for benefits under the food stamp program and the
amount of such benefits without regard to the participating
family.
(iii) In computing such individuals’ income for purposes of
determining eligibility (under section 5(c)(1)) and benefits, the
State agency shall apply the maximum excess shelter expense
deduction specified under section 5(e).
(iv) Such individuals’ monthly allotment shall be the higher
of $10 or 75 percent of the amount calculated following the
standards of the food stamp program and the foregoing requirements of this subparagraph, rounded to the nearest lower
whole dollar.
(4) The Project shall include education, employment, and
training services equivalent to those offered under the employment and training program described in section 6(d)(4) to families similar to participating families elsewhere in the State.
(5) The State may select families for participation in the
Project through submission and approval of an application for
participation in the Project or by assigning to the Project families that are determined eligible for or are participating in the
program authorized by part A of title IV of the Social Security
Act or the food stamp program.
(6) Whenever selection for participation in the Project is accomplished through submission and approval of an application
for the Project—
(A) the State shall promptly determine eligibility for
the Project, and issue assistance to eligible families, retroactive to the date of application, not later than thirty days
following the family’s filing of an application;
(B) in the case of families determined ineligible for the
Project upon application, the application for the Project
shall be deemed an application for the food stamp program,
and benefits under the food stamp program shall be issued
to those found eligible following the standards established
under the food stamp program;
(C) expedited benefits shall be provided under terms
no more restrictive than under paragraph (9) of section
11(e) and the laws of Minnesota and shall include expedited issuance of designated food assistance provided
through the Project or expedited benefits through the food
stamp program;
(D) each individual who contacts the State in person
during office hours to make what may reasonably be interpreted as an oral or written request to receive financial assistance shall receive and shall be permitted to file an application form on the same day such contact is first made;
(E) provision shall be made for telephone contact by,
mail delivery of forms to and mail return of forms by, and
subsequent home or telephone interview with, elderly indiJuly 2, 2004

Q:\COMP\FNS\FSA77

1–111

FOOD STAMP ACT OF 1977

Sec. 22

viduals, physically or mentally handicapped individuals,
and individuals otherwise unable to appear in person solely
because of transportation difficulties and similar hardships;
(F) a family may be represented by another person if
the other person has clearly been designated as the representative of such family for that purpose and the representative is an adult who is sufficiently aware of relevant
circumstances, except that the State may—
(i) restrict the number of families who may be represented by such person; and
(ii) otherwise establish criteria and verification
standards for representation under this subparagraph;
and
(G) the State shall provide a method for reviewing applications to participation in the Project submitted by, and
distributing assistance under the Project to, families that
do not reside in permanent dwellings or who have no fixed
mailing address.
(7) Whenever selection for participation in the Project is accomplished by assigning families that are determined eligible
for or participating in the program authorized by part A of title
IV of the Social Security Act or the food stamp program—
(A) the State shall provide eligible families assistance
under the Project no later than benefits would have been
provided following the standards established under the
food stamp program; and
(B) the State shall ensure that assistance under the
Project is provided so that there is no interruption in benefits for families participating in the program under part A
of title IV of the Social Security Act or the food stamp program.
(8) Paragraphs (1)(B) and (8) of section 11(e) shall apply
with respect to applicants and participating families in the
same manner as such paragraphs apply with respect to applicants and participants in the food stamp program.
(9) Assistance provided under the Project shall be reduced
to reflect the pro rata value of any coupons received under the
food stamp program for the same period.
(10)(A) The State shall provide each family or family member whose participation in the Project ends and each family
whose participation is terminated with notice of the existence
of the food stamp program and the person or agency to contact
for more information.
(B)(i) Following the standards specified in subparagraph
(C), the State shall ensure that benefits under the food stamp
program are provided to participating families in case the
Project is terminated or to participating families or family
members that are determined ineligible for the Project because
of income, resources, or change in household composition, if
such families or individuals are determined eligible for the food
stamp program. Food coupons shall be issued to eligible families and individuals described in this clause retroactive to the
date of termination from the Project; and
(ii) If sections 256.031 through 256.036 of the Minnesota
Statutes, 1989 Supplement, or Minnesota Laws 1989, chapter
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 22

