Appendix A_1 U.S.C. Title 7 Ch 51 (2022 ed)

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TITLE 7—AGRICULTURE

L. 110–234, title VI, § 6027(f), May 22, 2008, 122 Stat. 1183,
and Pub. L. 110–246, § 4, title VI, § 6027(f), June 18, 2008,
122 Stat. 1664, 1944, effective May 22, 2008.
AMENDMENTS
2018—Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’.
2014—Pub. L. 113–79 substituted ‘‘$20,000,000 for each
of fiscal years 2014 through 2018’’ for ‘‘$50,000,000 for the
period of fiscal years 2008 through 2012’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
this title.

SUBCHAPTER IX—RURAL COLLABORATIVE
INVESTMENT PROGRAM
§§ 2009dd to 2009dd–7. Repealed. Pub. L. 115–334,
title VI, § 6601(a)(1)(H), Dec. 20, 2018, 132
Stat. 4776
Section 2009dd, Pub. L. 87–128, title III, § 385A, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 402; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1183; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1944, related to purpose of subchapter.
Section 2009dd–1, Pub. L. 87–128, title III, § 385B, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 402; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1183; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1945, related to definitions.
Section 2009dd–2, Pub. L. 87–128, title III, § 385C, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 403; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1184; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1945; Pub. L. 113–188,
title I, § 101(e)(1), Nov. 26, 2014, 128 Stat. 2017, related to
establishment and administration of Rural Collaborative Investment Program.
Section 2009dd–3, Pub. L. 87–128, title III, § 385D, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 405; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1187; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1948; Pub. L. 113–188,
title I, § 101(e)(2), Nov. 26, 2014, 128 Stat. 2017, related to
Regional Rural Investment Boards.
Section 2009dd–4, Pub. L. 87–128, title III, § 385E, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 407; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1189; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1950, related to regional investment strategy grants.
Section 2009dd–5, Pub. L. 87–128, title III, § 385F, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 407; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1190; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1951, related to regional innovation grants program.
Section 2009dd–6, Pub. L. 87–128, title III, § 385G, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 408; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1193; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1955, related to rural
endowment loans program.
Section 2009dd–7, Pub. L. 87–128, title III, § 385H, as
added Pub. L. 107–171, title VI, § 6030, May 13, 2002, 116
Stat. 411; amended Pub. L. 110–234, title VI, § 6028, May
22, 2008, 122 Stat. 1194; Pub. L. 110–246, § 4(a), title VI,
§ 6028, June 18, 2008, 122 Stat. 1664, 1955, authorized appropriations for fiscal years 2009 through 2012.

§§ 2009ee to 2009ee–3

SUBCHAPTER X—SEARCH GRANTS FOR
SMALL COMMUNITIES
§§ 2009ee to 2009ee–3. Repealed. Pub. L. 110–234,
title VI, § 6002(b), May 22, 2008, 122 Stat. 1162,
and Pub. L. 110–246, § 4(a), title VI, § 6002(b),
June 18, 2008, 122 Stat. 1664, 1923
Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13,
2002, 116 Stat. 421, defined terms.
Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May
13, 2002, 116 Stat. 422, related to SEARCH grant program. See section 1926 of this title.
Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May
13, 2002, 116 Stat. 424, related to annual report on
projects.
Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May
13, 2002, 116 Stat. 424, related to funding.
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 repealed this subchapter. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal of this subchapter and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of this title.

CHAPTER 51—SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM
Sec.

2011.
2012.
2012a.
2013.
2014.
2014a.
2015.
2016.
2016a.
2017.
2018.
2019.
2020.
2021.
2022.
2023.
2024.
2025.
2026.
2026a.
2027.
2028.
2029.
2030.
2031.
2032.
2033.
2034.
2035.
2036.

Congressional declaration of policy.
Definitions.
Publicly operated community health centers.
Establishment of supplemental nutrition assistance program.
Eligible households.
Notice of change in State of residence of certified household.
Eligibility disqualifications.
Issuance and use of program benefits.
EBT benefit fraud prevention.
Value of allotment.
Approval of retail food stores and wholesale
food concerns.
Redemption of program benefits.
Administration.
Civil penalties and disqualification of retail
food stores and wholesale food concerns.
Disposition of claims.
Administrative and judicial review; restoration of rights.
Violations and enforcement.
Administrative cost-sharing and quality control.
Research, demonstration, and evaluations.
Healthy fluid milk incentives projects.
Appropriations and allotments.
Consolidated block grants for Puerto Rico
and American Samoa.
Workfare.
Repealed.
Minnesota Family Investment Project.
Automated data processing and information
retrieval systems.
Repealed.
Assistance for community food projects.
Simplified supplemental nutrition assistance
program.
Availability of commodities for emergency
food assistance program.

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TITLE 7—AGRICULTURE

Sec.

2036a.
2036b.
2036c.
2036d.

Nutrition education and obesity prevention
grant program.
Retail food store and recipient trafficking.
Annual State report on verification of SNAP
participation.
Pilot projects to encourage the use of publicprivate partnerships committed to addressing food insecurity.

§ 2011. Congressional declaration of policy
It is declared to be the policy of Congress, in
order to promote the general welfare, to safeguard the health and well-being of the Nation’s
population by raising levels of nutrition among
low-income households. Congress finds that the
limited food purchasing power of low-income
households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of
food in establishing and maintaining adequate
national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s
agricultural abundance and will strengthen the
Nation’s agricultural economy, as well as result
in more orderly marketing and distribution of
foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit
low-income households to obtain a more nutritious diet through normal channels of trade by
increasing food purchasing power for all eligible
households who apply for participation.
(Pub. L. 88–525, § 2, Aug. 31, 1964, 78 Stat. 703;
Pub. L. 91–671, § 1, Jan. 11, 1971, 84 Stat. 2048;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 958; Pub. L. 110–234, title IV, § 4001(b), May
22, 2008, 122 Stat. 1092; Pub. L. 110–246, § 4(a), title
IV, § 4001(b), June 18, 2008, 122 Stat. 1664, 1853.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp
program’’.
1977—Pub. L. 95–113 substituted ‘‘a more nutritious
diet’’ for ‘‘a nutritionally adequate diet’’ as the object
of the program.
1971—Pub. L. 91–671 provided for cooperation in utilization of Nation’s abundance of food by other agencies,
struck out ‘‘to the maximum extent practicable’’ before ‘‘to safeguard the health’’, enunciated finding that
limited food purchasing power of low-income households contributes to hunger and malnutrition, and substituted ‘‘promote the distribution’’ for ‘‘will tend to
cause the distribution’’ and authorization of a program
(to alleviate hunger and malnutrition) which will permit low-income households to purchase a nutritionally
adequate diet through normal channels of trade for
prior authorization of a program (to effectuate policy
of Congress and purposes of this chapter) which will
permit such households to receive a greater share of
Nation’s abundance of food.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the

Page 1226

date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4001(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set
out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4001, May 13, 2002, 116 Stat.
305, provided that: ‘‘This title [enacting section 3007 of
this title and section 1161 of Title 2, The Congress,
amending sections 1431e, 2012, 2014 to 2017, 2019, 2020,
2022, 2023, 2025 to 2028, 2031, 2034, 2036, and 7508 of this
title, sections 1612, 1613, and 1631 of Title 8, Aliens and
Nationality, and sections 1755, 1758, 1760, 1769, and 1786
of Title 42, The Public Health and Welfare, repealing
section 2033 of this title, enacting provisions set out as
notes under sections 612c, 2014 to 2016, 2019, 2020, 2022,
2023, 2025, 2026, 2028, 2034, 2036, and 3171 of this title, section 1161 of Title 2, section 1612 of Title 8, and sections
1755, 1758, 1769, and 1786 of Title 42, and amending provisions set out as a note under section 612c of this title]
may be cited as the ‘Food Stamp Reauthorization Act
of 2002’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–171, § 1, Feb. 11, 2000, 114 Stat. 3, provided
that: ‘‘This Act [amending section 2016 of this title and
enacting provisions set out as notes under section 2016
of this title] may be cited as the ‘Electronic Benefit
Transfer Interoperability and Portability Act of 2000’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–225, § 1, Mar. 25, 1994, 108 Stat. 106, provided that: ‘‘This Act [amending sections 2012, 2014 to
2016, 2018, and 2026 of this title, enacting provisions set
out as notes under section 2012 of this title, and repealing provisions set out as notes under sections 2015 and
2016 of this title] may be cited as the ‘Food Stamp Program Improvements Act of 1994’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–66, title XIII, § 13901(a), Aug. 10, 1993, 107
Stat. 672, provided that: ‘‘This chapter [chapter 3
(§§ 13901–13971) of title XIII of Pub. L. 103–66, amending
sections 2012, 2014, 2015, 2017, 2020 to 2023, 2025, 2026, and
2028 of this title, and enacting provisions set out as a
note under section 2025 of this title] may be cited as the
‘Mickey Leland Childhood Hunger Relief Act’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–624, title XVII, § 1701, Nov. 28, 1990, 104
Stat. 3783, provided that: ‘‘This title [enacting section
2032 of this title, amending sections 1431, 1431e, 2012,
2014 to 2018, 2020 to 2022, 2024 to 2028, 3175, and 3175e of
this title, section 6109 of Title 26, Internal Revenue
Code, and sections 405 and 9904 of Title 42, The Public
Health and Welfare, enacting provisions set out as
notes under this section and sections 612c, 2012, 2014,
2020, 2025, and 2028 of this title and section 1751 of Title
42, and amending provisions set out as notes under sections 612c and 2012 of this title] may be cited as the
‘Mickey Leland Memorial Domestic Hunger Relief
Act’.’’
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100–435, § 1(a), Sept. 19, 1988, 102 Stat. 1645, provided that: ‘‘This Act [amending sections 2012, 2014 to
2017, 2020 to 2023, 2025, and 2026 of this title, section
713a–14 of Title 15, Commerce and Trade, and sections
1761, 1766, 1773, and 1786 of Title 42, The Public Health

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TITLE 7—AGRICULTURE

and Welfare, enacting provisions set out as notes under
sections 612c and 2012 of this title and sections 1766 and
1786 of Title 42, and amending provisions set out as
notes under sections 612c, 1731, and 2012 of this title]
may be cited as the ‘Hunger Prevention Act of 1988’.’’
Pub. L. 100–232, § 1, Jan. 5, 1988, 101 Stat. 1566, provided
that: ‘‘This Act [amending section 2014 of this title and
enacting provisions set out as a note under section 612c
of this title] may be cited as the ‘Charitable Assistance
and Food Bank Act of 1987’.’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–570, title XI, § 11001, Oct. 27, 1986, 100 Stat.
3207–167, provided that: ‘‘This title [amending sections
2012, 2018 and 2019 of this title, sections 1531 and 1603 of
Title 29, Labor, sections 3003 and 3020 [now 5103 and
5120] of Title 38, Veterans’ Benefits, and sections 1383
and 1396a of Title 42, The Public Health and Welfare,
and enacting provisions set out as notes under section
2012 of this title, sections 5103 and 5120 of Title 38, and
sections 602, 1383 and 1396a of Title 42] may be cited as
the ‘Homeless Eligibility Clarification Act’.’’
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97–253, title I, § 140, Sept. 8, 1982, 96 Stat. 772,
provided that: ‘‘This subtitle [subtitle E (§§ 140–193) of
title I of Pub. L. 97–253, amending sections 2012, 2014,
2015, 2016, 2017, 2018, 2020, 2021, 2022, 2023, 2025, 2026, 2027,
2028, and 2029 of this title and enacting provisions set
out as notes under sections 1624, 2012, and 2028 of this
title] may be cited as the ‘Food Stamp Act Amendments of 1982’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–98, title XIII, § 1301, Dec. 22, 1981, 95 Stat.
1282, provided that: ‘‘This title [enacting sections 2029
and 2270 of this title, amending sections 2012, 2014 to
2016, 2018 to 2020, and 2023 to 2027 of this title, enacting
a provision set out as a note under section 2012 of this
title, and amending provisions set out as notes under
section 612c of this title] may be cited as the ‘Food
Stamp and Commodity Distribution Amendments of
1981’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–249, § 1, May 26, 1980, 94 Stat. 357, provided:
‘‘That this Act [amending sections 2012, 2014, 2015, 2019,
2020, and 2024 to 2027 of this title, sections 6103 and 7213
of Title 26, Internal Revenue Code, and sections 503 and
504 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 2014
and 2026 of this title, section 6103 of Title 26, and section 503 of Title 42] may be cited as the ‘Food Stamp
Act Amendments of 1980’.’’
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94–339, § 1, July 5, 1976, 90 Stat. 799, provided:
‘‘That this Act [amending sections 2012, 2015, and 2016 of
this title] may be cited as the ‘Emergency Food Stamp
Vendor Accountability Act of 1976’.’’
SHORT TITLE
Pub. L. 88–525, § 1, Aug. 31, 1964, 78 Stat. 703, as amended by Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 958; Pub. L. 110–234, title IV, § 4001(a), May 22, 2008,
122 Stat. 1092; Pub. L. 110–246, § 4(a), title IV, § 4001(a),
June 18, 2008, 122 Stat. 1664, 1853, provided that: ‘‘This
Act [enacting this chapter] may be cited as the ‘Food
and Nutrition Act of 2008’.’’
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
DURING COVID–19 PUBLIC HEALTH EMERGENCY
Pub. L. 116–260, div. N, title VII, § 702, Dec. 27, 2020, 134
Stat. 2092, as amended by Pub. L. 117–2, title I, § 1101(a),
Mar. 11, 2021, 135 Stat. 15, provided that:
‘‘(a) VALUE OF BENEFITS.—Notwithstanding any other
provision of law, beginning on January 1, 2021, and for
each subsequent month through September 30, 2021, the

§ 2011

value of benefits determined under section 8(a) of the
Food and Nutrition Act of 2008 (7 U.S.C. 15 [sic] 2017(a))
shall be calculated using 115 percent of the June 2020
value of the thrifty food plan (as defined in section 3 of
such Act (7 U.S.C. 2012)) if the value of the benefits
would be greater under that calculation than in the absence of this subsection.
‘‘(b) REQUIREMENTS FOR THE SECRETARY.—In carrying
out this section, the Secretary shall—
‘‘(1) consider the benefit increases described in subsection (a) to be a ‘mass change’;
‘‘(2) require a simple process for States to notify
households of the increase in benefits;
‘‘(3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to
any errors in the implementation of this section
without regard to the 120-day limit described in that
section; and
‘‘(4) disregard the additional amount of benefits
that a household receives as a result of this section
in determining the amount of overissuances under
section 13 of the Food and Nutrition Act of 2008 (7
U.S.C. 2022).
‘‘(c) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—For the costs of State administrative expenses associated with carrying out this
section and administering the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) during the
COVID-19 public health emergency, the Secretary
shall make available $100,000,000 for fiscal year 2021.
‘‘(2) TIMING.—Not later than 60 days after the date
of the enactment of this Act [Dec. 27, 2020], the Secretary shall make available to States amounts for fiscal year 2021 under paragraph (1).
‘‘(3) ALLOCATION OF FUNDS.—Funds described in
paragraph (1) shall be made available as grants to
State agencies for fiscal year 2021 as follows:
‘‘(A) 75 percent of the amounts available for fiscal
year 2021 shall be allocated to States based on the
share of each State of households that participate
in the supplemental nutrition assistance program
as reported to the Department of Agriculture for
the most recent 12-month period for which data are
available, adjusted by the Secretary (as of the date
of the enactment of this Act) for participation in
disaster programs under section 5(h) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and
‘‘(B) 25 percent of the amounts available for fiscal
year 2021 shall be allocated to States based on the
increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture
over the most recent 12-month period for which
data are available, adjusted by the Secretary (as of
the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).
‘‘(d) CERTAIN EXCLUSIONS FROM SNAP INCOME.—A Federal pandemic unemployment compensation payment
made to an individual under section 2104 of the
Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136) [15 U.S.C. 9023] shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9
months, for the purpose of determining eligibility of
such individual or any other individual for benefits or
assistance, or the amount of benefits or assistance,
under any programs authorized under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
‘‘(e) PROVISIONS FOR IMPACTED STUDENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, not later than 20 days after the date of
the enactment of this Act, eligibility for supplemental nutrition assistance program benefits shall
not be limited under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an individual
who—
‘‘(A) is enrolled at least half-time in an institution of higher education; and

§ 2011

TITLE 7—AGRICULTURE

‘‘(B)(i) is eligible to participate in a State or federally financed work study program during the regular school year as determined by the institution of
higher education; or
‘‘(ii) in the current academic year, has an expected family contribution of $0 as determined in
accordance with part F of title IV of the Higher
Education Act of 195 [probably should be ‘‘1965’’] (20
U.S.C. 1087kk et. seq.).
‘‘(2) SUNSET.—
‘‘(A) INITIAL APPLICATIONS.—The eligibility standards authorized under paragraph (1) shall be in effect for initial applications for the supplemental
nutrition assistance program until 30 days after the
COVID–19 public health emergency is lifted.
‘‘(B) RECERTIFICATIONS.—The eligibility standards
authorized under paragraph (1) shall be in effect
until the first recertification of a household beginning no earlier than 30 days after the COVID–19
public health emergency is lifted.
‘‘(3) GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 10 days after the
date of enactment of this Act, the Secretary shall
issue guidance to State agencies on the temporary
student eligibility requirements established under
this subsection.
‘‘(B) COORDINATION WITH THE DEPARTMENT OF EDUCATION.—The Secretary of Education, in consultation with the Secretary of Agriculture and institutions of higher education, shall carry out activities
to inform applicants for Federal student financial
aid under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) and students at institutions of
higher education of the temporary student eligibility requirements established under this subsection.
‘‘(f) REPORT.—Not later than July 31, 2021, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that accounts for both the redemption rate and account balances for each month during the period specified in subsection (a).
‘‘(g) [Amended provisions set out as a note under section 2012 of this title.]’’
[For definitions of ‘‘Secretary’’, ‘‘supplemental nutrition assistance program’’, ‘‘COVID-19 public health
emergency’’, and ‘‘SNAP’’ as used in section 702 of div.
N of Pub. L. 116–260, set out above, see section 701 of
div. N of Pub. L. 116–260, set out below.]
ASSISTANCE FOR HOUSEHOLDS DURING SCHOOL
CLOSURES
Pub. L. 116–127, div. A, title I, § 1101, Mar. 18, 2020, 134
Stat. 179, as amended by Pub. L. 116–159, div. D, title
VI, § 4601, Oct. 1, 2020, 134 Stat. 744; Pub. L. 116–260, div.
N, title VII, § 721, Dec. 27, 2020, 134 Stat. 2096; Pub. L.
117–2, title I, § 1108, Mar. 11, 2021, 135 Stat. 18; Pub. L.
117–328, div. HH, title IV, §§ 502(d), 503(a), Dec. 29, 2022,
136 Stat. 5994, provided that:
‘‘(a) PUBLIC HEALTH EMERGENCY.—In any school year
in which there is a public health emergency designation, in any case in which a school is closed or has reduced the number of days or hours that students attend
the school for at least 5 consecutive days during a public health emergency designation during which the
school would otherwise be in session or in a covered
summer period following a school session, each household containing at least 1 member who is an eligible
child attending the school shall be eligible to receive
assistance pursuant to a state [sic] agency plan approved under subsection (b).
‘‘(b) ASSISTANCE.—To carry out this section, the Secretary of Agriculture may approve State agency plans
for temporary emergency standards of eligibility and
levels of benefits under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) for households with eligible
children and, as applicable, households with children
eligible for assistance under subsection (h). Plans approved by the Secretary shall provide for supplemental