FOOD STAMP ACT OF 1977

1–112

282, article 5, section 130, are amended to reduce or eliminate
benefits provided under those sections or restrict the rights of
Project applicants or participating families, the State shall exclude from the Project applicants or participating families or individuals affected by such amendments and follow the standards specified in subparagraph (C), except that the State shall
continue to pay from State funds an amount equal to the food
assistance portion to such families and individuals until the
State determines eligibility or ineligibility for the food stamp
program or the family or individual has failed to supply the
needed additional information within ten days. Food coupons
shall be provided to families and individuals excluded from the
Project under this clause who are determined eligible for the
food stamp program retroactive to the date of the determination of eligibility. The Secretary shall pay to the State the value
of the food coupons for which such families and individuals
would have been eligible in the absence of food assistance payments under this clause from the date of termination from the
Project to the date food coupons are provided.
(C) Each family whose Project participation is terminated
shall be screened for potential eligibility for the food stamp program and if the screening indicates potential eligibility, the
family or family member shall be given a specific request to
supply all additional information needed to determine such eligibility and assistance in completing a signed food stamp program application including provision of any relevant information obtained by the State for purpose of the Project. If the family or family member supplies such additional information
within ten days after receiving the request, the State shall,
within five days after the State receives such information, determine whether the family or family member is eligible for the
food stamp program. Each family or family member who is determined through the screening or otherwise to be ineligible for
the food stamp program shall be notified of that determination.
(11) Section 11(e)(10) shall apply with respect to applicant
and participating families in the same manner as such paragraph applies with respect to applicants and participants in the
food stamp program, except that families shall be given notice
of any action for which a hearing is available in a manner consistent with the notice requirements of the regulations implementing sections 402(a)(4) and 482(h) of the Social Security
Act.
(12) For each fiscal year, the Secretary shall not be liable
for any costs related to carrying out the Project in excess of
those that the Secretary would have been liable for had the
Project not been implemented, except for costs for evaluating
the Project, but shall adjust for the full amount of the federal
share of increases or decreases in costs that result from
changes in economic, demographic, and other conditions in the
State based on data specific to the State, changes in eligibility
or benefit levels authorized by the Food Stamp Act, as amended, or changes in amounts of Federal funds available to States
and localities under the food stamp program.
(13) The State shall carry out the food stamp program
throughout the State while the State carries out the Project.
July 2, 2004

Q:\COMP\FNS\FSA77

1–113

FOOD STAMP ACT OF 1977

Sec. 22

(14)(A) Except as provided in subparagraph (B), the State
will carry out the Project during a five-year period beginning
on the date the first family receives assistance under the
Project.
(B) The Project may be terminated—
(i) by the State one hundred and eighty days after the
State gives notice to the Secretary that it intends to terminate the Project;
(ii) by the Secretary one hundred and eighty days after
the Secretary, after notice and an opportunity for a hearing, determines that the State materially failed to comply
with this section; or
(iii) whenever the State and the Secretary jointly agree
to terminate the Project.
(15) Not more than six thousand families may participate
in the Project simultaneously.
(c) ADDITIONAL TERMS AND CONDITIONS OF THE PROJECT.—The
Project shall be subject to the following additional terms and conditions:
(1) The State may require any parent in a participating
family to participate in education, employment, or training requirements unless the individual is a parent in a family with
one parent who—
(A) is ill, incapacitated, or sixty years of age or older;
(B) is needed in the home because of the illness or incapacity of another family member;
(C) is the parent of a child under one year of age and
is personally providing care for the child;
(D) is the parent of a child under six years of age and
is employed or participating in education or employment
and training services for twenty or more hours a week;
(E) works thirty or more hours a week or, if the number of hours worked cannot be verified, earns at least the
Federal minimum hourly wage rate multiplied by thirty
per week; or
(F) is in the second or third trimester of pregnancy.
(2) The State shall not require any parent of a child under
six years of age in a participating family with only one parent
to be employed or participate in education or employment and
training services for more than twenty hours a week.
(3) For any period during which an individual required to
participate in education, employment, or training requirements
fails to comply without good cause with a requirement imposed
by the State under paragraph (1), the amount of assistance to
the family under the Project may be reduced by an amount not
more than 10 percent of the assistance the family would be eligible for with no income other than that from the Project.
(d) FUNDING.—
(1) If an application submitted under subsection (a) complies with the requirements specified in subsection (b), then the
Secretary shall—
(A) approve such application; and
(B) subject to subsection (b)(12) from the funds appropriated under this Act provide grant awards and pay the
State each calendar quarter for—
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 22