Page 1228

allotments to households receiving benefits under such
Act, and issuances to households not already receiving
benefits. Such level of benefits shall be determined by
the Secretary in an amount not less than the value of
meals at the free rate over the course of 5 school days
for each eligible child in the household.
‘‘(c) MINIMUM CLOSURE REQUIREMENT.—The Secretary
of Agriculture shall not provide assistance under this
section in the case of a school that is closed or has reduced the number of days or hours that students attend
the school for less than 5 consecutive days.
‘‘(d) USE OF EBT SYSTEM.—A State agency may provide assistance under this section through the EBT
card system established under section 7 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016).
‘‘(e) RELEASE OF INFORMATION.—Notwithstanding any
other provision of law, the Secretary of Agriculture
may authorize State educational agencies and school
food authorities administering a school lunch program
under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to
carry out this section.
‘‘(f) WAIVERS.—
‘‘(1) IN GENERAL.—To facilitate implementation of
this section, the Secretary of Agriculture may approve waivers of the limits on certification periods
otherwise applicable under section 3(f) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting
requirements otherwise applicable under section 6(c)
of such Act (7 U.S.C. 2015(c)), and other administrative requirements otherwise applicable to State agencies under such Act.
‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL YEAR 20202021.—For purposes of this section, a State agency
may develop and use simplifying assumptions (including a State or local public health ordinance developed in response to COVID–19) and the best feasibly available data to determine the status of a
school or covered child care facility as opened,
closed, or operating with a reduced number of days or
hours, establish State or regionally-based benefits
levels, identify eligible children and children eligible
for assistance under subsection (h), and establish eligibility periods for eligible children and children eligible for assistance under subsection (h).
‘‘(g) AVAILABILITY OF COMMODITIES.—The Secretary of
Agriculture may purchase commodities for emergency
distribution in any area of the United States during a
public health emergency designation.
‘‘(h) ASSISTANCE FOR CHILDREN IN CHILD CARE.—
‘‘(1) IN GENERAL.—Beginning on October 1, 2020, subject to an approved State agency plan under subsection (b) or an approved amendment to such a plan,
in any case in which, during a public health emergency designation, a covered child care facility is
closed or has reduced attendance or hours for at least
5 consecutive days, or 1 or more schools in the area
of a covered child care facility or the area of a child’s
residence are closed or have reduced attendance or
hours for at least 5 consecutive days, each household
containing at least 1 child enrolled in such a covered
child care facility and either the supplemental nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or a
Department of Agriculture grant-funded nutrition assistance program in the Commonwealth of the Northern Mariana Islands, Puerto Rico, or American
Samoa shall be eligible to receive assistance, in accordance with paragraph (2), until covered child care
facilities or schools in the area reopen or operate at
full attendance and hours, as applicable, as determined by the State agency.
‘‘(2) ASSISTANCE.—A household shall receive benefits under paragraph (1) in an amount that is equal to
at least 1 breakfast and 1 lunch at the free rate for
each child enrolled in a covered child care facility for
each day that the child does not attend the facility
because the facility is closed or operating with re-

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duced attendance or hours or for each day that a
school in the area of a covered child care facility or
the area of the child’s residence is closed or has reduced attendance or hours for at least 5 consecutive
days.
‘‘(3) STATE OPTION.—A State shall not be required to
provide assistance under this subsection in order to
provide assistance to eligible children under a State
agency plan under subsection (b).
‘‘(4) DEEMED POPULATION.—For purposes of an approved State agency plan described in paragraph (1)
or an approved amendment to such a plan described
in such paragraph, the Secretary of Agriculture shall
deem any child who has not attained the age of 6 as
a child who is enrolled in a covered child care facility.
‘‘(i) EMERGENCIES DURING SUMMER.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture
may approve or permit a State agency to extend a
State agency plan approved under subsection (b) for
not more than 90 days for the purpose of operating
the plan during a covered summer period, during
which time schools participating in the school lunch
program under the Richard B. Russell National
School Lunch Act [42 U.S.C. 1751 et seq.] or the school
breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and covered child care
facilities shall be deemed closed for purposes of this
section.
‘‘(2) LIMITATION.—A State shall not provide benefits
during a covered summer period pursuant to paragraph (1) to children who, at the end of the school
year immediately preceding the covered summer period, attended a school that did not participate in the
school lunch program or school breakfast program
described in that paragraph.
‘‘(3) OTHER ASSISTANCE NOT REQUIRED.—A State
shall not be required to provide assistance under subsection (a) or (h) in order to provide assistance under
this subsection.
‘‘(4) SUMMER 2023.—Any benefits issued to households during a covered summer period pursuant to
paragraph (1) in summer 2023 shall not exceed $120 per
child for the covered summer period, except that benefits may be proportionately higher consistent with
any adjustments established under section 12(f) of the
Richard B. Russell National School Lunch Act (42
U.S.C. 1760(f)).
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) COVERED CHILD CARE FACILITY.—The term ‘covered child care facility’ means—
‘‘(A) an organization described in subparagraph
(A) or (B) of section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(a)(2)); and
‘‘(B) a family or group day care home.
‘‘(2) COVERED SUMMER PERIOD.—The term ‘covered
summer period’ means a summer period that follows
a school year during which there was a public health
emergency designation.
‘‘(3) ELIGIBLE CHILD.—The term ‘eligible child’
means a child (as defined in section 12(d) or served
under section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)
[1759a(a)(1)]) who, if not for the closure or reduced attendance or hours of the school attended by the child
during a public health emergency designation and
due to concerns about a COVID–19 outbreak, would
receive free or reduced price school meals under the
Richard B. Russell National School Lunch Act (42
U.S.C. 175l et seq.) at the school.
‘‘(4) FREE RATE.—The term ‘free rate’ means—
‘‘(A) with respect to a breakfast, the rate of a free
breakfast under the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773); and
‘‘(B) with respect to a lunch, the rate of a free
lunch under the school lunch program under the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).

‘‘(5) PUBLIC HEALTH EMERGENCY DESIGNATION.—The
term ‘public health emergency designation’ means
the declaration of a public health emergency, based
on an outbreak of SARS–CoV–2, by the Secretary of
Health and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d).
‘‘(6) SCHOOL.—The term ‘school’ has the meaning
given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)).
‘‘(7) STATE.—The term ‘State’ has the meaning
given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)).
‘‘(k) FUNDING.—There are hereby appropriated to the
Secretary of Agriculture such amounts as are necessary to carry out this section (including all administrative expenses for Federal agencies, State agencies,
other agencies of the State, local units, and schools):
Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 [2 U.S.C.
901(b)(2)(A)(i)].’’
SNAP WAIVERS
Pub. L. 116–127, div. B, title III, Mar. 18, 2020, 134 Stat.
187, as amended by Pub. L. 116–159, div. D, title VI,
§ 4603(a)(3), Oct. 1, 2020, 134 Stat. 746; Pub. L. 117–328, div.
HH, title IV, § 503(b), Dec. 29, 2022, 136 Stat. 5994, provided that:
‘‘SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME
JOBLESS WORKERS
‘‘(a) Beginning with the first month that begins after
the enactment of this Act [Mar. 18, 2020] and for each
subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act [42
U.S.C. 247d] based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not
be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 [7 U.S.C. 2015(o)(2)] unless an individual
does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the
Food and Nutrition Act of 2008 [7 U.S.C. 2012]) that
meets the standards of subparagraphs (B) or (C) of such
section 6(o)(2).
‘‘(b) Beginning on the month subsequent to the
month the public health emergency declaration by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o)
of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month.
‘‘SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A
PUBLIC HEALTH EMERGENCY
‘‘(a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act
[42 U.S.C. 247d] based on an outbreak of coronavirus
disease 2019 (COVID–19) and the issuance of an emergency or disaster declaration by a State based on an
outbreak of COVID–19, the Secretary of Agriculture—
‘‘(1) shall provide, at the request of a State agency
(as defined in section 3 of the Food and Nutrition Act
of 2008 [7 U.S.C. 2012]) that provides sufficient data (as
determined by the Secretary through guidance) supporting such request, for emergency allotments to
households participating in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.] to address temporary food needs not greater than the applicable
maximum monthly allotment for the household size;
and
‘‘(2) may adjust, at the request of State agencies or
by guidance in consultation with one or more State

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agencies, issuance methods and application and reporting requirements under the Food and Nutrition
Act of 2008 to be consistent with what is practicable
under actual conditions in affected areas. (In making
this adjustment, the Secretary shall consider the
availability of offices and personnel in State agencies, any conditions that make reliance on electronic
benefit transfer systems described in section 7(h) of
the Food and Nutrition Act of 2008 [7 U.S.C. 2016(h)]
impracticable, any disruptions of transportation and
communication facilities, and any health considerations that warrant alternative approaches.)
‘‘(b) Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs
(1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of
the Department the following documents:
‘‘(1) Any request submitted by State agencies under
subsection (a).
‘‘(2) The Secretary’s approval or denial of each such
request.
‘‘(3) Any guidance issued under subsection (a)(2).
‘‘(c) REPORT.—Not later than June 30, 2022, the Secretary of Agriculture shall submit, to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report containing the following information:
‘‘(1) A description of any information or data supporting State agency requests under this section and
any additional measures that State agencies requested that were not approved by the Secretary of
Agriculture;
‘‘(2) An evaluation of the use of all waivers, adjustments, and other flexibilities in the operation of the
supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of
2008 (7 U.S.C. 2012)), in effect under this Act [div. B of
Pub. L. 116–127, see Tables for classification], the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
or any other Act, to respond to the COVID–19 public
health emergency; and
‘‘(3) A recommendation of any additional waivers or
flexibilities needed in the operation of the supplemental nutrition assistance program to respond to
public health emergencies with pandemic potential.
‘‘(d) SUNSET.—The authority under subsection (a)(1)
shall expire after the issuance of February 2023 benefits
under that subsection.’’
STUDY OF NATIONAL DATABASE FOR FEDERAL MEANSTESTED PUBLIC ASSISTANCE PROGRAMS
Pub. L. 105–379, § 2, Nov. 12, 1998, 112 Stat. 3399, as
amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B),
(2)(PP), May 22, 2008, 122 Stat. 1095, 1096, 1098; Pub. L.
110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(PP), June
18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘(a) IN GENERAL.—The Secretary of Agriculture shall
conduct a study of options for the design, development,
implementation, and operation of a national database
to track participation in Federal means-tested public
assistance programs.
‘‘(b) ADMINISTRATION.—In conducting the study, the
Secretary shall—
‘‘(1) analyze available data to determine—
‘‘(A) whether the data have addressed the needs of
the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.);
‘‘(B) whether additional or unique data need to be
developed to address the needs of the supplemental
nutrition assistance program; and
‘‘(C) the feasibility and cost-benefit ratio of each
available option for a national database;
‘‘(2) survey the States to determine how the States
are enforcing the prohibition on recipients receiving
assistance in more than one State under Federal
means-tested public assistance programs;
‘‘(3) determine the functional requirements of each
available option for a national database; and

Page 1230

‘‘(4) ensure that all options provide safeguards to
protect against the unauthorized use or disclosure of
information in the national database.
‘‘(c) REPORT.—Not later than 1 year after the date of
enactment of this Act [Nov. 12, 1998], the Secretary
shall submit to Congress a report on the results of the
study conducted under this section.
‘‘(d) FUNDING.—Out of any moneys in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary of Agriculture
$500,000 to carry out this section. The Secretary shall
be entitled to receive the funds and shall accept the
funds, without further appropriation.’’
WELFARE SIMPLIFICATION AND COORDINATION ADVISORY
COMMITTEE
Pub. L. 101–624, title XVII, § 1778, Nov. 28, 1990, 104
Stat. 3814, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(A), (D), (2)(KK), May 22, 2008, 122 Stat. 1095,
1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A),
(D), (2)(KK), June 18, 2008, 122 Stat. 1857, 1859, provided
that:
‘‘(a) APPOINTMENT AND MEMBERSHIP.—
‘‘(1) ESTABLISMENT [sic].—There is established an
Advisory Committee on Welfare Simplification and
Coordination (hereafter in this section referred to as
the ‘Committee’) consisting of not fewer than 7, nor
more than 11, members appointed by the Secretary of
Agriculture (hereafter in this section referred to as
the ‘Secretary’), after consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, and with
the advice of State and local officials responsible for
administering the supplemental nutrition assistance
program, cash and medical assistance programs for
low-income families and individuals under the Social
Security Act [42 U.S.C. 301 et seq.], and programs providing housing assistance to needy families and individuals, and representatives of recipients and recipient advocacy organizations associated with such programs.
‘‘(2) QUALIFICATIONS.—The members of the Committee shall be individuals who are familiar with the
rules, goals, and limitations of Federal supplemental
nutrition assistance program benefits, cash, medical,
and housing assistance programs for low-income families and individuals, and may include individuals
who have demonstrated expertise in evaluating the
operations of and interaction among such programs
as they affect administrators and recipients, persons
who have experience in administering such programs
at the Federal, State, or local level, and representatives of administrators and recipients affected by
such programs.
‘‘(b) PURPOSE.—It shall be the purpose of the Committee, in consultation, where appropriate, with program administrators and representatives of recipients—
‘‘(1) to identify the significant policies implemented in the supplemental nutrition assistance program, cash and medical assistance programs under
the Social Security Act [42 U.S.C. 301 et seq.], and
housing assistance programs (whether resulting from
law, regulations, or administrative practice) that, because they differ substantially, make it difficult for
those eligible to apply for and obtain benefits from
more than one program and restrict the ability of administrators of such programs to provide efficient,
timely, and appropriate benefits to those eligible for
more than one type of assistance, drawing, where appropriate, on previous efforts to coordinate and simplify such programs and policies;
‘‘(2) to examine the major reasons for such different
programs and policies;
‘‘(3) to evaluate how and the extent to which such
different programs and policies hinder, to a significant degree, the receipt of benefits from more than
one program and substantially restrict administrators’ ability to provide efficient, timely, and appropriate benefits;

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TITLE 7—AGRICULTURE

‘‘(4) to recommend common or simplified programs
and policies (including recommendations for changes
in law, regulations, and administrative practice and
for policies that do not currently exist in such programs) that would substantially reduce difficulties in
applying for and obtaining benefits from more than
one program and significantly increase the ability of
administrators of such programs to efficiently provide timely and appropriate assistance to those eligible for more than one type of assistance; and
‘‘(5) to describe the major effects of such common
or simplified programs and policies (including how
such common or simplified programs and policies
would enhance or conflict with the purposes of such
programs, how they would ease burdens on administrators and recipients, how they would affect program costs and participation, and the degree to which
they would change the relationships between the Federal Government and the States in such programs)
and the reasons for recommending such programs and
policies (including reasons, if any, that might be sufficient to override special rules derived from the purposes of individual programs).
‘‘(c) ADMINISTRATIVE SUPPORT.—The Secretary shall
provide the Committee with such technical and other
assistance, including secretarial and clerical assistance, as may be required to carry out its functions.
‘‘(d) REIMBURSEMENT.—Members of the Committee
shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by such members in the performance of
the duties of the Committee.
‘‘(e) REPORTS.—Not later than July 1, 1993, the Committee shall prepare and submit, to the appropriate
committees of Congress, the Secretary of Agriculture,
the Secretary of Health and Human Services, and the
Secretary of Housing and Urban Development a final
report, including recommendations for common or simplified programs and policies and the effects of and reasons for such programs and policies and may submit interim reports, including reports on common or simplified programs and policies covering less than the
complete range of programs and policies under review,
to the committees and such Secretaries as deemed appropriate by the Committee.’’
RULES
Pub. L. 99–198, title XV, § 1583, Dec. 23, 1985, 99 Stat.
1595, provided that: ‘‘Not later than April 1, 1987, the
Secretary shall issue rules to carry out the amendments made by this title [amending sections 612c, 1431e,
2012 to 2023, and 2025 to 2029 of this title, section 49b of
Title 29, Labor, and section 503 of Title 42, The Public
Health and Welfare, and amending provisions set out as
notes under section 612c of this title].’’
IMPLEMENTATION OF 1977 AMENDMENT; SAVINGS PROVISION; AVAILABILITY OF APPROPRIATED FUNDS; REPORT

Pub. L. 95–113, title XIII, § 1303, Sept. 29, 1997, 91 Stat.
979, as amended by Pub. L. 97–375, title I, § 103(a), Dec.
21, 1982, 96 Stat. 1819, provided that:
‘‘(a) The Secretary of Agriculture shall implement
the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, this chapter] as expeditiously as possible consistent with the efficient and effective administration of the food stamp program. The provisions of
the Food Stamp Act of 1964, as amended [this chapter
prior to amendment by Pub. L. 95–113], which are relevant to current regulations of the Secretary governing
the food stamp program, shall remain in effect until
such regulations are revoked, superseded, amended, or
modified by regulations issued pursuant to the Food
Stamp Act of 1977. Coupons issued pursuant to the Food
Stamp Act of 1964, as amended, and in general use as of
the effective date of the Food Stamp Act of 1977 [Oct.
1, 1977], shall continue to be usable to purchase food,
and all other liabilities of the Secretary, States, and
applicant or participating households, under the Food

Stamp Act of 1964, as amended, shall continue in force
until finally resolved or terminated by administrative
or judicial action, or otherwise.
‘‘(b) Pending proceedings under the Food Stamp Act
of 1964, as amended, shall not be abated by reason of
any provision of the Food Stamp Act of 1977, but shall
be disposed of pursuant to the applicable provisions of
the Food Stamp Act of 1964, as amended, in effect prior
to the effective date of the Food Stamp Act of 1977
[Oct. 1, 1977].
‘‘(c) Appropriations made available to carry out the
Food Stamp Act of 1964, as amended, shall be available
to carry out the provisions of the Food Stamp Act of
1977.
‘‘(d) [Repealed. Pub. L. 97–375, title I, § 103(a), Dec. 1,
1982, 96 Stat. 1819.]’’
[References to the food stamp program established
under the Food and Nutrition Act of 2008 considered to
refer to the supplemental nutrition assistance program
established under that Act, see section 4002(c) of Pub.
L. 110–246, set out as a note under section 2012 of this
title.]
DEFINITIONS
Pub. L. 116–260, div. N, title VII, § 701, Dec. 27, 2020, 134
Stat. 2092, provided that: ‘‘In this chapter [chapter 1
(§§ 701–704) of subtitle A of title VII of div. N of Pub. L.
116–260, enacting provisions set out as notes under this
section and section 2016 of this title and amending provisions set out as a note under section 2012 of this
title]—
‘‘(1) COVID-19 PUBLIC HEALTH EMERGENCY.—The term
‘COVID-19 public health emergency’ means a public
health emergency declared or renewed by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d)
based on an outbreak of coronavirus disease 2019
(COVID-19).
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Agriculture.
‘‘(3) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The term ‘supplemental nutrition assistance
program’ has the meaning given such term in section
3(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(t)).
‘‘(4) SNAP.—The term ‘SNAP’ refers to the supplemental nutrition assistance program.’’