FOOD STAMP ACT OF 1977

1–114

(i) the cost of food assistance provided under the
Project equal to the amount that would have otherwise
been issued in the form of coupons under the food
stamp program had the Project not been implemented,
as estimated under a methodology satisfactory to the
Secretary after negotiations with the State; and
(ii) the administrative costs incurred by the State
to provide food assistance under the Project that are
authorized under subsections (a), (g), (h)(2), and (h)(3)
of section 16 equal to the amount that otherwise would
have been paid under such subsections had the Project
not been implemented, as estimated under a methodology satisfactory to the Secretary after negotiations
with the State: Provided, That payments made under
subsection (g) of section 16 shall equal payments that
would have been made if the Project had not been implemented.
(2) The Secretary shall periodically adjust payments made
to the State under paragraph (1) to reflect—
(A) the cost of coupons issued to individuals ineligible
for the Project specified in subsection (b)(3)(E) in excess of
the amount that would have been issued to such individuals had the Project not been implemented, as estimated
under a methodology satisfactory to the Secretary after negotiations with the State; and
(B) the cost of coupons issued to families exercising the
option specified in subsection (b)(3)(D)(iii) in excess of the
amount that would have been issued to such individuals
had the Project not been implemented, as estimated under
a methodology satisfactory to the Secretary after negotiations with the State.
(3) Payments under paragraph (1)(B) shall include adjustments, as estimated under a methodology satisfactory to the
Secretary after negotiations with the State, for increases or decreases in the costs of providing food assistance and associated
administrative costs that result from changes in economic, demographic, or other conditions in the State based on data specific to the State, changes in eligibility or benefit levels authorized by the Food Stamp Act, as amended, and changes in or additional amounts of Federal funds available to States and localities under the food stamp program.
(e) WAIVER.—With respect to the Project, the Secretary shall
waive compliance with any requirement contained in this Act (other
than this section) that, if applied, would prevent the State from carrying out the Project or effectively achieving its purpose.
(f) PROJECT AUDITS.—The Comptroller General of the United
States shall—
(1) conduct periodic audits of the operation of the Project
to verify the amounts payable to the State from time to time
under subsection (d); and
(2) submit to the Secretary, the Secretary of Health and
Human Services, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the results of
each such audit.
July 2, 2004

Q:\COMP\FNS\FSA77

1–115

FOOD STAMP ACT OF 1977

Sec. 22

(g) CONSTRUCTION.—(1) For purposes of any Federal, State, or
local law other than part A of title IV of the Social Security Act or
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)—
(A) cash assistance provided under the Project that is designated as food assistance by the State shall be treated in the
same manner as coupon allotments under the food stamp program are treated; and
(B) participating families shall be treated in the same manner as participants in the food stamp program are treated.
(2) Nothing in this section shall—
(A) allow payments made to the State under the Project to
be less than the amounts the State and eligible households
within the State would have received if the Project had not
been implemented; or
(B) require the Secretary to incur costs as a result of the
Project in excess of costs that would have been incurred if the
Project had not been implemented, except for costs for evaluation.
(h) QUALITY CONTROL.—Participating families shall be excluded
from any sample taken for purposes of making any determination
under section 16(c). For purposes of establishing the total value of
allotments under section 16(c)(1), food coupons and the amount of
federal liability for food assistance provided under the Project as
limited by subsection (b)(12) of this section shall be treated as allotments issued under the food stamp program.
(i) EVALUATION.—(1) The State shall develop and implement a
plan for an independent evaluation designed to provide reliable information on Project impacts and implementation. The evaluation
will include treatment and control groups and will include random
assignment of families to treatment and control groups in an urban
setting. The evaluation plan shall satisfy the evaluation concerns of
the Secretary of Agriculture such as effects on benefits to participants, costs of the Project, payment accuracy, administrative consequences, any reduction in welfare dependency, any reduction in
total assistance payments, and the consequences of cash payments
on household expenditures, and food consumption. The evaluation
plan shall take into consideration the evaluation requirements and
administrative obligations of the State. The evaluation will measure
the effects of the Project in regard to goals of increasing family income, prevention of long-term dependency, movement toward selfsupport, and simplification of the welfare system.
(2) The State shall pay 50 percent of the cost of developing and
implementing such plan and the Federal Government shall pay the
remainder.
(j) DEFINITIONS.—For purposes of this section, the following
definitions apply:
(1) The term ‘‘family’’ means the following individuals who
live together: a minor child or a group of minor children related
to each other as siblings, half siblings, stepsiblings, or adopted
siblings, together with their natural or adoptive parents, or
their caregiver. Family also includes a pregnant woman in the
third trimester of pregnancy with no children.
(2) The term ‘‘contract’’ means a plan to help a family pursue self-sufficiency, based on the State’s assessment of the family’s needs and abilities and developed with a parental caregiver.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 23

FOOD STAMP ACT OF 1977

1–116

(3) The term ‘‘caregiver’’ means a minor child’s natural or
adoptive parent or parents who live in the home with the minor
child. For purposes of determining eligibility for the Project,
‘‘caregiver’’ also means any of the following individuals who live
with and provide care and support to a minor child when the
minor child’s natural or adoptive parent or parents do not reside in the same home: grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
first cousin, nephew, niece, persons of preceding generations as
denoted by prefixes of ‘‘great’’ or ‘‘great-great’’ or a spouse of
any person named in the above groups even after the marriage
ends by death or divorce.
(4) The term ‘‘State’’ means the State of Minnesota.
SEC. 23. ø7 U.S.C. 2032¿ AUTOMATED DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEMS.

(a) STANDARDS AND PROCEDURES FOR REVIEWS.—
(1) INITIAL REVIEWS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall complete
a review of regulations and standards (in effect on the date
of enactment of this section) for the approval of an automated data processing and information retrieval system
maintained by a State (hereinafter in this section referred
to as a ‘‘system’’) to determine the extent to which the regulations and standards contribute to a more effective and
efficient program.
(B) REVISION OF REGULATIONS.—The Secretary shall
revise regulations (in effect on the date of enactment of
this Act) to take into account the findings of the review
conducted under subparagraph (A).
(C) INCORPORATION OF EXISTING SYSTEMS.—The regulations shall require States to incorporate all or part of systems in use elsewhere, unless a State documents that the
design and operation of an alternative system would be
less costly. The Secretary shall establish standards to define the extent of modification of the systems for which
payments will be made under either section 16(a) or 16(g).
(D) IMPLEMENTATION.—Proposed systems shall meet
standards established by the Secretary for timely implementation of proper changes.
(E) COST EFFECTIVENESS.—Criteria for the approval of
a system under section 16(g) shall include the cost effectiveness of the proposed system. On implementation of the
approved system, a State shall document the actual cost
and benefits of the system.
(2) OPERATIONAL REVIEWS.—The Secretary shall conduct
such reviews as are necessary to ensure that systems—
(A) comply with conditions of initial funding approvals;
and
(B) adequately support program delivery in compliance
with this Act and regulations issued under this Act.
(b) STANDARDS FOR APPROVAL OF SYSTEMS.—
(1) IN GENERAL.—After conducting the review required
under subsection (a), the Secretary shall establish standards
for approval of systems.
July 2, 2004