§ 2012. Definitions
As used in this chapter, the term:
(a) ‘‘Access device’’ means any card, plate,
code, account number, or other means of access,
including point of sale devices, that can be used,
alone or in conjunction with another access device, to obtain payments, allotments, benefits,
money, goods, or other things of value, or that
can be used to initiate a transfer of funds under
this chapter.
(b) ‘‘Allotment’’ means the total value of benefits a household is authorized to receive during
each month.
(c) ‘‘Allowable medical expenses’’ means expenditures for (1) medical and dental care, (2)
hospitalization or nursing care (including hospitalization or nursing care of an individual who
was a household member immediately prior to
entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed
practitioner authorized under State law and
over-the-counter medication (including insulin)
when approved by a licensed practitioner or
other qualified health professional, (4) health
and hospitalization insurance policies (excluding the costs of health and accident or income
maintenance policies), (5) medicare premiums
related to coverage under title XVIII of the So-

§ 2012

TITLE 7—AGRICULTURE

Page 1232

cial Security Act [42 U.S.C. 1395 et seq.], (6) dentures, hearing aids, and prosthetics (including
the costs of securing and maintaining a seeing
eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist,
(8) reasonable costs of transportation necessary
to secure medical treatment or services, and (9)
maintaining an attendant, homemaker, home
health aide, housekeeper, or child care services
due to age, infirmity, or illness.
(d) BENEFIT.—The term ‘‘benefit’’ means the
value of supplemental nutrition assistance provided to a household by means of—
(1) an electronic benefit transfer under section 2016(h) of this title; or
(2) other means of providing assistance, as
determined by the Secretary.

stringent as those used under title XVI of the
Social Security Act;
(3) receives disability or blindness payments
under title I, II, X, XIV, or XVI of the Social
Security Act [42 U.S.C. 301 et seq., 401 et seq.,
1201 et seq., 1351 et seq., 1381 et seq.] or receives disability retirement benefits from a
governmental agency because of a disability
considered permanent under section 221(i) of
the Social Security Act (42 U.S.C. 421(i));
(4) is a veteran who—
(A) has a service-connected or non-serviceconnected disability which is rated as total
under title 38; or
(B) is considered in need of regular aid and
attendance or permanently housebound
under such title;

(e) BENEFIT ISSUER.—The term ‘‘benefit
issuer’’ means any office of the State agency or
any person, partnership, corporation, organization, political subdivision, or other entity with
which a State agency has contracted for, or to
which it has delegated functional responsibility
in connection with, the issuance of benefits to
households.
(f) ‘‘Certification period’’ means the period for
which households shall be eligible to receive
benefits. The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State
agency shall have at least 1 contact with each
certified household every 12 months. The limits
specified in this subsection may be extended
until the end of any transitional benefit period
established under section 2020(s) of this title.
(g) ‘‘Coupon’’ means any coupon, stamp, type
of certificate, authorization card, cash or check
issued in lieu of a coupon.
(h) ‘‘Drug addiction or alcoholic treatment
and rehabilitation program’’ means any such
program conducted by a private nonprofit organization or institution, or a publicly operated
community mental health center, under part B
of title XIX of the Public Health Service Act (42
U.S.C. 300x et seq.) to provide treatment that
can lead to the rehabilitation of drug addicts or
alcoholics.
(i) EBT CARD.—The term ‘‘EBT card’’ means
an electronic benefit transfer card issued under
section 2016(h) of this title.
(j) ‘‘Elderly or disabled member’’ means a
member of a household who—
(1) is sixty years of age or older;
(2)(A) receives supplemental security income
benefits under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.), or Federally or
State administered supplemental benefits of
the type described in section 212(a) of Public
Law 93–66 (42 U.S.C. 1382 note), or
(B) receives Federally or State administered
supplemental assistance of the type described
in section 1616(a) of the Social Security Act (42
U.S.C. 1382e(a)), interim assistance pending receipt of supplemental security income, disability-related medical assistance under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.), or disability-based State general assistance benefits, if the Secretary determines
that such benefits are conditioned on meeting
disability or blindness criteria at least as

(5) is a surviving spouse of a veteran and—
(A) is considered in need of regular aid and
attendance or permanently housebound
under title 38; or
(B) is entitled to compensation for a service-connected death or pension benefits for a
non-service-connected death under title 38,
and has a disability considered permanent
under section 221(i) of the Social Security
Act (42 U.S.C. 421(i));
(6) is a child of a veteran and—
(A) is considered permanently incapable of
self-support under section 1314 of title 38; or
(B) is entitled to compensation for a service-connected death or pension benefits for a
non-service-connected death under title 38,
and has a disability considered permanent
under section 221(i) of the Social Security
Act (42 U.S.C. 421(i)); or
(7) is an individual receiving an annuity
under section 2(a)(1)(iv) or 2(a)(1)(v) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231a(a)(1)(iv) or 231a(a)(1)(v)), if the individual’s service as an employee under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et
seq.], after December 31, 1936, had been included in the term ‘‘employment’’ as defined
in the Social Security Act [42 U.S.C. 301 et
seq.], and if an application for disability benefits had been filed.
(k) ‘‘Food’’ means (1) any food or food product
for home consumption except alcoholic beverages, tobacco, 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, and any deposit fee in excess of the amount of the State fee
reimbursement (if any) required to purchase any
food or food product contained in a returnable
bottle or can, regardless of whether the fee is included in the shelf price posted for the food or
food product, (2) seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, (3) in the case of
those persons who are sixty years of age or over
or who receive supplemental security income
benefits or disability or blindness payments
under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201
et seq., 1351 et seq., 1381 et seq.], and their
spouses, meals prepared by and served in senior
citizens’ centers, apartment buildings occupied

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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 subject to section 2018(h) of
this title, 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 subject to section 2018(h)
of this title, (5) in the case of narcotics addicts
or alcoholics, and their children, served by drug
addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under
such programs, (6) in the case of certain eligible
households living in Alaska, equipment for procuring food by hunting and fishing, such as nets,
hooks, rods, harpoons, and knives (but not
equipment for purposes of transportation, clothing, or shelter, and not firearms, ammunition,
and explosives) if the Secretary determines that
such households are located in an area of the
State where it is extremely difficult to reach
stores selling food and that such households depend to a substantial extent upon hunting and
fishing for subsistence, (7) in the case of disabled
or blind recipients of benefits under title I, II, X,
XIV, or XVI of the Social Security Act [42 U.S.C.
301 et seq., 401 et seq., 1201 et seq., 1351 et seq.,
1381 et seq.], and individuals described in paragraphs (2) through (7) of subsection (j), who are
residents in a public or private nonprofit group
living arrangement that serves no more than
sixteen residents and is certified by the appropriate State agency or agencies under regulations issued under section 1616(e) of the Social
Security Act [42 U.S.C. 1382e(e)] or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section, meals
prepared and served under such arrangement, (8)
in the case of women and children temporarily
residing in public or private nonprofit shelters
for battered women and children, meals prepared and served, by such shelters, and (9) in the
case of households that do not reside in permanent dwellings and households that have no
fixed mailing addresses, meals prepared for and
served by a public or private nonprofit establishment (approved by an appropriate State or local
agency) that feeds such individuals and by private establishments that contract with the appropriate agency of the State to offer meals for
such individuals at concessional prices subject
to section 2018(h) of this title.
(l) ‘‘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;

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(B) an institution that provides a temporary residence for individuals intended to
be institutionalized;
(C) a temporary accommodation for not
more than 90 days in the residence of another individual; or
(D) a public or private place not designed
for, or ordinarily used as, a regular sleeping
accommodation for human beings.
(m)(1) ‘‘Household’’ means—
(A) an individual who lives alone or who,
while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others;
or
(B) a group of individuals who live together
and customarily purchase food and prepare
meals together for home consumption.
(2) Spouses who live together, parents and
their children 21 years of age or younger who
live together, and children (excluding foster
children) under 18 years of age who live with and
are under the parental control of a person other
than their parent together with the person exercising parental control shall be treated as a
group of individuals who customarily purchase
and prepare meals together for home consumption even if they do not do so.
(3) Notwithstanding paragraphs (1) and (2), an
individual who lives with others, who is sixty
years of age or older, and who is unable to purchase food and prepare meals because such individual suffers, as certified by a licensed physician, from a disability which would be considered a permanent disability under section 221(i)
of the Social Security Act (42 U.S.C. 421(i)) or
from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together
with any of the others who is the spouse of such
individual, an individual household, without regard to the purchase of food and preparation of
meals, if the income (as determined under section 2014(d) of this title) of the others, excluding
the spouse, does not exceed the poverty line, as
described in section 2014(c)(1) of this title, by
more than 65 per centum.
(4) In no event shall any individual or group of
individuals constitute a household if they reside
in an institution or boarding house, or else live
with others and pay compensation to the others
for meals.
(5) For the purposes of this subsection, the following persons shall not be considered to be
residents of institutions and shall be considered
to be individual households:
(A) Residents of federally subsidized housing
for the elderly, disabled or blind recipients of
benefits under title I, II, X, XIV, or XVI of the
Social Security Act [42 U.S.C. 301 et seq., 401
et seq., 1201 et seq., 1351 et seq., 1381 et seq.].
(B) Individuals described in paragraphs (2)
through (7) of subsection (j), 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

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TITLE 7—AGRICULTURE

to standards implemented by appropriate
State agencies under that section.
(C) Temporary residents of public or private
nonprofit shelters for battered women and
children.
(D) Residents of public or private nonprofit
shelters for individuals who do not reside in
permanent dwellings or have no fixed mailing
addresses, who are otherwise eligible for benefits.
(E) Narcotics addicts or alcoholics, together
with their children, who live under the supervision of a private nonprofit institution, or a
publicly operated community mental health
center, for the purpose of regular participation
in a drug or alcoholic treatment program.
(n) ‘‘Reservation’’ means the geographically
defined area or areas over which a tribal organization exercises governmental jurisdiction.
(o) ‘‘Retail food store’’ means—
(1) an establishment, house-to-house trade
route, or online entity that sells food for home
preparation and consumption and—
(A) offers for sale, on a continuous basis, a
variety of at least 7 foods in each of the 4
categories of staple foods specified in subsection (q)(1), including perishable foods in
at least 3 of the categories; or
(B) has over 50 percent of the total sales of
the establishment or route in staple foods,
as determined by visual inspection, sales
records,
purchase
records,
counting
of
stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry;
(2) an establishment, organization, program,
or group living arrangement referred to in
paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k);
(3) a store purveying the hunting and fishing
equipment described in subsection (k)(6);
(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, or agricultural producers who market agricultural products directly to consumers; and
(5) a governmental or private nonprofit food
purchasing and delivery service that—
(A) purchases food for, and delivers the
food to, individuals who are—
(i) unable to shop for food; and
(ii)(I) not less than 60 years of age; or
(II) physically or mentally handicapped
or otherwise disabled;
(B) clearly notifies the participating
household at the time the household places a
food order—
(i) of any delivery fee associated with
the food purchase and delivery provided to
the household by the service; and
(ii) that a delivery fee cannot be paid
with benefits provided under supplemental
nutrition assistance program; and
(C) sells food purchased for the household
at the price paid by the service for the food
and without any additional cost markup.
(p) ‘‘Secretary’’ means the Secretary of Agriculture.

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(q)(1) Except as provided in paragraph (2),
‘‘staple foods’’ means foods in the following categories:
(A) Meat, poultry, or fish.
(B) Bread or cereals.
(C) Vegetables or fruits.
(D) Dairy products.
(2) ‘‘Staple foods’’ do not include accessory
food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices.
(r) ‘‘State’’ means the fifty States, the District of Columbia, Guam, the Virgin Islands of
the United States, and the reservations of an Indian tribe whose tribal organization meets the
requirements of this chapter for participation as
a State agency.
(s) ‘‘State agency’’ means (1) the agency of
State government, including the local offices
thereof, which has the responsibility for the administration of the federally aided public assistance programs within such State, and in those
States where such assistance programs are operated on a decentralized basis, the term shall include the counterpart local agencies administering such programs, and (2) the tribal organization of an Indian tribe determined by the
Secretary to be capable of effectively administering a food distribution program under section 2013(b) of this title or a supplemental nutrition assistance program under section 2020(d) of
this title.
(t) ‘‘Supplemental nutrition assistance program’’ means the program operated pursuant to
this chapter.
(u) ‘‘Thrifty food plan’’ means the diet required to feed a family of four persons consisting of a man and a woman twenty through
fifty, a child six through eight, and a child nine
through eleven years of age, determined in accordance with the Secretary’s calculations. By
2022 and at 5-year intervals thereafter, the Secretary shall re-evaluate and publish the market
baskets of the thrifty food plan based on current
food prices, food composition data, consumption
patterns, and dietary guidance. The cost of such
diet shall be the basis for uniform allotments for
all households regardless of their actual composition, except that the Secretary shall—
(1) make household-size adjustments (based
on the unrounded cost of such diet) taking
into account economies of scale;
(2) make cost adjustments in the thrifty
food plan for Hawaii and the urban and rural
parts of Alaska to reflect the cost of food in
Hawaii and urban and rural Alaska;
(3) make cost adjustments in the separate
thrifty food plans for Guam, and the Virgin Islands of the United States to reflect the cost
of food in those States, but not to exceed the
cost of food in the fifty States and the District
of Columbia; and
(4) on October 1, 1996, and each October 1
thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding
June, and round the result to the nearest
lower dollar increment for each household
size, except that on October 1, 1996, the Secretary may not reduce the cost of the diet in
effect on September 30, 1996, and except that
on October 1, 2003, in the case of households re-

Page 1235

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TITLE 7—AGRICULTURE

siding in Alaska and Hawaii the Secretary
may not reduce the cost of such diet in effect
on September 30, 2002.
(v) ‘‘Tribal organization’’ means the recognized governing body of an Indian tribe (including the tribally recognized intertribal organization of such tribes), as the term ‘‘Indian tribe’’
is defined in section 5304 of title 25, as well as
any Indian tribe, band, or community holding a
treaty with a State government.
(Pub. L. 88–525, § 3, Aug. 31, 1964, 78 Stat. 703;
Pub. L. 91–671, § 2, Jan. 11, 1971, 84 Stat. 2048;
Pub. L. 92–603, title IV, § 411(a), (b), Oct. 30, 1972,
86 Stat. 1491; Pub. L. 93–86, § 3(a)–(c), (l), (o), (p),
Aug. 10, 1973, 87 Stat. 246, 248, 249; Pub. L. 93–125,
§ 1(h), Oct. 18, 1973, 87 Stat. 450; Pub. L. 94–339, § 4,
July 5, 1976, 90 Stat. 801; Pub. L. 95–113, title
XIII, §§ 1301, 1302(a)(1), Sept. 29, 1977, 91 Stat. 958,
979; Pub. L. 96–58, §§ 3, 7, Aug. 14, 1979, 93 Stat.
390, 392; Pub. L. 96–181, § 15(b), Jan. 2, 1980, 93
Stat. 1316; Pub. L. 96–249, title I, §§ 101(a), 111,
135, May 26, 1980, 94 Stat. 357, 360, 369; Pub. L.
97–35, title I, §§ 101–103, 108(a), 116(a)(1), Aug. 13,
1981, 95 Stat. 358, 361, 364; Pub. L. 97–98, title XII,
§§ 1302–1304, Dec. 22, 1981, 95 Stat. 1282; Pub. L.
97–253, title I, §§ 142, 143(a), 144, 145(a), (b), Sept.
8, 1982, 96 Stat. 772–774; Pub. L. 98–204, § 3, Dec. 2,
1983, 97 Stat. 1385; Pub. L. 99–198, title XV,
§§ 1501(a), 1502–1504, Dec. 23, 1985, 99 Stat. 1566;
Pub. L. 99–570, title XI, § 11002(a)–(c), Oct. 27,
1986, 100 Stat. 3207–167, 3207–168; Pub. L. 100–77,
title VIII, §§ 801, 802(a), July 22, 1987, 101 Stat.
533, 534; Pub. L. 100–435, title I, § 120, title III,
§ 350, Sept. 19, 1988, 102 Stat. 1655, 1664; Pub. L.
101–624, title XVII, §§ 1712, 1713(a), 1747(b), Nov.
28, 1990, 104 Stat. 3783, 3796; Pub. L. 102–83,
§ 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L.
102–237, title IX, §§ 901, 941(1), Dec. 13, 1991, 105
Stat. 1884, 1891; Pub. L. 102–351, § 1, Aug. 26, 1992,
106 Stat. 937; Pub. L. 103–66, title XIII, §§ 13931,
13932, Aug. 10, 1993, 107 Stat. 676; Pub. L. 103–225,
title I, § 101(b)(1), title II, § 201, Mar. 25, 1994, 108
Stat. 107, 108; Pub. L. 103–354, title III, § 303(a),
Oct. 13, 1994, 108 Stat. 3239; Pub. L. 104–193, title
VIII, §§ 801–805, Aug. 22, 1996, 110 Stat. 2308, 2309;
Pub. L. 107–171, title IV, §§ 4112(b)(1), 4115(b)(1),
May 13, 2002, 116 Stat. 312, 315; Pub. L. 108–199,
div. A, title VII, § 771(a), Jan. 23, 2004, 118 Stat.
40; Pub. L. 110–234, title IV, §§ 4001(b), 4115(b)(1),
May 22, 2008, 122 Stat. 1092, 1105; Pub. L. 110–246,
§ 4(a), title IV, §§ 4001(b), 4115(b)(1), June 18, 2008,
122 Stat. 1664, 1853, 1866; Pub. L. 113–79, title IV,
§§ 4001, 4002(a), 4003(a), 4012, 4014(c), 4030(a), Feb.
7, 2014, 128 Stat. 782, 784, 793, 794, 813; Pub. L.
115–334, title IV, §§ 4001(a), 4002, 4003(c), 4022(1),
Dec. 20, 2018, 132 Stat. 4624, 4627, 4653.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (c),
(j), (k), and (m)(5)(A), is act Aug. 14, 1935, ch. 531, 49
Stat. 620, which is classified generally to chapter 7 (§ 301
et seq.) of Title 42, The Public Health and Welfare. Titles I, II, X, XIV, XVI, XVIII, and XIX of the Social Security Act are classified generally to subchapters I
(§ 301 et seq.), II (§ 401 et seq.), X (§ 1201 et seq.), XIV
(§ 1351 et seq.), XVI (§ 1381 et seq.), XVIII (§ 1395 et seq.),
and XIX (§ 1396 et seq.), respectively, of chapter 7 of
Title 42. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.