Q:\COMP\FNS\FSA77

1–117

FOOD STAMP ACT OF 1977

Sec. 25

(2) IMPLEMENTATION.—A State shall implement the standards established by the Secretary within a reasonable period of
time, as determined by the Secretary.
(3) PERIODIC COMPLIANCE REVIEWS.—The Secretary shall
conduct appropriate periodic reviews of systems to ensure compliance with the standards established by the Secretary.
(c) REPORT.—Not later than October 1, 1993, the Secretary
shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the extent to which State agencies have developed and are operating effective systems that support food stamp
program delivery in compliance with this Act and regulations
issued under this Act.
SEC. 25. ø7 U.S.C. 2034¿ ASSISTANCE FOR COMMUNITY FOOD
PROJECTS.

(a) DEFINITION OF COMMUNITY FOOD PROJECTS.—In this section, the term ‘‘community food project’’ means a community-based
project that requires a 1-time infusion of Federal assistance to become self-sustaining and that is designed to—
(1)(A) meet the food needs of low-income people;
(B) increase the self-reliance of communities in providing
for their own food needs; and
(C) promote comprehensive responses to local food, farm,
and nutrition issues; or
(2) meet specific State, local, or neighborhood food and agricultural needs, including needs for—
(A) infrastructure improvement and development;
(B) planning for long-term solutions; or
(C) the creation of innovative marketing activities that
mutually benefit agricultural producers and low-income
consumers.
(b) AUTHORITY TO PROVIDE ASSISTANCE.—
(1) IN GENERAL.—From amounts made available to carry
out this Act, the Secretary may make grants to assist eligible
private nonprofit entities to establish and carry out community
food projects.
(2) LIMITATION ON GRANTS.—The total amount of funds provided as grants under this section may not exceed—
(A) $1,000,000 for fiscal year 1996; and
(B) $5,000,000 for each of fiscal years 1997 through
2007.
(c) ELIGIBLE ENTITIES.—To be eligible for a grant under subsection (b), a private nonprofit entity must—
(1) have experience in the area of—
(A) community food work, particularly concerning
small and medium-sized farms, including the provision of
food to people in low-income communities and the development of new markets in low-income communities for agricultural producers; or
(B) job training and business development activities for
food-related activities in low-income communities;
(2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and
other necessary documentation; and
(3) demonstrate a willingness to share information with researchers, practitioners, and other interested parties.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 25

FOOD STAMP ACT OF 1977

1–118

(d) PREFERENCE FOR CERTAIN PROJECTS.—In selecting community food projects to receive assistance under subsection (b), the
Secretary shall give a preference to projects designed to—
(1) develop linkages between 2 or more sectors of the food
system;
(2) support the development of entrepreneurial projects;
(3) develop innovative linkages between the for-profit and
nonprofit food sectors; or
(4) encourage long-term planning activities, and multisystem, interagency approaches with multistakeholder collaborations, that build the long-term capacity of communities to address the food and agricultural problems of the communities,
such as food policy councils and food planning associations.
(e) MATCHING FUNDS REQUIREMENTS.—
(1) REQUIREMENTS.—The Federal share of the cost of establishing or carrying out a community food project that receives
assistance under subsection (b) may not exceed 50 percent of
the cost of the project during the term of the grant.
(2) CALCULATION.—In providing for the non-Federal share
of the cost of carrying out a community food project, the entity
receiving the grant shall provide for the share through a payment in cash or in kind, fairly evaluated, including facilities,
equipment, or services.
(3) SOURCES.—An entity may provide for the non-Federal
share through State government, local government, or private
sources.
(f) TERM OF GRANT.—
(1) SINGLE GRANT.—A community food project may be supported by only a single grant under subsection (b).
(2) TERM.—The term of a grant under subsection (b) may
not exceed 3 years.
(g) TECHNICAL ASSISTANCE AND RELATED INFORMATION.—
(1) TECHNICAL ASSISTANCE.—In carrying out this section,
the Secretary may provide technical assistance regarding community food projects, processes, and development to an entity
seeking the assistance.
(2) SHARING INFORMATION.—
(A) IN GENERAL.—The Secretary may provide for the
sharing of information concerning community food projects
and issues among and between government, private forprofit and nonprofit groups, and the public through publications, conferences, and other appropriate forums.
(B) OTHER INTERESTED PARTIES.—The Secretary may
share information concerning community food projects with
researchers, practitioners, and other interested parties.
(h) INNOVATIVE PROGRAMS FOR ADDRESSING COMMON COMMUNITY PROBLEMS.—
(1) IN GENERAL.—The Secretary shall offer to enter into a
contract with, or make a grant to, 1 nongovernmental organization that meets the requirements of paragraph (2) to coordinate
with Federal agencies, States, political subdivisions, and nongovernmental organizations (collectively referred to in this subsection as ‘‘targeted entities’’) to gather information, and recommend to the targeted entities, innovative programs for addressing common community problems, including—
(A) loss of farms and ranches;
July 2, 2004

Q:\COMP\FNS\FSA77

1–119

FOOD STAMP ACT OF 1977

Sec. 26

(B) rural poverty;
(C) welfare dependency;
(D) hunger;
(E) the need for job training; and
(F) the need for self-sufficiency by individuals and communities.
(2) NONGOVERNMENTAL ORGANIZATION.—The nongovernmental organization referred to in paragraph (1) shall—
(A) be selected by the Secretary on a competitive basis;
(B) be experienced in working with other targeted entities and in organizing workshops that demonstrate programs to other targeted entities;
(C) be experienced in identifying programs that effectively address community problems described in paragraph
(1) that can be implemented by other targeted entities;
(D) be experienced in, and capable of, receiving information from and communicating with other targeted entities throughout the United States;
(E) be experienced in operating a national information
clearinghouse that addresses 1 or more of the community
problems described in paragraph (1); and
(F) as a condition of entering into the contract or receiving the grant referred to in paragraph (1), agree—
(i) to contribute in-kind resources toward implementation of the contract or grant;
(ii) to provide to other targeted entities information and guidance on the innovative programs referred
to in paragraph (1); and
(iii) to operate a national information clearinghouse on innovative means for addressing community
problems described in paragraph (1) that—
(I) is easily usable by—
(aa) Federal, State, and local government
agencies;
(bb) local community leaders;
(cc) nongovernmental organizations; and
(dd) the public; and
(II) includes information on approved community food projects.
(3) AUDITS; EFFECTIVE USE OF FUNDS.—The Secretary shall
establish auditing procedures and otherwise ensure the effective use of funds made available to carry out this subsection.
(4) FUNDING.—Not later than 90 days after the date of enactment of this paragraph, and on October 1 of each of fiscal
years 2003 through 2007, the Secretary shall allocate to carry
out this subsection $200,000 of the funds made available under
subsection (b), to remain available until expended.
SEC. 26. ø7 U.S.C. 2035¿ 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.
July 2, 2004

Q:\COMP\FNS\FSA77

Sec. 26

FOOD STAMP ACT OF 1977

1–120

(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
July 2, 2004

Q:\COMP\FNS\FSA77

1–121

FOOD STAMP ACT OF 1977

Sec. 27

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 26–1 (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.
SEC. 27. ø7 U.S.C. 2036¿ 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 2002 through
2007, the Secretary shall purchase $140,000,000 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
26–1 So

July 2, 2004

in original. Probably should be ‘‘subsections’’.

Q:\COMP\FNS\FSA77

Sec. 27

FOOD STAMP ACT OF 1977

1–122

Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c
note). 27–1
(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.

27–1 So

July 2, 2004

in original. Probably should be ‘‘(7 U.S.C. 7515)’’, as a result of reclassification.