The Public Health Service Act, referred to in subsec.
(h), is act July 1, 1944, ch. 373, 58 Stat. 682. Part B of
title XIX of the Act is classified generally to part B
(§ 300x et seq.) of subchapter XVII of chapter 6A of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 201 of Title 42 and Tables.
The Railroad Retirement Act of 1974, referred to in
subsec. (j)(7), is act Aug. 29, 1935, ch. 812, as amended
generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88
Stat. 1305, which is classified generally to subchapter
IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For
further details and complete classification of this Act
to the Code, see Codification note set out preceding
section 231 of Title 45, section 231t of Title 45, and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (d)(1). Pub. L. 115–334, § 4022(1)(A), substituted ‘‘section 2016(h)’’ for ‘‘section 2016(i)’’.
Subsec. (i). Pub. L. 115–334, § 4022(1)(A), substituted
‘‘section 2016(h)’’ for ‘‘section 2016(i)’’.
Subsec. (o)(1). Pub. L. 115–334, § 4001(a), substituted
‘‘establishment, house-to-house trade route, or online
entity’’ for ‘‘establishment or house-to-house trade
route’’ in introductory provisions.
Subsec. (o)(1)(A). Pub. L. 115–334, § 4022(1)(B), substituted ‘‘subsection (q)(1)’’ for ‘‘subsection (r)(1)’’.
Subsec. (u). Pub. L. 115–334, § 4002, inserted in introductory provisions ‘‘By 2022 and at 5-year intervals
thereafter, the Secretary shall re-evaluate and publish
the market baskets of the thrifty food plan based on
current food prices, food composition data, consumption patterns, and dietary guidance.’’
Subsec. (v). Pub. L. 115–334, § 4003(c), substituted ‘‘section 5304 of title 25’’ for ‘‘the Indian Self-Determination
Act (25 U.S.C. 450b(b))’’.
2014—Subsec. (g). Pub. L. 113–79, § 4030(a)(1), substituted ‘‘coupon’’ for ‘‘coupon,’’ before period at end.
Subsec. (k). Pub. L. 113–79, § 4014(c), inserted ‘‘subject
to section 2018(h) of this title’’ after ‘‘concessional
prices’’ wherever appearing.
Subsec. (k)(1). Pub. L. 113–79, § 4001, substituted ‘‘hot
foods’’ for ‘‘and hot foods’’ and inserted at end ‘‘and
any deposit fee in excess of the amount of the State fee
reimbursement (if any) required to purchase any food
or food product contained in a returnable bottle or can,
regardless of whether the fee is included in the shelf
price posted for the food or food product,’’.
Subsec. (k)(7). Pub. L. 113–79, § 4030(a)(2), substituted
‘‘and individuals’’ for ‘‘or are individuals’’.
Subsec. (l) to (o). Pub. L. 113–79, § 4030(a)(3), (4), redesignated subsecs. (m) to (p) as (l) to (o), respectively, and
struck out former subsec. (l) which read as follows:
‘‘ ‘Supplemental nutrition assistance program’ means
the program operated pursuant to the provisions of this
chapter.’’
Subsec. (o)(4). Pub. L. 113–79, § 4012, inserted ‘‘, or agricultural producers who market agricultural products
directly to consumers’’ after ‘‘such food’’.
Subsec. (p). Pub. L. 113–79, § 4030(a)(4), redesignated
subsec. (q) as (p). Former subsec. (p) redesignated (o).
Subsec. (p)(1)(A). Pub. L. 113–79, § 4002(a), inserted ‘‘at
least 7’’ after ‘‘a variety of’’ and substituted ‘‘at least
3’’ for ‘‘at least 2’’.
Subsec. (p)(5). Pub. L. 113–79, § 4003(a), added par. (5).
Subsecs. (q) to (s). Pub. L. 113–79, § 4030(a)(4), redesignated subsecs. (r) to (t) as (q) to (s), respectively.
Former subsec. (q) redesignated (p).
Subsec. (t). Pub. L. 113–79, § 4030(a)(5), added subsec.
(t).
Pub. L. 113–79, § 4030(a)(4), redesignated subsec. (t) as
(s).

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TITLE 7—AGRICULTURE

2008—Pub. L. 110–246, § 4115(b)(1)(M), redesignated subsecs. (a) to (v) as (b), (d), (f), (g), (e), (h), (k), (l), (n), (o),
(p), (q), (s), (t), (u), (v), (c), (j), (m), (a), (r), and (i), respectively.
Subsec. (a). Pub. L. 110–246, § 4115(b)(1)(A), substituted
‘‘benefits’’ for ‘‘coupons’’.
Subsec. (b). Pub. L. 110–246, § 4115(b)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as
follows: ‘‘ ‘Authorization card’ means the document
issued by the State agency to an eligible household
which shows the allotment the household is entitled to
be issued.’’
Subsec. (c). Pub. L. 110–246, § 4115(b)(1)(C), substituted
‘‘benefits’’ for ‘‘authorization cards’’ in first sentence.
Subsec. (d). Pub. L. 110–246, § 4115(b)(1)(D), struck out
‘‘or access device, including an electronic benefit transfer card or personal identification number, issued pursuant to the provisions of this chapter’’ before period
at end.
Subsec. (e). Pub. L. 110–246, § 4115(b)(1)(E), inserted
heading and substituted ‘‘The term ‘benefit issuer’
means’’ for ‘‘ ‘Coupon issuer’ means’’ and ‘‘benefits’’ for
‘‘coupons’’.
Subsec. (g)(7). Pub. L. 110–246, § 4115(b)(1)(F), substituted ‘‘subsection (j)’’ for ‘‘subsection (r)’’.
Subsec. (h). Pub. L. 110–246, § 4001(b), which directed
the substitution of ‘‘supplemental nutrition assistance
program’’ for ‘‘food stamp program’’ wherever appearing, was executed by substituting ‘‘Supplemental nutrition assistance program’’ for ‘‘Food stamp program’’,
to reflect the probable intent of Congress.
Subsec. (i)(5)(B). Pub. L. 110–246, § 4115(b)(1)(G)(i), substituted ‘‘subsection (j)’’ for ‘‘subsection (r)’’.
Subsec. (i)(5)(D). Pub. L. 110–246, § 4115(b)(1)(G)(ii),
substituted ‘‘benefits’’ for ‘‘coupons’’.
Subsec. (j). Pub. L. 110–246, § 4115(b)(1)(H), struck out
‘‘(as that term is defined in subsection (p) of this section)’’ after ‘‘tribal organization’’.
Subsec. (k)(1)(A). Pub. L. 110–246, § 4115(b)(1)(I)(i), substituted ‘‘subsection (r)(1)’’ for ‘‘subsection (u)(1)’’.
Subsec. (k)(2). Pub. L. 110–246, § 4115(b)(1)(I)(ii), substituted ‘‘paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k)’’ for ‘‘subsections (g)(3), (4), (5), (7), (8), and
(9) of this section’’.
Subsec. (k)(3). Pub. L. 110–246, § 4115(b)(1)(I)(iii), substituted ‘‘subsection (k)(6)’’ for ‘‘subsection (g)(6) of
this section’’.
Subsec. (n). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (t). Pub. L. 110–246, § 4115(b)(1)(J), inserted
‘‘, including point of sale devices,’’ after ‘‘other means
of access’’.
Subsec. (u)(1). Pub. L. 110–246, § 4115(b)(1)(K), struck
out ‘‘(as defined in subsection (g) of this section)’’ after
‘‘foods’’ in introductory provisions.
Subsec. (v). Pub. L. 110–246, § 4115(b)(1)(L), added subsec. (v).
2004—Subsec. (o)(4). Pub. L. 108–199 inserted before period at end ‘‘, and except that on October 1, 2003, in the
case of households residing in Alaska and Hawaii the
Secretary may not reduce the cost of such diet in effect
on September 30, 2002’’.
2002—Subsec. (c). Pub. L. 107–171, § 4115(b)(1), inserted
at end ‘‘The limits specified in this subsection may be
extended until the end of any transitional benefit period established under section 2020(s) of this title.’’
Subsec. (i)(1). Pub. L. 107–171, § 4112(b)(1)(A), (B), designated first sentence as par. (1) and redesignated
former pars. (1) and (2) as subpars. (A) and (B) of par.
(1), respectively.
Subsec. (i)(2). Pub. L. 107–171, § 4112(b)(1)(C), designated second sentence as par. (2). Former par. (2) redesignated subpar. (B) of par. (1).
Subsec. (i)(3). Pub. L. 107–171, § 4112(b)(1)(D), (E), designated third sentence as par. (3) and substituted ‘‘Notwithstanding paragraphs (1) and (2)’’ for ‘‘Notwithstanding the preceding sentences’’.
Subsec. (i)(4). Pub. L. 107–171, § 4112(b)(1)(F), designated fourth sentence as par. (4).

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Subsec. (i)(5). Pub. L. 107–171, § 4112(b)(1)(G), (H), designated fifth sentence as par. (5), substituted ‘‘For the
purposes of this subsection, the following persons shall
not be considered to be residents of institutions and
shall be considered to be individual households:’’ for
‘‘For the purposes of this subsection,’’, restructured the
remainder of that sentence into five sentences and designated them as subpars. (A) to (E) respectively, and
struck out ‘‘shall not be considered residents of institutions and shall be considered individual households’’ at
end.
1996—Subsec. (c). Pub. L. 104–193, § 801, substituted
second and third sentences containing provisions relating to limits on certification period and requirement of
yearly contact with household for provisions setting
limits to certification period for households required to
submit periodic reports, households whose members all
receive federal assistance grant, households of unemployable, elderly or primarily self-employed individuals, and all other households, and allowing waivers.
Subsec. (d). Pub. L. 104–193, § 802, substituted ‘‘type of
certificate, authorization card, cash or check issued in
lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification
number,’’ for ‘‘or type of certificate’’.
Subsec. (i). Pub. L. 104–193, § 803, in second sentence,
struck out ‘‘(who are not themselves parents living
with their children or married and living with their
spouses)’’ after ‘‘age or younger’’.
Subsec. (o). Pub. L. 104–193, § 804, in second sentence,
substituted ‘‘the Secretary shall—’’ for ‘‘the Secretary
shall’’, realigned margins of pars. (1) to (3), substituted
semicolon for comma at end of pars. (1) and (2) and
‘‘; and’’ for comma at end of par. (3), added par. (4), and
struck out former pars. (4) to (11) which authorized adjustment of cost of thrifty food plan diet to reflect
changes in cost of food constituting diet for period
from Jan. 1, 1980, to Oct. 1, 1990, and each Oct. 1 thereafter, and prohibited Secretary from reducing cost of
such diet on Oct. 1, 1992, and, in case of households residing in Alaska, on Oct. 1, 1994.
Subsec. (s)(2)(C). Pub. L. 104–193, § 805, inserted ‘‘for
not more than 90 days’’ after ‘‘temporary accommodation’’.
1994—Subsec. (c). Pub. L. 103–225, § 101(b)(1), substituted ‘‘Except as provided in section 2015(c)(1)(C) of
this title, for’’ for ‘‘For’’.
Subsec. (k). Pub. L. 103–225, § 201(1), realigned margins
of pars. (1) to (4), substituted semicolon for comma at
end of pars. (2) and (3), and substituted ‘‘means—’’ for
‘‘means’’ and par. (1) for former par. (1) which read as
follows: ‘‘an establishment or recognized department
thereof or house-to-house trade route, over 50 per centum of whose food sales volume, as determined by visual inspection, sales records, purchase records, or other
inventory or accounting recordkeeping methods that
are customary or reasonable in the retail food industry,
consists of staple food items for home preparation and
consumption, such as meat, poultry, fish, bread, cereals, vegetables, fruits, dairy products, and the like, but
not including accessory food items, such as coffee, tea,
cocoa, carbonated and uncarbonated drinks, candy,
condiments, and spices,’’.
Subsec. (o)(11). Pub. L. 103–354 inserted ‘‘and (in the
case of households residing in Alaska) on October 1,
1994,’’ after ‘‘1992,’’.
Subsec. (u). Pub. L. 103–225, § 201(2), added subsec. (u).
1993—Subsec. (g)(5). Pub. L. 103–66, § 13932(2), inserted
‘‘, and their children,’’ after ‘‘or alcoholics’’.
Subsec. (i). Pub. L. 103–66, § 13932(1), in last sentence
inserted ‘‘, together with their children,’’ after ‘‘narcotics addicts or alcoholics’’.
Pub. L. 103–66, § 13931, in first sentence, substituted
‘‘or (2) a group of individuals’’ for ‘‘(2) a group of individuals’’ and substituted a period for ‘‘, ’’ after end of
cl. (2), inserted ‘‘Spouses who live together, parents and
their children 21 years of age or younger (who are not
themselves parents living with their children or married and living with their spouses) who live together,
and children (excluding foster children) under 18 years

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TITLE 7—AGRICULTURE

of age who live with and are under the parental control
of a person other than their parent together with the
person exercising parental control’’ before ‘‘shall be
treated as a group of individuals’’ to create new second
sentence and struck out ‘‘, unless one of the parents, or
siblings, is an elderly or disabled member’’ after ‘‘if
they do not do so’’, and in next sentence substituted
‘‘Notwithstanding the preceding sentences’’ for ‘‘Notwithstanding clause (1) of the preceding sentence’’.
1992—Subsec. (o)(11). Pub. L. 102–351 inserted before
period at end ‘‘, except that on October 1, 1992, the Secretary may not reduce the cost of such diet’’.
1991—Subsecs. (g)(7), (i). Pub. L. 102–237, § 901, inserted
‘‘, or are individuals described in paragraphs (2)
through (7) of subsection (r),’’ after ‘‘title I, II, X, XIV,
or XVI of the Social Security Act’’.
Subsec. (j). Pub. L. 102–237, § 941(1)(A), made technical
amendment to reference to subsection (p) of this section involving corresponding provision of original act.
Subsec. (o)(6). Pub. L. 102–237, § 941(1)(B), substituted
‘‘percent’’ for ‘‘per centun’’ [sic].
Subsec. (r)(6)(A). Pub. L. 102–83 substituted ‘‘section
1314 of title 38’’ for ‘‘section 414 of title 38’’.
Subsecs. (t), (u). Pub. L. 102–237, § 941(1)(C), redesignated subsec. (u) as (t).
1990—Subsec. (g)(3). Pub. L. 101–624, § 1712(a)(1), substituted ‘‘or disability or blindness payments under
title I, II, X, XIV, or XVI’’ for ‘‘under title XVI’’.
Subsec. (g)(7). Pub. L. 101–624, § 1712(a)(2), substituted
‘‘title I, II, X, XIV, or XVI’’ for ‘‘title II or title XVI’’,
and inserted ‘‘or under standards determined by the
Secretary to be comparable to standards implemented
by appropriate State agencies under such section’’.
Subsec. (g)(9). Pub. L. 101–624, § 1713(a), substituted
‘‘individuals and by private establishments that contract with the appropriate agency of the State to offer
meals for such individuals at concessional prices’’ for
‘‘individuals and by a public or private nonprofit shelter (approved by an appropriate State or local agency)
in which such households temporarily reside (except
that such establishments and shelters may only request voluntary use of food stamps by such individuals
and may not request such households to pay more than
the average cost of the food contained in a meal served
by the establishment or shelter).’’
Subsec. (i). Pub. L. 101–624, § 1712(b), substituted ‘‘title
I, II, X, XIV, or XVI’’ for ‘‘title II or title XVI’’, and inserted ‘‘or under standards determined by the Secretary to be comparable to standards implemented by
appropriate State agencies under such section’’.
Subsec. (u). Pub. L. 101–624, § 1747(b), added subsec.
(u).
1988—Subsec. (o). Pub. L. 100–435, § 120, inserted
‘‘through October 1, 1987’’ in cl. (8) and substituted cls.
(9) to (11) for proviso that periods upon which adjustments are based would be subject to revision by Act of
Congress.
Subsec. (r)(2). Pub. L. 100–435, § 350, amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘receives supplemental security income benefits under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.), federally or State administered supplemental
benefits of the type described in section 1616(a) of the
Social Security Act if the Secretary determines that
such benefits are conditioned on meeting the disability
or blindness criteria used under title XVI of the Social
Security Act, or federally or State administered supplemental benefits of the type described in section
212(a) of Public Law 93–66 (42 U.S.C. 1382 note);’’.
1987—Subsec. (i). Pub. L. 100–77, § 802(a), substituted
‘‘(2)’’ for ‘‘or (2)’’, inserted cl. (3), and inserted ‘‘(other
than as provided in clause (3))’’ after ‘‘except that’’.
Subsec. (s). Pub. L. 100–77, § 801, added subsec. (s).
1986—Subsec. (g). Pub. L. 99–570, § 11002(a), substituted
‘‘(8), and (9)’’ for ‘‘and (8)’’ in cl. (1) and added cl. (9).
Subsec. (i). Pub. L. 99–570, § 11002(b), inserted ‘‘residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have
no fixed mailing addresses, who are otherwise eligible
for coupons,’’.

§ 2012

Subsec. (k). Pub. L. 99–570, § 11002(c), substituted ‘‘(8),
and (9)’’ for ‘‘and (8)’’.
1985—Subsec. (f). Pub. L. 99–198, § 1501(a)(1), substituted ‘‘, or a publicly operated community mental
health center, under part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x et seq.) to provide’’
for ‘‘which is certified by the State agency or agencies
designated by the Governor as responsible for the administration of the State’s programs for alcoholics and
drug addicts pursuant to Public Law 91–616 (Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970) and Public
Law 92–255 (Drug Abuse Prevention, Treatment, and
Rehabilitation Act) as providing’’.
Subsec. (i). Pub. L. 99–198, § 1501(a)(2), inserted ‘‘, or a
publicly operated community mental health center,’’
after ‘‘private nonprofit institution’’ in last sentence.
Subsec. (k). Pub. L. 99–198, § 1502, inserted ‘‘, as determined by visual inspection, sales records, purchase
records, or other inventory or accounting recordkeeping methods that are customary or reasonable in
the retail food industry,’’ in cl. (1).
Subsec. (o). Pub. L. 99–198, § 1503, substituted ‘‘fifty’’
for ‘‘fifty-four’’.
Subsec. (r)(2). Pub. L. 99–198, § 1504(1), inserted
‘‘, federally or State administered supplemental benefits of the type described in section 1616(a) of the Social
Security Act [42 U.S.C. 1382e(a)] if the Secretary determines that such benefits are conditioned on meeting
the disability or blindness criteria used under title XVI
of the Social Security Act, or federally or State administered supplemental benefits of the type described in
section 212(a) of Public Law 93–66 (42 U.S.C. 1382 note)’’.
Subsec. (r)(3). Pub. L. 99–198, § 1504(2), inserted ‘‘or receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act
(42 U.S.C. 421(i))’’.
Subsec. (r)(4)(A). Pub. L. 99–198, § 1504(3), inserted ‘‘or
non-service-connected’’ after ‘‘service-connected’’.
Subsec. (r)(7). Pub. L. 99–198, § 1504(4)–(6), added par.
(7).
1983—Subsec. (c). Pub. L. 98–204, § 3(1), substituted
‘‘the foregoing limits on the certification period may,
with the approval of the Secretary, be waived by a
State agency for certain categories of households where
such waiver will improve the administration of the program’’ for ‘‘the limit of twelve months may be waived
by the Secretary to improve the administration of the
program’’ in provisions preceding par. (1).
Subsec. (c)(2). Pub. L. 98–204, § 3(2), inserted provision
that ‘‘The maximum limit of twelve months for such
period under the foregoing proviso may be waived by
the Secretary where such waiver will improve the administration of the program.’’
1982—Subsec. (i). Pub. L. 97–253, §§ 142, 145(b), substituted ‘‘except that parents and children, or siblings,
who live together shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so,
unless one of the parents, or siblings, is an elderly or
disabled member’’ for ‘‘except that parents and children who live together shall be treated as a group of individuals who customarily purchase and prepare meals
together for home consumption even if they do not do
so, unless one of the parents is sixty years of age or
older, or receives supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV,
or XVI of the Social Security Act’’, and inserted provision that notwithstanding cl. (1) of the preceding sentence, an individual who lives with others, who is sixty
years of age or older, and who is unable to purchase
food and prepare meals because such individual suffers,
as certified by a licensed physician, from a disability
which would be considered a permanent disability
under section 221(i) of the Social Security Act (42
U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with

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TITLE 7—AGRICULTURE

any of the others who is the spouse of such individual,
an individual household, without regard to the purchase of food and preparation of meals, if the income
(as determined under section 2014(d) of this title) of the
others, excluding the spouse, does not exceed the poverty line, as described in section 2014(c)(1) of this title,
by more than 65 per centum.
Subsec. (o)(1). Pub. L. 97–253, § 143(a)(1), substituted
‘‘adjustments (based on the unrounded cost of such
diet)’’ for ‘‘adjustments’’.
Subsec. (o)(6). Pub. L. 97–253, §§ 143(a)(2), 144, substituted provisions requiring the Secretary, on Oct. 1,
1982, to adjust the cost of the diet to reflect changes in
the cost of the thrifty food plan for the twenty-one
months ending June 30, 1982, reduce the cost of such
diet by one per centum, and round the result to the
nearest lower dollar increment for each household size
for former provision requiring the Secretary, on Oct. 1,
1982, to adjust the cost of such diet to the nearest dollar increment to reflect the changes in the cost of the
thrifty food plan for the twenty-one months ending on
June 30, 1982.
Subsec. (o)(7). Pub. L. 97–253, §§ 143(a)(2), 144, substituted provisions requiring the Secretary, on Oct. 1,
1983, and Oct. 1, 1984, to adjust the cost of the diet to
reflect changes in the cost of the thrifty food plan for
the twelve months ending the preceding June 30, reduce
the cost of such diet by one per centum, and round the
result to the nearest lower dollar increment for each
household size for former provision requiring the Secretary, on Oct. 1, 1983, and each Oct. 1 thereafter, to adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food
plan for the twelve months ending the preceding June
30.
Subsec. (o)(8). Pub. L. 97–253, §§ 143(a)(2), 144, added
and amended par. (8).
Subsec. (r). Pub. L. 97–253, § 145(a), added subsec. (r).
1981—Subsec. (c). Pub. L. 97–35, § 108(a), inserted provisions respecting waiver of twelve-month period for
improvement of program.
Subsec. (i). Pub. L. 97–98, § 1302, inserted provision relating to supplemental security income benefits under
title XVI of the Social Security Act or disability or
blindness payments under title I, II, X, XIV, or XVI of
the Social Security Act.
Pub. L. 97–35, §§ 101, 102, inserted provisions relating
to treatment as a group of parents and children who
live together, and restructured provisions respecting
living with others and paying compensation for meals.
Subsec. (m). Pub. L. 97–35, § 116(a)(1), struck out reference to Puerto Rico.
Subsec. (o). Pub. L. 97–98, §§ 1303, 1304, substituted in
cl. (2) ‘‘Hawaii and the urban and rural parts of Alaska
to reflect the cost of food in Hawaii and urban and
rural Alaska’’ for ‘‘Alaska and Hawaii to reflect the
cost of food in those States’’, in cl. (6) provision that on
Oct. 1, 1982, the Secretary adjust the cost of such diet
to reflect changes for the twenty-one months ending
the preceding June 30, 1982, for provision that on Apr.
1, 1982, the Secretary adjust the cost of such diet to reflect changes for the fifteen months ending the preceding Dec. 31, in cl. (7) provision that on Oct. 1, 1983,
and each Oct. 1 thereafter, the Secretary adjust the
cost of such diet to reflect changes for the twelve
months ending the preceding June 30, for provision that
on July 1, 1983, the Secretary adjust the cost of such
diet to reflect changes for the fifteen months ending
the preceding Mar. 31, struck out cl. (8) which provided
that on Oct. 1, 1984, the Secretary adjust the cost of
such diet to reflect changes for the fifteen months ending the preceding June 30, and struck out cl. (9) which
provided that on Oct. 1, 1985, and each Oct. 1 thereafter,
the Secretary adjust the cost of such diet to reflect
changes for the twelve months ending the preceding
June 30, and, as of every Jan. 1 thereafter, for the nine
months ending the preceding Sept. 30 and the subsequent three months ending Dec. 31 as projected by the
Secretary in light of the best available data, and inserted provision that the periods upon which adjust-

Page 1238

ments are based be subject to revision by Act of Congress.
Pub. L. 97–35, §§ 103, 116(a)(1) struck out applicability
to Puerto Rico in clause (3), substituted provisions respecting adjustments on Apr. 1, 1982, for provisions respecting adjustments on Jan. 1, 1982, in cl. (6), and
added cls. (7) to (9).
1980—Subsec. (c). Pub. L. 96–249, § 111, inserted provisions requiring that for those households that are required to submit periodic reports under section
2015(c)(1) of this title, the certification period be at
least six months but no longer than twelve months.
Subsec. (f). Pub. L. 96–181 substituted ‘‘Drug Abuse
Prevention, Treatment, and Rehabilitation Act’’ for
‘‘Drug Abuse Office and Treatment Act of 1972’’.
Subsec. (g). Pub. L. 96–249, § 101(a)(1)–(3), substituted
‘‘(7), and (8)’’ for ‘‘and (7)’’ in cl. (1) and added cl. (8).
Subsec. (i). Pub. L. 96–249, § 101(a)(4), inserted ‘‘temporary residents of public or private nonprofit shelters
for battered women and children,’’ after ‘‘section
1616(e) of the Social Security Act,’’.
Subsec. (k)(2). Pub. L. 96–249, § 101(a)(5), substituted
‘‘(7), and (8)’’ for ‘‘and (7)’’.
Subsec. (o). Pub. L. 96–249, § 135, inserted ‘‘through
January 1, 1980,’’ before ‘‘adjust the cost’’ in cl. (4) and
added cls. (5) and (6).
1979—Subsec. (g). Pub. L. 96–58, § 7(1)–(3), substituted
‘‘clauses (3), (4), (5), and (7)’’ for ‘‘clauses (3), (4), and
(5)’’ and added cl. (7) relating to disabled or blind recipients of benefits who are residents in certain public
or private nonprofit group living arrangements.
Subsec. (i). Pub. L. 96–58, § 7(4), (5), inserted provisions
relating to disabled or blind recipients of benefits who
are residents in certain public or private nonprofit
group living arrangements and inserted provisions that
all residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits, and narcotic addicts or alcoholics who live under the supervision of a private nonprofit institution for the purpose
of regular participation in a drug or alcoholic treatment program be considered individual households.
Subsec. (k). Pub. L. 96–58, § 7(6), inserted reference to
group living arrangements referred to in subsec. (g)(7)
of this section in cl. (2).
Subsec. (q). Pub. L. 96–58, § 3, added subsec. (q).
1977—Pub. L. 95–113 redefined terms ‘‘Secretary’’,
‘‘food’’, ‘‘coupon’’, ‘‘household’’, ‘‘retail food store’’,
‘‘State agency’’, ‘‘State’’, ‘‘food stamp program’’, and
‘‘drug addiction or alcoholic treatment and rehabilitation program’’ and changed designations of those
terms, as thus redefined, from subsecs. (a), (b), (c), (e),
(f), (h), (j), (k), and (n), respectively, to (l), (g), (d), (i),
(k), (n), (m), (h), and (f), substituted definitions of ‘‘allotment’’, ‘‘authorization card’’, and ‘‘coupon issuer’’
for ‘‘coupon allotment’’, ‘‘authorization to purchase
card’’, and ‘‘coupon vendor’’, respectively, and changed
designations of those terms as thus substituted from
subsecs. (d), (m), and (o), respectively, to (a), (b), and
(e), struck out definitions of ‘‘wholesale food concern’’,
‘‘bank’’, and ‘‘elderly person’’ which had been set out,
respectively, in subsecs. (g), (i), and (l), and inserted
definitions of ‘‘certification period’’, ‘‘reservation’’,
‘‘thrifty food plan’’, and ‘‘tribal organization’’ in subsecs. (c), (j), (o), and (p), respectively.
1976—Subsec. (o). Pub. L. 94–339 added subsec. (o).
1973—Subsec. (b). Pub. L. 93–86, § 3(l), substituted
‘‘home’’ for ‘‘human’’ and substituted provisions including in definition of ‘‘food’’ seeds and plants for use
in gardens to produce food for the personal consumption of the eligible household, for provisions excluding
from such definition foods identified on the package as
imported and imported meat and meat products.
Subsec. (e). Pub. L. 93–125 substituted ‘‘foregoing’’ for
‘‘foreoging’’.
Pub. L. 93–86, § 3(a), (b), (p), inserted provision of cl.
(3) relating to inclusion of narcotic addict or alcoholic
within definition of ‘‘household’’ and provision relating
to residents of federally subsidized housing for the elderly, and substituted provisions relating to the treatment of individuals receiving supplemental security in-

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TITLE 7—AGRICULTURE

come benefits under subchapter XVI of chapter 7 of
title 42, for provisions relating to the treatment of persons eligible to receive supplemental security income
benefits under subchapter XVI of chapter 7 of title 42.
Subsec. (f). Pub. L. 93–86, § 3(o), inserted references to
nonprofit institution and section 2019(i) of this title.
Subsec. (n). Pub. L. 93–86, § 3(c), added subsec. (n).
1972—Subsec. (e). Pub. L. 92–603, § 411(a), inserted provision that persons eligible or would be eligible to receive supplemental security income benefits under sections 1381 to 1383c of Title 42, may not be considered as
members of a household or elderly persons under this
chapter.
Subsec. (h). Pub. L. 92–603, § 411(b), substituted provisions defining State agency as the agency designated
by the Secretary for carrying out this chapter in such
state, for provisions defining it as the agency having
the responsibility for the administration of the federally aided public assistance program.
1971—Subsec. (e). Pub. L. 91–671, § 2(a), substituted in
definition of ‘‘household’’, ‘‘related individuals (including legally adopted children and legally assigned foster
children) or non-related individuals over age 60 who are
not residents’’ for ‘‘related or non-related individuals,
who are not residents’’, designated existing provisions
as cl. (1), and added cl. (2).
Subsec. (f). Pub. L. 91–671, § 2(b), included in definition
of ‘‘retail food store’’ a political subdivision or a private nonprofit organization that meets requirements of
section 2019(h) of this title.
Subsec. (j). Pub. L. 91–671, § 2(c), included in definition
of ‘‘State’’ Guam, Puerto Rico, and the Virgin Islands.
Subsec. (l). Pub. L. 91–671, § 2(d), added subsec. (l).
Subsec. (m). Pub. L. 91–671, § 2(e), added subsec. (m).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 110–234, title IV, § 4002(c), May 22, 2008, 122
Stat. 1098, and Pub. L. 110–246, § 4(a), title IV, § 4002(c),
June 18, 2008, 122 Stat. 1664, 1859, provided that: ‘‘Any
reference in any Federal, State, tribal, or local law (including regulations) to the ‘food stamp program’ established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) shall be considered to be a reference
to the ‘supplemental nutrition assistance program’ established under that Act.’’
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701
of this title.]
Pub. L. 110–234, title IV, § 4115(d), May 22, 2008, 122
Stat. 1110, and Pub. L. 110–246, § 4(a), title IV, § 4115(d),
June 18, 2008, 122 Stat. 1664, 1871, provided that: ‘‘Any
reference in any Federal, State, tribal, or local law (including regulations) to a ‘coupon’, ‘authorization card’,
or other access device provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall be considered to be a reference to a ‘benefit’ provided under that
Act.’’
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701
of this title.]
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b) and 4115(b)(1) of Pub.
L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as a note under section 1161 of Title
2, The Congress.

§ 2012

subsection (a) [amending this section] shall be effective
beginning on September 30, 2003.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L.
107–171, set out as an Effective Date note under section
1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–354, title III, § 303(b), Oct. 13, 1994, 108 Stat.
3239, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective beginning on September 30, 1994.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Sept. 1, 1994, see section
13971(b)(4) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–624, title XVII, § 1781, Nov. 28, 1990, 104
Stat. 3817, provided that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
subsection (b) and other provisions of this title, this
title [see Short Title of 1990 Amendment note set out
under section 2011 of this title] and the amendments
made by this title shall become effective and implemented the 1st day of the month beginning 120 days
after the publication of implementing regulations.
Such regulations shall be promulgated not later than
October 1, 1991.
‘‘(b) SPECIAL EFFECTIVE DATES.—
‘‘(1) OCTOBER 1, 1990.—The amendments made by sections 1721, 1730, 1750, 1754, 1760(1)(A), 1761, 1762, 1771(a),
1771(d), 1772(c), 1772(f), 1772(g), and 1776 [amending sections 2014, 2017, 2025 to 2028, 3175, and 3175e of this
title and provisions set out as notes under section
612c of this title] shall be effective on October 1, 1990.
‘‘(2) DATE OF ENACTMENT.—The amendments made
by sections 1718, 1729, 1731, 1739, 1742, 1746, 1747, 1748,
1749, 1751, 1753, 1755, 1756, 1757, 1758, 1759, 1760(1)(B) and
(2), 1763, 1771(b), 1771(c), 1772(a), 1772(b), 1772(d),
1772(h), 1773, 1774(a)(1), 1774(b), 1774(c), 1775(a), 1775(b),
1777, 1778, and 1779 [enacting section 2032 of this title,
amending this section, sections 1431, 1431e, 2014, 2016,
2020, 2022, and 2024 to 2027 of this title and section 9904
of Title 42, The Public Health and Welfare, enacting
provisions set out as notes under sections 2011, 2020,
and 2025 of this title and section 1751 of Title 42, and
amending provisions set out as notes under section
612c of this title] shall become effective on the date
of enactment of this Act [Nov. 28, 1990].
‘‘(3) APRIL 1, 1991.—The amendments made by sections 1716, 1722, and 1736(2) [amending sections 2014
and 2020 of this title] shall become effective and implemented the 1st day of the month beginning 120
days after the promulgation of implementing regulations. Such regulations shall be promulgated not
later than April 1, 1991.
‘‘(4) CATEGORICAL ELIGIBILITY.—The amendment
made by section 1714(2) [amending section 2014 of this
title] shall become effective and implemented the 1st
day of the month beginning 120 days after the promulgation of implementing regulations. Such regulations shall be promulgated—
‘‘(A) in the case of a State general assistance program, not later than October 1, 1991; and
‘‘(B) in the case of a local general assistance program, not later than April 1, 1992.’’

EFFECTIVE DATE OF 2004 AMENDMENT

EFFECTIVE DATE OF 1988 AMENDMENT

Pub. L. 108–199, div. A, title VII, § 771(b), Jan. 23, 2004,
118 Stat. 40, provided that: ‘‘The amendment made by

Pub. L. 100–435, title VII, § 701, Sept. 19, 1988, 102 Stat.
1677, as amended by Pub. L. 100–619, § 1, Nov. 5, 1988, 102

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Stat. 3198; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B),
(2)(A), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110–246,
§ 4(a), title IV, § 4002(b)(1)(A), (B), (2)(A), June 18, 2008,
122 Stat. 1664, 1857, 1858, provided that:
‘‘(a) IN GENERAL.—Except as otherwise provided for in
section 503 [set out as a note under section 1766 of Title
42, The Public Health and Welfare] and in subsection (b)
of this section, this Act and the amendments made by
this Act [amending sections 2012, 2014 to 2017, 2020 to
2023, 2025, and 2026 of this title, section 713a–14 of Title
15, Commerce and Trade, and sections 1761, 1766, 1773,
and 1786 of Title 42, enacting provisions set out as notes
under sections 612c and 2011 of this title and sections
1766 and 1786 of Title 42, and amending provisions set
out as notes under sections 612c, 1731, and 2012 of this
title] shall become effective and be implemented on October 1, 1988.
‘‘(b) SPECIAL RULES.—
‘‘(1) The amendments made by sections 101, 103, 301,
321(c), 343, and 401 [amending sections 2014 and 2025 of
this title and amending provisions set out as a note
under section 612c of this title] shall become effective
and be implemented on the date of enactment of this
Act [Sept. 19, 1988].
‘‘(2) The amendments made by section 402 [amending section 2014 of this title] shall become effective
and be implemented on January 1, 1989.
‘‘(3)(A) The amendments made by section 203(a)
[amending section 2017 of this title] shall become effective on January 1, 1989, and the States shall implement such section by January 1, 1990.
‘‘(B) The amendments made by section 203(b)
[amending section 2016 of this title] shall become effective on January 1, 1989, except with regards to
those States not implementing section 203(a).
‘‘(4) The amendments made by sections 204, 210, 211,
subsections (a)(1), (c), and (e) of section 404, sections
310 through 343, and sections 345 through 352 [amending sections 2012, 2014, 2015, 2020, and 2025 of this title
and sections 1766 and 1773 of Title 42] shall become effective and implemented on July 1, 1989.
‘‘(5) The amendments made by title VI [amending
sections 2022, 2023, and 2025 of this title] shall be effective as follows:
‘‘(A) Except as provided in subparagraph (D), the
provisions of section 16(c) of the Food and Nutrition
Act of 2008, as amended by section 604 [section
2025(c) of this title], shall become effective on October 1, 1985, with respect to claims under section
16(c) for quality control review periods after such
date, except that—
‘‘(i) the provisions of section 16(c)(1)(A), as
amended, shall become effective on October 1,
1988, with respect to payment error rates for quality control review periods after such date; and
‘‘(ii) the provisions of section 16(c)(3), as amended, shall become effective on October 1, 1988, with
respect to payment error rates for quality control
review periods after such date.
‘‘(B) The amendments made by sections 601 and
602 [amending section 2022 of this title] shall become effective on October 1, 1985, with respect to
claims under section 16(c) for quality control review periods after such date.
‘‘(C) Except as provided in subparagraph (D), the
amendments made to section 14 of the Food and Nutrition Act of 2008 [section 2023 of this title] by section 603 shall become effective on October 1, 1985,
with respect to claims under section 16(c) for quality control review periods after such date.
‘‘(D)(i) The provisions of sections 13, 14, and 16 of
the Food and Nutrition Act of 2008 [sections 2022,
2023, and 2025 of this title] that relate to claims
against State agencies and that were in effect for
any quality control review period or periods
through fiscal year 1985 shall remain in effect for
claims arising with respect to such period or periods.
‘‘(ii) The provisions of sections 14 and 16(c) of the
Food and Nutrition Act of 2008 that relate to en-

Page 1240

hanced administrative funding for State agencies
and that were in effect for any quality control review period or periods through fiscal year 1988 shall
remain in effect for such funding with respect to
such period or periods.
‘‘(c) SEQUESTRATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, if a final order is issued for fiscal year
1989 under section 252(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
902(b)), the amount made available to carry out the
supplemental nutrition assistance program under section 18 of the Food and Nutrition Act of 2008 (7 U.S.C.
2027) shall be reduced by an amount equal to
$110,000,000 multiplied by the amount of the percentage reduction for domestic programs required under
such order. The reduction required by the preceding
sentence shall be achieved by reducing the amount of
the adjustment to the cost of the thrifty food plan for
fiscal year 1989 under [former] section 3(o)(9) of the
Food and Nutrition Act of 2008 (as added by section
120 of this Act) [former section 2012(o)(9) of this title].
‘‘(2) EFFECTIVE DATES IF SEQUESTRATION OCCURS.—
Notwithstanding subsections (a) and (b), if a final
order is issued under section 252(b) of the Emergency
Deficit Control Act of 1985 (2 U.S.C. 902(b)) for fiscal
year 1989 to make reductions and sequestrations specified in the report required under section 251(a)(3)(A)
of such Act [2 U.S.C. 901(a)(3)(A)], sections 111, 201,
204, 310, 311, 321, 322, 323, 341, 342, 350, 351, 352, 402, 403,
404, 502, 504, and 505 [amending sections 2012, 2014,
2015, 2020, 2025, and 2026 of this title and enacting provisions set out as notes under section 612c of this
title] shall become effective and be implemented on
October 1, 1989.’’
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–77, title VIII, § 802(b), July 22, 1987, 101
Stat. 534, provided that: ‘‘The amendments made by
this section [amending this section] shall become effective on October 1, 1987.’’
EFFECTIVE AND TERMINATION DATES OF 1986
AMENDMENT
Pub. L. 99–570, title XI, § 11002(f), Oct. 27, 1986, 100
Stat. 3207–168, as amended by Pub. L. 100–435, title II,
§ 205, Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101–624, title
XVII, § 1713(b), Nov. 28, 1990, 104 Stat. 3783; Pub. L.
102–237, title IX, § 913, Dec. 13, 1991, 105 Stat. 1887, provided that:
‘‘(1) The amendments made by this section [amending
this section and sections 2018 and 2019 of this title]
shall become effective, and be implemented by issuance
of final regulations, not later than April 1, 1987.
‘‘(2) Not later than September 30, 1988, the Secretary
of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that evaluates the program established
by the amendments made by this section, including any
proposed legislative recommendations.
‘‘(3) The amendments made by this section, except
those amendments made by subsections (a), (b), and (c)
[amending this section], shall cease to be effective after
September 30, 1990.’’
[Amendment by Pub. L. 102–237 to section 11002(f) of
Pub. L. 99–570, set out above, effective Oct. 1, 1990, and
not applicable with respect to any period occurring before such date, see section 1101(d)(5) of Pub. L. 102–237,
set out as an Effective Date of 1991 Amendment note
under section 1421 of this title.]
[Pub. L. 101–624, title XVII, § 1713(b), Nov. 28, 1990, 104
Stat. 3783, provided that the amendment made by section 1713(b) to section 11002(f) of Pub. L. 99–570, set out
above, is effective Sept. 29, 1990.]
EFFECTIVE DATE OF 1982 AMENDMENT
Pub. L. 97–253, title I, § 193, Sept. 8, 1982, 96 Stat. 789,
provided that:

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‘‘(a) Except as provided in subsection (b), this subtitle
[subtitle E (§§ 140–193) of title I of Pub. L. 97–253, amending this section and sections 2014, 2015, 2016, 2017, 2018,
2020, 2021, 2022, 2023, 2025, 2026, 2027, 2028, and 2029 of this
title and enacting provisions set out as notes under
this section and sections 1624, 2011, and 2028 of this
title] and the amendments made by this subtitle shall
take effect on the date of the enactment of this subtitle
[Sept. 8, 1982].
‘‘(b) Sections 180 and 188 [amending sections 2020,
2025, 2027, and 2029 of this title] shall take effect on October 1, 1982.’’
EFFECTIVE DATE OF 1981 AMENDMENTS
Pub. L. 97–253, title I, § 192, Sept. 8, 1982, 96 Stat. 788,
provided that:
‘‘(a) Notwithstanding section 117 of the Omnibus
Budget Reconciliation Act of 1981 (7 U.S.C. 2012 note)
[section 117 of Pub. L. 97–35, set out below], the amendments made by sections 101 through 114 of such Act
[amending this section and sections 2014, 2015, 2017, 2020,
2022, and 2025 of this title], other than sections 107(b)
and 108(c) of such Act [amending sections 2014 and 2015
of this title], shall take effect on the earlier of the date
of the enactment of this subtitle [Sept. 8, 1982] or the
date on which such amendments became effective pursuant to section 117 of such Act.
‘‘(b) Notwithstanding section 1338 of the Agriculture
and Food Act of 1981 (7 U.S.C. 2012 note) [section 1338 of
Pub. L. 97–98, set out below], the amendments made by
sections 1302 through 1333 of such Act [enacting section
2029 of this title and amending this section and sections
2014 to 2016, 2018 to 2020, and 2023 to 2027 of this title]
shall take effect on the earlier of the date of the enactment of this subtitle [Sept. 8, 1982] or the date on which
such amendments became effective pursuant to section
1338 of such Act.’’
Pub. L. 97–98, title XIII, § 1338, Dec. 22, 1981, 95 Stat.
1294, provided that: ‘‘Except as otherwise specifically
provided, the amendments made by this title [enacting
sections 2029 and 2270 of this title, amending this section and sections 2014 to 2016, 2018 to 2020, and 2023 to
2027 of this title, and enacting provisions set out as a
note under section 2011 of this title] shall be effective
upon such dates as the Secretary of Agriculture may
prescribe, taking into account the need for orderly implementation.’’
Pub. L. 97–35, title I, § 116(a), Aug. 13, 1981, 95 Stat. 364,
provided that the amendment made by section 116(a) is
effective July 1, 1982.
Pub. L. 97–35, title I, § 117, Aug. 13, 1981, 95 Stat. 366,
provided that: ‘‘Except as otherwise specifically provided, the amendments made by sections 101 through
116 of this Act [amending this section and sections 2014,
2015, 2017, 2020, 2022, and 2025 of this title] shall be effective and implemented upon such dates as the Secretary
of Agriculture may prescribe, taking into account the
need for orderly implementation.’’
EFFECTIVE DATE OF 1979 AMENDMENT
Pub. L. 96–58, § 10, Aug. 14, 1979, 93 Stat. 392, provided
that:
‘‘(a) The provisions of sections 2 and 3 of this Act
[amending this section and sections 2014 of this section]
shall be implemented in all States by January 1, 1980,
and shall not affect the rights or liabilities of the Secretary, States, and applicant or participant households,
under the Food Stamp Act of 1977 [this chapter] in effect on July 1, 1979 [now the Food and Nutrition Act of
2008], until implemented.
‘‘(b) Notwithstanding any other provision of law, the
Secretary of Agriculture shall issue final regulations
implementing the provisions of sections 4 through 6 of
this Act [amending sections 2015 and 2025 of this title]
within one hundred and fifty days after the date of enactment of this Act [Aug. 14, 1979].
‘‘(c) The provisions of sections 7 and 8 of this Act
[amending this section and section 2019 of this title]
shall be implemented in all States by July 1, 1980, and

shall not affect the rights or liabilities of the Secretary, States, and applicant or participating households, under the Food Stamp Act of 1977 [this chapter]
in effect on July 1, 1979 [now the Food and Nutrition
Act of 2008], until implemented.’’
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by that section
is effective Oct. 1, 1977.
Pub. L. 95–113, title XIII, § 1302(b), Sept. 29, 1977, 91
Stat. 979, provided that: ‘‘The amendments made by
this section [repealing section 3(b) of Pub. L. 93–86 as
described in the Repeals note below and amending section 1431 of this title and provisions set out as notes
under sections 612c of this title and 1382e of Title 42,
The Public Health and Welfare] shall be effective October 1, 1977.’’
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment of section 8(a) of Pub. L. 93–233 by section 1(a), (b) of Pub. L. 93–335, effective July 1, 1974, see
section 1(c) of Pub. L. 93–335, set out as a note under
section 1382 of Title 42, The Public Health and Welfare.
See Repeals note below.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–603, title IV, § 411(a), Oct. 30, 1972, 86 Stat.
1491, provided that the amendment made by section
411(a) is effective January 1, 1974.
Pub. L. 92–603, title IV, § 411(h), Oct. 30, 1972, 86 Stat.
1492, provided that: ‘‘Except as otherwise provided in
this section, the amendments made by this section
[amending this section and sections 2019 and 2023 of this
title] shall take effect on January 1, 1973.’’
REPEALS
Pub. L. 93–86, § 3(b), Aug. 10, 1978, 87 Stat. 246, cited as
a credit to this section, was repealed, effective Oct. 1,
1977, by section 1302(a)(1) of Pub. L. 95–113. Section 3(b)
of Pub. L. 93–86 had amended the definition of ‘‘household’’ in 1973 to exclude individuals receiving supplementary security income benefits under title XVI of
the Social Security Act in certain months. For the period beginning Jan. 1, 1974, and ending September 30,
1978, Pub. L. 93–233, § 8(a), Dec. 30, 1973, 87 Stat. 956, as
amended by Pub. L. 93–335, § 1(a), (b), July 8, 1974, 88
Stat. 291; Pub. L. 94–44, § 3, June 28, 1975, 89 Stat. 235;
Pub. L. 94–365, § 2, July 14, 1976, 90 Stat. 990; Pub. L.
95–59, § 3, June 30, 1977, 91 Stat. 255, provided that the
amendment by section 3(b) of Pub. L. 93–86 should not
be effective and that the definition of ‘‘household’’
should read as it did before such amendment but with
the addition of a new sentence to exclude individuals
receiving certain Federal or State supplementary payments under certain circumstances.
REGULATIONS
Pub. L. 113–79, title IV, § 4003(b), Feb. 7, 2014, 128 Stat.
785, provided that:
‘‘(1) ISSUANCE OF RULES.—The Secretary [of Agriculture] shall issue regulations that—
‘‘(A) establish criteria to identify a food purchasing
and delivery service referred to in section 3(p)(5) [now
3(o)(5)] of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(p)(5) [now 2012(o)(5)]); and
‘‘(B) establish procedures to ensure that the service—
‘‘(i) does not charge more for a food item than the
price paid by the service for the food item;
‘‘(ii) offers food delivery service at no or low cost
to households under that Act [7 U.S.C. 2011 et seq.];
‘‘(iii) ensures that benefits provided under the
supplemental nutrition assistance program are used
only to purchase food (as defined in section 3 of
that Act (7 U.S.C. 2012));
‘‘(iv) limits the purchase of food, and the delivery
of the food, to households eligible to receive services described in section 3(p)(5) [now 3(o)(5)] of that
Act (7 U.S.C. 2012(p)(5) [now 2012(o)(5)]);

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‘‘(v) has established adequate safeguards against
fraudulent activities, including unauthorized use of
electronic benefit cards issued under that Act; and
‘‘(vi) meets such other requirements as the Secretary determines to be appropriate.
‘‘(2) LIMITATION.—Before the issuance of rules under
paragraph (1), the Secretary may not approve more
than 20 food purchasing and delivery services referred
to in section 3(p)(5) [now 3(o)(5)] of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5) [now 2012(o)(5)]) to
participate as retail food stores under the supplemental
nutrition assistance program.’’
EXTENSION OF EXISTING SNAP FLEXIBILITIES FOR
COVID–19
Pub. L. 116–159, div. D, title VI, § 4603(a)(1), (2), Oct. 1,
2020, 134 Stat. 745, 746, as amended by Pub. L. 116–260,
div. N, title VII, § 702(g), Dec. 27, 2020, 134 Stat. 2094,
provided that:
‘‘(1) STATE OPTIONS.—
‘‘(A) A State agency (as defined in section 3(s) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2012(s)))
shall have the option, without prior approval from
the Secretary of Agriculture—
‘‘(i) to extend certification periods under section
3(f) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(f)) for not more than 6 months and adjust periodic report requirements under section 6(c)(1)(D)(i)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(c)(1)(D)(i)) for some or all participating households with certification periods set to expire or
periodic reports due on or before June 30, 2021, consistent with the extensions and adjustments provided in the Food and Nutrition Service’s April 22,
2020, blanket approval for extending certification
and adjusting periodic reports, unless otherwise
provided in this subparagraph;
‘‘(ii) to allow household reporting requirements
under section 273.12(a)(5)(iii) of title 7 of the Code of
Federal Regulations to satisfy the recertification
requirements under section 273.14 of title 7 of the
Code of Federal Regulations for some or all participating households with recertification periods set
to expire on or before December 31, 2021; and
‘‘(iii) to adjust the interview requirements under
sections 273.2 and 273.14(b) of title 7 of the Code of
Federal Regulations for some or all household applications or recertifications through June 30, 2021,
consistent with the adjustments provided in the
Food and Nutrition Service’s March 26, 2020, blanket approval for adjusting interview requirements,
unless otherwise provided in this subparagraph.
‘‘(B) Not later than 5 days after exercising an option under subparagraph (A), a State agency shall notify the Secretary of Agriculture in writing of the option exercised, the categories of households affected
by the option, and the duration of such option.
‘‘(2) ADJUSTMENT.—The Secretary of Agriculture shall
allow a State agency to suspend the requirements
under sections 275.11(b)(1) and (2), 275.12, and 275.13 of
title 7 of the Code of Federal Regulations from June 1,
2020, through June 30, 2021, consistent with the waivers
provided in the Food and Nutrition Service’s April 30,
2020, blanket approval for waiver of quality control reviews, unless otherwise provided in this paragraph.’’
CONTINUED ELIGIBILITY
Pub. L. 103–225, title II, § 205, Mar. 25, 1994, 108 Stat.
109, as amended by Pub. L. 110–234, title IV,
§§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), May 22, 2008, 122
Stat. 1095, 1096, 1109; Pub. L. 110–246, § 4(a), title IV,
§§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), June 18, 2008, 122
Stat. 1664, 1857, 1858, 1871, provided that: ‘‘An establishment or house-to-house trade route that is otherwise
authorized to accept and redeem coupons under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on
the day before the date of enactment of this Act [Mar.
25, 1994] shall be considered to meet the definition of
‘retail food store’ in section 3(p) [now 3(o)] of that Act
[now 7 U.S.C. 2012(o)] until the earlier of—

Page 1242

‘‘(1) the periodic reauthorization of the establishment or route; or
‘‘(2) such time as the eligibility of the establishment or route for continued participation in the supplemental nutrition assistance program is evaluated
for any reason.’’
REPORT ON IMPACT ON RETAIL FOOD STORES
Pub. L. 103–225, title II, § 206, Mar. 25, 1994, 108 Stat.
109, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(A), (B), (2)(B), May 22, 2008, 122 Stat. 1095,
1096; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B),
(2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided
that: ‘‘Not later than 18 months after the date of enactment of this Act [Mar. 25, 1994], the Secretary of Agriculture shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the impact of the amendments
made by sections 201 and 202 [amending this section and
section 2018 of this title] on the involvement of retail
food stores in the supplemental nutrition assistance
program established under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.), including a description
of—
‘‘(1) the numbers and types of stores that were
newly authorized to participate in the supplemental
nutrition assistance program after implementation of
the amendments;
‘‘(2) the numbers and types of stores that were
withdrawn from the supplemental nutrition assistance program after implementation of the amendments;
‘‘(3) the procedures used by the Secretary, and the
adequacy of the procedures used, to determine the
eligibility of stores to participate in the supplemental nutrition assistance program and to authorize
and reauthorize the stores to participate in the supplemental nutrition assistance program;
‘‘(4) the adequacy of the guidance provided by the
Secretary to retail food stores concerning—
‘‘(A) the definitions of ‘retail food store’, ‘staple
foods’, ‘eligible foods’, and ‘perishable foods’ for
purposes of the supplemental nutrition assistance
program; and
‘‘(B) eligibility criteria for stores to participate
in the supplemental nutrition assistance program;
and
‘‘(5) an assessment of whether the amendment to
the definition of ‘retail food store’ under section 3(k)
of such Act [subsec. (k) of this section] (as amended
by section 201(1)) has had an adverse effect on the integrity of the supplemental nutrition assistance program.’’
CONTINUING ELIGIBILITY OF CERTAIN RETAIL FOOD
STORES
Pub. L. 103–205, § 2, Dec. 17, 1993, 107 Stat. 2418, as
amended by Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B),
(2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), May 22, 2008, 122
Stat. 1095–1097, 1109; Pub. L. 110–246, § 4(a), title IV,
§§ 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A),
June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870, 1871, provided that: ‘‘Notwithstanding any other provision of
law, during the period beginning on the date of enactment of this Act [Dec. 17, 1993] and ending on March 15,
1994, an establishment or house-to-house trade route
that is otherwise authorized to accept and redeem benefits under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) on the date of enactment of this Act may
not be disqualified from participation in the supplemental nutrition assistance program solely because the
establishment or trade route does not meet the definition of ‘retail food store’ under section 3(p)(1) [now
3(o)(1)] of such Act (7 U.S.C. 2012(k)(1) [now 2012(o)(1)]).’’
PUBLICLY OPERATED COMMUNITY HEALTH CENTERS
Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 734, provided in part: ‘‘That notwithstanding any other provi-

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TITLE 7—AGRICULTURE

sion of law or this joint resolution, the provisions of
subsections (f) and (i) of section 3 and section 10 of the
Food Stamp Act of 1977 [now the Food and Nutrition
Act of 2008], as amended [7 U.S.C. 2012(h), (m) and 2019],
concerning private, nonprofit drug addiction or alcoholic treatment and rehabilitation programs, shall also
be applicable to publicly operated community health
centers’’.
[Reference to community health center, migrant
health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note
under section 254b of Title 42, The Public Health and
Welfare.]
ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RECIPIENTS FOR FOOD STAMPS DURING PRESCRIBED PERIOD BEGINNING JANUARY 1, 1974
Provisions respecting eligibility of supplemental security income recipients for food stamps during prescribed period beginning Jan. 1, 1974, see section 8(c) of
Pub. L. 93–233, Dec. 31, 1974, 87 Stat. 957, set out as a
note under section 1382e of Title 42, The Public Health
and Welfare.

§ 2012a. Publicly operated community health centers
Notwithstanding any other provision of law,
the provisions of subsections (f) and (i) 1 of section 2012 of this title and section 2019 of this
title, concerning private, nonprofit drug addiction or alcohol treatment and rehabilitation
programs, shall henceforth also be applicable to
publicly operated community health centers.
(Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat.
297.)
Editorial Notes
REFERENCES IN TEXT
Subsections (f) and (i) of section 2012 of this title, referred to in text, were redesignated subsecs. (h) and (n),
respectively, by Pub. L. 110–246, title IV, § 4115(b)(1)(M),
June 18, 2008, 122 Stat. 1867. Subsec. (n) was subsequently redesignated (m) by Pub. L. 113–79, title IV,
§ 4030(a)(4), Feb. 7, 2014, 128 Stat. 813.
CODIFICATION
Section was enacted as part of the Supplemental Appropriations Act, 1985, and not as part of the Food and
Nutrition Act of 2008 which comprises this chapter.
Statutory Notes and Related Subsidiaries
REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING,
OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER
Reference to community health center, migrant
health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note
under section 254b of Title 42, The Public Health and
Welfare.

§ 2013. Establishment of supplemental nutrition
assistance program
(a) In general
Subject to the availability of funds appropriated under section 2027 of this title, the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State
1 See

References in Text note below.

§ 2013

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 supplemental nutrition
assistance program if the Secretary determines
that State or local sales taxes are collected
within that State on purchases of food made
with benefits issued under this chapter. The benefits so received by such households shall be
used only to purchase food from retail food
stores which have been approved for participation in the supplemental nutrition assistance
program. Benefits issued and used as provided in
this chapter shall be redeemable at face value by
the Secretary through the facilities of the
Treasury of the United States.
(b) Food distribution program on Indian reservations
(1) In general
Distribution of commodities, with or without the supplemental nutrition assistance program, shall be made whenever a request for
concurrent or separate food program operations, respectively, is made by a tribal organization.
(2) Administration
(A) In general
Subject to subparagraphs (B) and (C), in
the event of distribution on all or part of an
Indian reservation, the appropriate agency
of the State government in the area involved
shall be responsible for the distribution.
(B) Administration by tribal organization
If the Secretary determines that a tribal
organization is capable of effectively and efficiently administering a distribution described in paragraph (1), then the tribal organization shall administer the distribution.
(C) Prohibition
The Secretary shall not approve any plan
for a distribution described in paragraph (1)
that permits any household on any Indian
reservation to participate simultaneously in
the supplemental nutrition assistance program and the program established under this
subsection.
(3) Disqualified participants
An individual who is disqualified from participation in the food distribution program on
Indian reservations under this subsection is
not eligible to participate in the supplemental
nutrition assistance program under this chapter for a period of time to be determined by
the Secretary.
(4) Administrative costs
(A) In general
Subject to subparagraph (B), the Secretary
shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration
of such distribution by a State agency or
tribal organization.
(B) Waiver
The Secretary shall waive up to 100 percent of the non-Federal share of the costs

§ 2013

TITLE 7—AGRICULTURE

described in subparagraph (A) if the Secretary determines that—
(i) the tribal organization is financially
unable to provide a greater non-Federal
share of the costs; or
(ii) providing a greater non-Federal
share of the costs would be a substantial
burden for the tribal organization.
(C) Limitation
The Secretary may not reduce any benefits or services under the food distribution
program on Indian reservations under this
subsection to any tribal organization that is
granted a waiver under subparagraph (B).
(D) Tribal contribution
The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or
other Federal benefit to satisfy all or part of
the non-Federal share of the costs described
in subparagraph (A) if that use is otherwise
consistent with the purpose of the funds.
(5) Bison meat
Subject to the availability of appropriations
to carry out this paragraph, the Secretary
may purchase bison meat for recipients of food
distributed under this subsection, including
bison meat from—
(A) Native American bison producers; and
(B) producer-owned cooperatives of bison
ranchers.
(6) Traditional and locally- and regionallygrown food fund
(A) In general
Subject to the availability of appropriations, the Secretary shall establish a fund
for use in purchasing traditional and locallyand regionally-grown foods for recipients of
food distributed under this subsection.
(B) Native American producers
Where practicable, of the food provided
under subparagraph (A), at least 50 percent
shall be produced by Native American farmers, ranchers, and producers.
(C) Definition of traditional and locally- and
regionally-grown
The Secretary shall determine the definition of the term ‘‘traditional and locallyand regionally-grown’’ with respect to food
distributed under this paragraph.
(D) Purchase of foods
In carrying out this paragraph, the Secretary shall purchase or offer to purchase
those traditional foods that may be procured
cost-effectively.
(E) Authorization of appropriations
There is authorized to be appropriated to
the Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2008 through
2023.
(7) Availability of funds
(A) In general
Funds made available for a fiscal year to
carry out this subsection shall remain avail-

Page 1244

able for obligation for a period of 2 fiscal
years.
(B) Administrative costs
Funds made available for a fiscal year to
carry out paragraph (4) shall remain available for obligation by the State agency or
tribal organization for a period of 2 fiscal
years.
(c) Regulations; transmittal of copy of regulations to Congressional committees prior to
issuance
The Secretary shall issue such regulations
consistent with this chapter as the Secretary
deems necessary or appropriate for the effective
and efficient administration of the supplemental
nutrition assistance program and shall promulgate all such regulations in accordance with the
procedures set forth in section 553 of title 5. In
addition, prior to issuing any regulation, the
Secretary shall provide the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a copy of the regulation with
a detailed statement justifying it.
(Pub. L. 88–525, § 4, Aug. 31, 1964, 78 Stat. 704;
Pub. L. 91–671, § 3, Jan. 11, 1971, 84 Stat. 2049;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 961; Pub. L. 99–198, title XV, §§ 1505(a), 1506,
Dec. 23, 1985, 99 Stat. 1567; Pub. L. 110–234, title
IV, §§ 4001(b), 4002(a)(1), 4111(a), 4115(b)(2), 4211(a),
May 22, 2008, 122 Stat. 1092, 1102, 1106, 1122; Pub.
L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(1),
4111(a), 4115(b)(2), 4211(a), June 18, 2008, 122 Stat.
1664, 1853, 1863, 1867, 1884; Pub. L. 111–296, title II,
§ 241(b)(1), Dec. 13, 2010, 124 Stat. 3236; Pub. L.
113–79, title IV, §§ 4004(a), 4030(b), Feb. 7, 2014, 128
Stat. 785, 814; Pub. L. 115–334, title IV, § 4003(a),
Dec. 20, 2018, 132 Stat. 4624.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (b)(4). Pub. L. 115–334, § 4003(a)(1), added
par. (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘The Secretary is authorized to pay such amounts for administrative costs and
distribution costs on Indian reservations as the Secretary finds necessary for effective administration of
such distribution by a State agency or tribal organization.’’
Subsec. (b)(6). Pub. L. 115–334, § 4003(a)(2)(A), substituted ‘‘locally- and regionally-grown’’ for ‘‘locallygrown’’ in heading.
Subsec. (b)(6)(A). Pub. L. 115–334, § 4003(a)(2)(B), substituted ‘‘locally- and regionally-grown’’ for ‘‘locallygrown’’.
Subsec. (b)(6)(C). Pub. L. 115–334, § 4003(a)(2)(C), substituted ‘‘locally- and regionally-grown’’ for ‘‘locally
grown’’ in heading and text.
Subsec. (b)(6)(D). Pub. L. 115–334, § 4003(a)(2)(D),
amended subpar. (D) generally. Prior to amendment,
text read as follows: ‘‘In carrying out this paragraph,
the Secretary shall—
‘‘(i) survey participants of the food distribution
program on Indian reservations established under
this subsection to determine which traditional foods
are most desired by those participants; and

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TITLE 7—AGRICULTURE

‘‘(ii) purchase or offer to purchase those traditional
foods that may be procured cost-effectively.’’
Subsec. (b)(6)(E), (F). Pub. L. 115–334, § 4003(a)(2)(E),
(F), redesignated subpar. (F) as (E), substituted ‘‘2023’’
for ‘‘2018’’, and struck out former subpar. (E). Prior to
amendment, text of subpar. (E) read as follows: ‘‘Not
later than 1 year after the date of enactment of this
paragraph, and annually thereafter, the Secretary shall
submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the activities carried out under this paragraph during the preceding calendar year.’’
Subsec. (b)(7). Pub. L. 115–334, § 4003(a)(3), added par.
(7).
2014—Subsec. (a). Pub. L. 113–79, § 4030(b), substituted
‘‘Benefits issued and used’’ for ‘‘benefits issued and
used’’.
Subsec. (b)(6)(F). Pub. L. 113–79, § 4004(a), substituted
‘‘2018’’ for ‘‘2012’’.
2010—Subsec. (a). Pub. L. 111–296 struck out ‘‘and,
through an approved State plan, nutrition education’’
after ‘‘issuance to them of an allotment’’ in first sentence.
2008—Pub. L. 110–246, § 4002(a)(1), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp
program’’ in section catchline.
Subsec. (a). Pub. L. 110–246, § 4115(b)(2), substituted
‘‘benefits’’ for ‘‘coupons’’ in two places and ‘‘benefits
issued’’ for ‘‘Coupons issued’’.
Pub. L. 110–246, § 4111(a), inserted ‘‘and, through an
approved State plan, nutrition education’’ after ‘‘an allotment’’ in first sentence.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing.
Subsec. (b). Pub. L. 110–246, § 4211(a), added subsec. (b)
and struck out former subsec. (b) which read as follows:
‘‘Distribution of commodities, with or without the food
stamp program, shall be made whenever a request for
concurrent or separate food program operations, respectively, is made by a tribal organization. In the
event of distribution on all or part of an Indian reservation, the appropriate agency of the State government
in the area involved shall be responsible for such distribution, except that, if the Secretary determines that
the tribal organization is capable of effectively and efficiently administering such distribution, then such
tribal organizations shall administer such distribution:
Provided, That the Secretary shall not approve any plan
for such distribution which permits any household on
any Indian reservation to participate simultaneously in
the food stamp program and the distribution of federally donated foods. The Secretary is authorized to pay
such amounts for administrative costs of such distribution on Indian reservations as the Secretary finds necessary for effective administration of such distribution
by a State agency or tribal organization.’’
Subsec. (c). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
1985—Subsec. (a). Pub. L. 99–198, § 1505(a), inserted
‘‘, except that a State may not participate in the food
stamp program if the Secretary determines that State
or local sales taxes are collected within that State on
purchases of food made with coupons issued under this
chapter’’ at end of first sentence.
Subsec. (b). Pub. L. 99–198, § 1506, struck out first sentence which directed that in jurisdictions where the
food stamp program is in operation, there shall be no
distribution of federally donated foods to households
under the authority of any law, except that distribution may be made (1) on a temporary basis under programs authorized by law to meet disaster relief needs,
or (2) for the purpose of the commodity supplemental
food program, and struck out ‘‘also’’ after ‘‘shall’’ in
second sentence.
1977—Subsec. (a). Pub. L. 95–113 made establishment
of food stamp program subject to availability of funds
appropriated under section 2027 of this title.

§ 2013

Subsec. (b). Pub. L. 95–113 inserted provisions relating
to requests by tribal organizations.
Subsec. (c). Pub. L. 95–113 inserted provisions relating
to transmittal of regulations and accompanying statement of justification to Congressional committees.
1971—Subsec. (a). Pub. L. 91–671 substituted ‘‘the
State agency’’ and ‘‘the charge to be paid for such allotment by eligible households’’ for ‘‘an appropriate
State agency’’ and ‘‘their normal expenditures for
food’’, respectively, and struck out ‘‘more nearly’’ before ‘‘to obtain’’.
Subsec. (b). Pub. L. 91–671 substituted ‘‘operation’’ for
‘‘effect’’, ‘‘federally donated foods’’ for ‘‘federally
owned foods’’ where first appearing, and exception provision for distributions to households: during temporary emergency situations, for period of time necessary to effect transition to a food stamp program as
a replacement of distribution of federally donated
foods, or on request of the State agency without simultaneous participation in both the food stamp program
and distribution of federally donated foods for prior exception during emergency situations caused by a national or other disaster.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–296 effective Oct. 1, 2010,
except as otherwise specifically provided, see section
445 of Pub. L. 111–296, set out as a note under section
1751 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(1), 4111(a),
4115(b)(2), and 4211(a) of Pub. L. 110–246 effective Oct. 1,
2008, see section 4407 of Pub. L. 110–246, set out as a note
under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–198, title XV, § 1505(b), Dec. 23, 1985, 99 Stat.
1567, provided that:
‘‘(1) Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section]
shall take effect with respect to a State beginning on
the first day of the fiscal year that commences in the
calendar year during which the first regular session of
the legislature of such State is convened following the
date of enactment of this Act [Dec. 23, 1985].
‘‘(2) Upon a showing by a State, to the satisfaction of
the Secretary, that the application of paragraph (1),
without regard to this paragraph, would have an adverse and disruptive effect on the administration of the
food stamp program in such State or would provide inadequate time for retail stores to implement changes
in sales tax policy required as a result of the amendment made by subsection (a) [amending this section],
the Secretary may delay the effective date of subsection (a) with respect to such State to a date not
later than October 1, 1987.’’
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by that section
is effective Oct. 1, 1977.
DEMONSTRATION PROJECT FOR TRIBAL ORGANIZATIONS
Pub. L. 115–334, title IV, § 4003(b), Dec. 20, 2018, 132
Stat. 4625, provided that:
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) DEMONSTRATION PROJECT.—The term ‘demonstration project’ means the demonstration project
established under paragraph (2).

§ 2013

TITLE 7—AGRICULTURE

‘‘(B) FOOD DISTRIBUTION PROGRAM.—The term ‘food
distribution program’ means the food distribution
program on Indian reservations carried out under section 4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)).
‘‘(C) INDIAN RESERVATION.—The term ‘Indian reservation’ has the meaning given the term ‘reservation’ in section 3 of the Food and Nutrition Act of
2008 (7 U.S.C. 2012).
‘‘(D) INDIAN TRIBE.—The term ‘Indian tribe’ has the
meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
‘‘(E) SELF-DETERMINATION CONTRACT.—The term
‘self-determination contract’ has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
‘‘(F) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning given the term in section
3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
‘‘(2) ESTABLISHMENT.—Subject to the availability of
appropriations, the Secretary [of Agriculture] shall establish a demonstration project under which 1 or more
tribal organizations may enter into self-determination
contracts to purchase agricultural commodities under
the food distribution program for the Indian reservation of that tribal organization.
‘‘(3) ELIGIBILITY.—
‘‘(A) CONSULTATION.—The Secretary shall consult
with the Secretary of the Interior and Indian tribes
to determine the process and criteria under which a
tribal organization may participate in the demonstration project.
‘‘(B) CRITERIA.—The Secretary shall select for participation in the demonstration project tribal organizations that—
‘‘(i) are successfully administering the food distribution program of the tribal organization under
section 4(b)(2)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)(2)(B)),
‘‘(ii) have the capacity to purchase agricultural
commodities in accordance with paragraph (4) for
the food distribution program of the tribal organization, and
‘‘(iii) meet any other criteria determined by the
Secretary, in consultation with the Secretary of
the Interior and Indian tribes.
‘‘(4) PROCUREMENT OF AGRICULTURAL COMMODITIES.—
Any agricultural commodities purchased by a tribal organization under the demonstration project shall—
‘‘(A) be domestically produced,
‘‘(B) supplant, not supplement, the type of agricultural commodities in existing food packages for that
tribal organization,
‘‘(C) be of similar or higher nutritional value as the
type of agricultural commodities that would be supplanted in the existing food package for that tribal
organization, and
‘‘(D) meet any other criteria determined by the
Secretary.
‘‘(5) REPORT.—Not later than 1 year after the date on
which funds are appropriated under paragraph (6) and
annually thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the activities carried out under the demonstration project during
the preceding year.
‘‘(6) FUNDING.—
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to
carry out this subsection $5,000,000, to remain available until expended.
‘‘(B) APPROPRIATIONS IN ADVANCE.—Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available
to carry out this subsection.’’
FEASIBILITY STUDY, REPORT, AND DEMONSTRATION
PROJECT FOR INDIAN TRIBES
Pub. L. 113–79, title IV, § 4004(b), Feb. 7, 2014, 128 Stat.
785, provided that:

Page 1246

‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and
‘Indian tribe’ have the meaning given the terms in
section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) [now 25 U.S.C.
5304].
‘‘(B) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning given the term in section
4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) [now 25 U.S.C. 5304].
‘‘(2) STUDY.—The Secretary [of Agriculture] shall
conduct a study to determine the feasibility of tribal
administration of Federal food assistance programs,
services, functions, and activities (or portions thereof),
in lieu of State agencies or other administrating entities.
‘‘(3) REPORT.—Not later than 18 months after the date
of enactment of this Act [Feb. 7, 2014], the Secretary
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report
that—
‘‘(A) contains a list of programs, services, functions, and activities with respect to which it would be
feasible to be administered by a tribal organization;
‘‘(B) a description of whether that administration
would necessitate a statutory or regulatory change;
and
‘‘(C) such other issues that may be determined by
the Secretary and developed through consultation
pursuant to paragraph (4).
‘‘(4) CONSULTATION WITH INDIAN TRIBES.—In developing
the report required by paragraph (3), the Secretary
shall consult with tribal organizations.
‘‘(5) FUNDING.—Out of any funds made available under
section 18 [probably means section 18 of Pub. L. 88–525,
7 U.S.C. 2027] for fiscal year 2014, the Secretary shall
make available to carry out the study and report described in paragraphs (2) and (3) $1,000,000, to remain
available until expended.
‘‘(6) TRADITIONAL AND LOCAL FOODS DEMONSTRATION
PROJECT.—
‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall pilot a demonstration project by awarding a grant to 1 or more tribal
organizations authorized to administer the food distribution program on Indian reservations under section 4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)) for the purpose of purchasing nutritious and traditional foods, and when practicable,
foods produced locally by Indian producers, for distribution to recipients of foods distributed under that
program.
‘‘(B) ADMINISTRATION.—The Secretary may award a
grant on a noncompetitive basis to 1 or more tribal
organizations that have the administrative and financial capability to conduct a demonstration project, as
determined by the Secretary.
‘‘(C) CONSULTATION, TECHNICAL ASSISTANCE, AND
TRAINING.—During the implementation phase of the
demonstration project, the Secretary shall consult
with Indian tribes and provide outreach to Indian
farmers, ranchers, and producers regarding the training and capacity to participate in the demonstration
project.
‘‘(D) FUNDING.—
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through
2018.
‘‘(ii) RELATIONSHIP TO OTHER AUTHORITIES.—The
funds and authorities provided under this subparagraph are in addition to any other funds or authorities the Secretary may have to carry out activities
described in this paragraph.’’

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TITLE 7—AGRICULTURE

§ 2014. Eligible households
(a) Income and other financial resources as substantial limiting factors in obtaining more
nutritious diet; recipients under Social Security Act
Participation in the supplemental nutrition
assistance program shall be limited to those
households whose incomes and other financial
resources, held singly or in joint ownership, are
determined to be a substantial limiting factor in
permitting them to obtain a more nutritious
diet. Notwithstanding any other provisions of
this chapter except subsections (b), (d)(2), (g),
and (r) of section 2015 of this title and section
2012(m)(4) of this title, households in which each
member receives benefits under a State program
funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), supplemental
security income benefits under title XVI of the
Social Security Act [42 U.S.C. 1381 et seq.], or
aid to the aged, blind, or disabled under title I,
X, XIV, or XVI of the Social Security Act [42
U.S.C. 301 et seq., 1201 et seq., 1351 et seq., or 1381
et seq.], shall be eligible to participate in the
supplemental nutrition assistance program. Except for sections 2015, 2025(e)(1), and section
2012(m)(4) of this title, households in which each
member receives benefits under a State or local
general assistance program that complies with
standards established by the Secretary for ensuring that the program is based on income criteria comparable to or more restrictive than
those under subsection (c)(2), and not limited to
one-time emergency payments that cannot be
provided for more than one consecutive month,
shall be eligible to participate in the supplemental nutrition assistance program. Assistance
under this program shall be furnished to all eligible households who make application for such
participation.
(b) Eligibility standards
Except as otherwise provided in this chapter,
the Secretary shall establish uniform national
standards of eligibility (other than the income
standards for Alaska, Hawaii, Guam, and the
Virgin Islands of the United States established
in accordance with subsections (c) and (e) of this
section) for participation by households in the
supplemental nutrition assistance program in
accordance with the provisions of this section.
No plan of operation submitted by a State agency shall be approved unless the standards of eligibility meet those established by the Secretary, and no State agency shall impose any
other standards of eligibility as a condition for
participating in the program.
(c) Gross income standard
The income standards of eligibility shall be
adjusted each October 1 and shall provide that a
household shall be ineligible to participate in
the supplemental nutrition assistance program
if—
(1) the household’s income (after the exclusions and deductions provided for in subsections (d) and (e)) 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 Vir-

§ 2014

gin 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.
In no event shall the standards of eligibility for
the Virgin Islands of the United States or Guam
exceed those in the forty-eight contiguous
States.
(d) Exclusions from income
Household income for purposes of the supplemental nutrition assistance program shall include all income from whatever source excluding only—
(1) any gain or benefit which is not in the
form of money payable directly to a household
(notwithstanding its conversion in whole or in
part to direct payments to households pursuant to any demonstration project carried out
or authorized under Federal law including
demonstration projects created by the waiver
of provisions of Federal law);
(2) any income in the certification period
which is received too infrequently or irregularly to be reasonably anticipated, but not in
excess of $30 in a quarter, subject to modification by the Secretary in light of subsection (f);
(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

§ 2014

TITLE 7—AGRICULTURE

Security Act (42 U.S.C. 601 et seq.) in the
month for which the allowance is provided):
Provided, That no portion of benefits provided
under title IV–A of the Social Security Act [42
U.S.C. 601 et seq.], to the extent it is attributable to an adjustment for work-related or
child care expenses (except for payments or reimbursements for such expenses made under
an employment, education, or training program initiated under such title after September 19, 1988), and no portion of any educational loan on which payment is deferred,
grant, scholarship, fellowship, veterans’ benefits, and the like that are provided for living
expenses, shall be considered such reimbursement;
(6) moneys received and used for the care
and maintenance of a third-party beneficiary
who is not a household member, and child support payments made by a household member
to or for an individual who is not a member of
the household if the household member is legally obligated to make the payments;
(7) income earned by a child who is a member of the household, who is an elementary or
secondary school student, and who is 17 years
of age or younger;
(8) moneys received in the form of nonrecurring lump-sum payments, including, but
not limited to, income tax refunds, rebates, or
credits, cash donations based on need that are
received from one or more private nonprofit
charitable organizations, but not in excess of
$300 in the aggregate in a quarter, retroactive
lump-sum social security or railroad retirement pension payments and retroactive lumpsum insurance settlements: Provided, That
such payments shall be counted as resources,
unless specifically excluded by other laws;
(9) the cost of producing self-employed income, but household income that otherwise is
included under this subsection shall be reduced by the extent that the cost of producing
self-employment income exceeds the income
derived from self-employment as a farmer;
(10) any income that any other Federal law
specifically excludes from consideration as income for purposes of determining eligibility
for the supplemental nutrition assistance program except as otherwise provided in subsection (k) of this section;
(11)(A) any payments or allowances made for
the purpose of providing energy assistance
under any Federal law (other than part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.)); or
(B) a 1-time payment or allowance made
under a Federal or State law for the costs of
weatherization or emergency repair or replacement of an unsafe or inoperative furnace
or other heating or cooling device;
(12) through September 30 of any fiscal year,
any increase in income attributable to a costof-living adjustment made on or after July 1 of
such fiscal year under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et
seq.], section 3(a)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)(1)), or section 5312 of title 38, if the household was certified as eligible to participate in the supplemental nutrition assistance program or re-

Page 1248

ceived 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 1 of title 26 (relating to advance payment of earned income credit);
(14) any payment made to the household
under section 2015(d)(4)(I) of this title or a
pilot project under section 2025(h)(1)(F) of this
title for work related expenses or for dependent care;
(15) any amounts necessary for the fulfillment of a plan for achieving self-support of a
household member as provided under subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of
the Social Security Act (42 U.S.C. 1382a(b)(4));
(16) at the option of the State agency, any
educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like (other
than loans, grants, scholarships, fellowships,
veterans’ educational benefits, and the like excluded under paragraph (3)), to the extent that
they are required to be excluded under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.);
(17) at the option of the State agency, any
State complementary assistance program payments that are excluded for the purpose of determining eligibility for medical assistance
under section 1931 of the Social Security Act
(42 U.S.C. 1396u–1);
(18) at the option of the State agency, any
types of income that the State agency does
not consider when determining eligibility for
(A) cash assistance under a program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) or the amount of
such assistance, or (B) medical assistance
under section 1931 of the Social Security Act
(42 U.S.C. 1396u–1), except that this paragraph
does not authorize a State agency to exclude
wages or salaries, benefits under title I, II, IV,
X, XIV, or XVI of the Social Security Act (42
U.S.C. 301 et seq. [, 401 et seq., 601 et seq., 1201
et seq., 1351 et seq., 1381 et seq.]), regular payments from a government source (such as unemployment benefits and general assistance),
worker’s compensation, child support payments made to a household member by an individual who is legally obligated to make the
payments, or such other types of income the
consideration of which the Secretary determines by regulation to be essential to equitable determinations of eligibility and benefit
levels; and
(19) any additional payment under chapter 5
of title 37, or otherwise designated by the Secretary to be appropriate for exclusion under
this paragraph, that is received by or from a
member of the United States Armed Forces
deployed to a designated combat zone, if the
additional pay—
(A) is the result of deployment to or service in a combat zone; and
(B) was not received immediately prior to
serving in a combat zone.

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TITLE 7—AGRICULTURE

(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—
(I) for fiscal year 2009, $144, $246, $203,
and $127, respectively; and
(II) for fiscal year 2010 and each fiscal
year thereafter, an amount that is equal
to the amount from the previous fiscal
year adjusted to the nearest lower dollar
increment to reflect changes for the 12month period ending on the preceding
June 30 in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor, for items other than food.
(B) Guam
(i) In general
The Secretary shall allow a standard deduction for each household in Guam in an
amount that is—
(I) equal to 8.31 percent of twice the income standard of eligibility established
under subsection (c)(1) 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—
(I) for fiscal year 2009, $289; and
(II) for fiscal year 2010 and each fiscal
year thereafter, an amount that is equal
to the amount from the previous fiscal
year adjusted to the nearest lower dollar
increment to reflect changes for the 12month period ending on the preceding
June 30 in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor, for items other than food.
(C) Requirement
Each adjustment under subparagraphs
(A)(ii)(II) and (B)(ii)(II) shall be based on the

§ 2014

unrounded amount for the prior 12-month
period.
(2) Earned income deduction
(A) ‘‘Earned income’’ defined
In this paragraph, the term ‘‘earned income’’ does not include—
(i) income excluded by subsection (d); or
(ii) any portion of income earned under a
work supplementation or support program,
as defined under section 2025(b) of this
title, that is attributable to public assistance.
(B) Deduction
Except as provided in subparagraph (C), a
household with earned income shall be allowed a deduction of 20 percent of all earned
income to compensate for taxes, other mandatory deductions from salary, and work expenses.
(C) Exception
The deduction described in subparagraph
(B) shall not be allowed with respect to determining an overissuance due to the failure
of a household to report earned income in a
timely manner.
(3) Dependent care deduction
(A) In general
A household shall be entitled, with respect
to expenses (other than excluded expenses
described in subparagraph (B)) for dependent
care, to a dependent care deduction for the
actual cost of payments necessary for the
care of a dependent if the care enables a
household member to accept or continue employment, or training or education that is
preparatory for employment.
(B) Excluded expenses
The excluded expenses referred to in subparagraph (A) are—
(i) expenses paid on behalf of the household by a third party;
(ii) amounts made available and excluded, for the expenses referred to in subparagraph (A), under subsection (d)(3); and
(iii) expenses that are paid under section
2015(d)(4) of this title or a pilot project
under section 2025(h)(1)(F) of this title.
(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 be-

§ 2014

TITLE 7—AGRICULTURE

half of the household by a third party, to an
excess medical expense deduction for the
portion of the actual costs of allowable medical expenses, incurred by the elderly or disabled member, exclusive of special diets,
that exceeds $35 per month.
(B) Method of claiming deduction
(i) In general
A State agency shall offer an eligible
household under subparagraph (A) a method of claiming a deduction for recurring
medical expenses that are initially verified
under the excess medical expense deduction in lieu of submitting information on,
or verification of, actual expenses on a
monthly basis.
(ii) Method
The method described in clause (i)
shall—
(I) be designed to minimize the burden
for the eligible elderly or disabled household member choosing to deduct the recurrent medical expenses of the member
pursuant to the method;
(II) rely on reasonable estimates of the
expected medical expenses of the member for the certification period (including changes that can be reasonably anticipated based on available information
about the medical condition of the member, public or private medical insurance
coverage, and the current verified medical expenses incurred by the member);
and
(III) not require further reporting or
verification of a change in medical expenses if such a change has been anticipated for the certification period.
(C) Exclusion of medical marijuana
The Secretary shall promulgate rules to
ensure that medical marijuana is not treated as a medical expense for purposes of this
paragraph.
(6) Excess shelter expense deduction
(A) In general
A household shall be entitled, with respect
to expenses other than expenses paid on behalf of the household by a third party, to an
excess shelter expense deduction to the extent that the monthly amount expended by
a household for shelter exceeds an amount
equal to 50 percent of monthly household income after all other applicable deductions
have been allowed.
(B) Maximum amount of deduction
In the case of a household that does not
contain an elderly or disabled individual, in
the 48 contiguous States and the District of
Columbia, Alaska, Hawaii, Guam, and the
Virgin Islands of the United States, the excess shelter expense deduction shall not exceed—
(i) for the period beginning on August 22,
1996, and ending on December 31, 1996, $247,
$429, $353, $300, and $182 per month, respectively;
(ii) for the period beginning on January
1, 1997, and ending on September 30, 1998,

Page 1250

$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, subject to clause (iv), except that a
State agency may use an allowance that
does not fluctuate within a year to reflect
seasonal variations.
(ii) Restrictions on heating and cooling expenses
An allowance for a heating or cooling expense may not be used in the case of a
household that—
(I) does not incur a heating or cooling
expense, as the case may be;
(II) does incur a heating or cooling expense but is located in a public housing
unit that has central utility meters and
charges households, with regard to the
expense, only for excess utility costs; or
(III) shares the expense with, and lives
with, another individual not participating in the supplemental nutrition assistance program, another household
participating in the supplemental nutrition assistance program, or both, unless
the allowance is prorated between the
household and the other individual,
household, or both.
(iii) Mandatory allowance
(I) In general
A State agency may make the use of a
standard utility allowance mandatory
for all households with qualifying utility
costs if—
(aa) the State agency has developed 1
or more standards that include the
cost of heating and cooling and 1 or
more standards that do not include the
cost of heating and cooling; and
(bb) the Secretary finds (without regard to subclause (III)) that the standards will not result in an increased
cost to the Secretary.
(II) Household election
A State agency that has not made the
use of a standard utility allowance mandatory under subclause (I) shall allow a
household to switch, at the end of a cer-

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TITLE 7—AGRICULTURE

tification 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 and cooling costs, the standard utility allowance
shall be made available to households
that received a payment, or on behalf of
which a payment was made, under the
Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.) or
other similar energy assistance program,
if in the current month or in the immediately preceding 12 months, the household either received such a payment, or
such a payment was made on behalf of
the household, that was greater than $20
annually, as determined by the Secretary.
(II) Separate allowance
A State agency may use a separate
standard utility allowance for households on behalf of which a payment described in subclause (I) is made, but may
not be required to do so.
(III) States not electing to use separate
allowance
A State agency that does not elect to
use a separate allowance but makes a
single standard utility allowance available to households incurring heating or
cooling expenses (other than a household
described in subclause (I) or (II) of clause
(ii)) may not be required to reduce the
allowance due to the provision (directly
or indirectly) of assistance under the
Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.).
(IV) Proration of assistance
For the purpose of the supplemental
nutrition assistance program, assistance
provided under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.) shall be considered to be prorated over the entire heating or cooling
season for which the assistance was provided.
(D) Homeless households
(i) Alternative deduction
The State agency shall allow a deduction
of $143 a month for households—
(I) in which all members are homeless
individuals;
(II) that are not receiving free shelter
throughout the month; and

§ 2014

(III) that do not opt to claim an excess
shelter expense deduction under subparagraph (A).
(ii) Adjustment
For fiscal year 2019 and each subsequent
fiscal year the amount of the homeless
shelter deduction specified in clause (i)
shall be adjusted to reflect changes for the
12-month period ending the preceding November 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor Statistics of the Department
of Labor.
(iii) Ineligibility
The State agency may make a household
with extremely low shelter costs ineligible
for the alternative deduction under clause
(i).
(f) Calculation of household income; prospective
or retrospective accounting basis; consistency
(1)(A) Household income for those households
that, by contract for other than an hourly or
piecework basis or by self-employment, derive
their annual income in a period of time shorter
than one year shall be calculated by averaging
such income over a twelve-month period. Notwithstanding the preceding sentence, household
income resulting from the self-employment of a
member in a farming operation, who derives income from such farming operation and who has
irregular expenses to produce such income, may,
at the option of the household, be calculated by
averaging such income and expenses over a 12month 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
2020(e)(4) of this title 1 or more types of
changes in the circumstances of a household
that affect the amount of deductions the
household may claim under subsection (e).
(ii) CHANGES THAT MAY NOT BE DISREGARDED.—Under clause (i), a State agency
may not disregard—
(I) any reported change of residence; or
(II) under standards prescribed by the Secretary, any change in earned income.
(2)(A) Except as provided in subparagraphs (B),
(C), and (D), households shall have their incomes
calculated on a prospective basis, as provided in
paragraph (3)(A), or, at the option of the State
agency, on a retrospective basis, as provided in
paragraph (3)(B).

§ 2014

TITLE 7—AGRICULTURE

(B) In the case of the first month, or at the option of the State, the first and second months,
during a continuous period in which a household
is certified, the State agency shall determine
eligibility and the amount of benefits on the
basis of the household’s income and other relevant circumstances in such first or second
month.
(C) Households specified in clauses (i), (ii), and
(iii) of section 2015(c)(1)(A) of this title shall
have their income calculated on a prospective
basis, as provided in paragraph (3)(A).
(D) Except as provided in subparagraph (B),
households required to submit monthly reports
of their income and household circumstances
under section 2015(c)(1) of this title shall have
their income calculated on a retrospective basis,
as provided in paragraph (3)(B).
(3)(A) Calculation of household income on a
prospective basis is the calculation of income on
the basis of the income reasonably anticipated
to be received by the household during the period for which eligibility or benefits are being
determined. Such calculation shall be made in
accordance with regulations prescribed by the
Secretary which shall provide for taking into
account both the income reasonably anticipated
to be received by the household during the period for which eligibility or benefits are being
determined and the income received by the
household during the preceding thirty days.
(B) Calculation of household income on a retrospective basis is the calculation of income for
the period for which eligibility or benefits are
being determined on the basis of income received in a previous period. Such calculation
shall be made in accordance with regulations
prescribed by the Secretary which may provide
for the determination of eligibility on a prospective basis in some or all cases in which benefits
are calculated under this paragraph. Such regulations shall provide for supplementing the initial allotments of newly applying households in
those cases in which the determination of income under this paragraph causes serious hardship.
(4) In promulgating regulations under this
subsection, the Secretary shall consult with the
Secretary of Health and Human Services in
order to assure that, to the extent feasible and
consistent with the purposes of this chapter and
the Social Security Act [42 U.S.C. 301 et seq.],
the income of households receiving benefits
under this chapter and title IV–A of the Social
Security Act [42 U.S.C. 601 et seq.] is calculated
on a comparable basis under this chapter and
the Social Security Act. The Secretary is authorized, upon the request of a State agency, to
waive any of the provisions of this subsection
(except the provisions of paragraph (2)(A)) to the
extent necessary to permit the State agency to
calculate income for purposes of this chapter on
the same basis that income is calculated under
title IV–A of the Social Security Act in that
State.
(g) Allowable financial resources
(1) TOTAL AMOUNT.—
(A) IN GENERAL.—The Secretary shall prescribe the types and allowable amounts of financial resources (liquid and nonliquid assets)

Page 1252

an eligible household may own, and shall, in
so doing, assure that a household otherwise eligible to participate in the supplemental nutrition assistance program will not be eligible
to participate if its resources exceed $2,000 (as
adjusted in accordance with subparagraph
(B)), or, in the case of a household which consists of or includes an elderly or disabled
member, if its resources exceed $3,000 (as adjusted in accordance with subparagraph (B)).
(B) ADJUSTMENT FOR INFLATION.—
(i) IN GENERAL.—Beginning on October 1,
2008, and each October 1 thereafter, the
amounts specified in subparagraph (A) shall
be adjusted and rounded down to the nearest
$250 increment to reflect changes for the 12month period ending the preceding June in
the Consumer Price Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(ii) REQUIREMENT.—Each adjustment under
clause (i) shall be based on the unrounded
amount for the prior 12-month period.
(2) INCLUDED ASSETS.—
(A) IN GENERAL.—Subject to the other provisions of this paragraph, the Secretary shall, in
prescribing inclusions in, and exclusions from,
financial resources, follow the regulations in
force as of June 1, 1982 (other than those relating to licensed vehicles and inaccessible resources).
(B) ADDITIONAL INCLUDED ASSETS.—The Secretary shall include in financial resources—
(i) any boat, snowmobile, or airplane used
for recreational purposes;
(ii) any vacation home;
(iii) any mobile home used primarily for
vacation purposes;
(iv) subject to subparagraphs (C) and (D),
any licensed vehicle that is used for household transportation or to obtain or continue
employment to the extent that the fair market value of the vehicle exceeds $4,650; and
(v) any savings account, regardless of
whether there is a penalty for early withdrawal.
(C) EXCLUDED VEHICLES.—A vehicle (and any
other property, real or personal, to the extent
the property is directly related to the maintenance or use of the vehicle) shall not be included in financial resources under this paragraph if the vehicle is—
(i) used to produce earned income;
(ii) necessary for the transportation of a
physically disabled household member; or
(iii) depended on by a household to carry
fuel for heating or water for home use and
provides the primary source of fuel or water,
respectively, for the household.
(D) ALTERNATIVE VEHICLE ALLOWANCE.—If the
vehicle allowance standards that a State agency uses to determine eligibility for assistance
under the State program funded under part A
of title IV of the Social Security Act (42 U.S.C.
601 et seq.) would result in a lower attribution
of resources to certain households than under
subparagraph (B)(iv), in lieu of applying subparagraph (B)(iv), the State agency may elect
to apply the State vehicle allowance standards
to all households that would incur a lower at-

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TITLE 7—AGRICULTURE

tribution of resources under the State vehicle
allowance standards.
(3) The Secretary shall exclude from financial
resources the value of a burial plot for each
member of a household and nonliquid resources
necessary to allow the household to carry out a
plan for self-sufficiency approved by the State
agency that constitutes adequate participation
in an employment and training program under
section 2015(d) of this title or a pilot project
under section 2025(h)(1)(F) of this title. The Secretary shall also exclude from financial resources any earned income tax credits received
by any member of the household for a period of
12 months from receipt if such member was participating in the supplemental nutrition assistance program at the time the credits were received and participated in such program continuously during the 12-month period.
(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

§ 2014

(iv) any other similar type of resource the
inclusion in financial resources of which the
Secretary determines by regulation to be essential to equitable determinations of eligibility under the supplemental nutrition assistance program.
(7) EXCLUSION OF RETIREMENT ACCOUNTS FROM
ALLOWABLE FINANCIAL RESOURCES.—
(A) MANDATORY EXCLUSIONS.—The Secretary
shall exclude from financial resources under
this subsection the value of—
(i) any funds in a plan, contract, or account, described in sections 401(a), 403(a),
403(b), 408, 408A, 457(b), and 501(c)(18) of title
26 and the value of funds in a Federal Thrift
Savings Plan account as provided in section
8439 of title 5; and
(ii) any retirement program or account included in any successor or similar provision
that may be enacted and determined to be
exempt from tax under title 26.
(B) DISCRETIONARY EXCLUSIONS.—The Secretary may exclude from financial resources
under this subsection the value of any other
retirement plans, contracts, or accounts (as
determined by the Secretary).
(8) EXCLUSION OF EDUCATION ACCOUNTS FROM
ALLOWABLE FINANCIAL RESOURCES.—
(A) MANDATORY EXCLUSIONS.—The Secretary
shall exclude from financial resources under
this subsection the value of any funds in a
qualified tuition program described in section
529 of title 26 or in a Coverdell education savings account under section 530 of that title.
(B) DISCRETIONARY EXCLUSIONS.—The Secretary may exclude from financial resources
under this subsection the value of any other
education programs, contracts, or accounts (as
determined by the Secretary).
(h) Temporary emergency standards of eligibility; Disaster Task Force; direct assistance
to State and local officials
(1) The Secretary shall, after consultation
with the official empowered to exercise the authority provided for by sections 5170a and 5192 of
title 42, establish temporary emergency standards of eligibility for the duration of the emergency for households who are victims of a disaster which disrupts commercial channels of
food distribution, if such households are in need
of temporary food assistance and if commercial
channels of food distribution have again become
available to meet the temporary food needs of
such households. Such standards as are prescribed for individual emergencies may be promulgated without regard to section 2013(c) of
this title or the procedures set forth in section
553 of title 5.
(2) The Secretary shall—
(A) establish a Disaster Task Force to assist
States in implementing and operating the disaster program and the regular supplemental
nutrition assistance program in the disaster
area; and
(B) if the Secretary, in the Secretary’s discretion, determines that it is cost-effective to
send members of the Task Force to the disaster area, the Secretary shall send them to
such area as soon as possible after the disaster

§ 2014

TITLE 7—AGRICULTURE

occurs to provide direct assistance to State
and local officials.
(3)(A) The Secretary shall provide, by regulation, for emergency allotments to eligible
households to replace food destroyed in a disaster. The regulations shall provide for replacement of the value of food actually lost up to a
limit approved by the Secretary not greater
than the applicable maximum monthly allotment for the household size.
(B) The Secretary shall adjust issuance methods and reporting and other application requirements to be consistent with what is practicable
under actual conditions in the affected area. In
making this adjustment, the Secretary shall
consider the availability of the State agency’s
offices and personnel, any conditions that make
reliance on electronic benefit transfer systems
described in section 2016(h) of this title impracticable, and any damage to or disruption of
transportation and communication facilities.
(i) Attribution of income and resources to sponsored aliens; coverage, computations, etc.
(1) For purposes of determining eligibility for
and the amount of benefits under this chapter
for an individual who is an alien as described in
section 2015(f)(2)(B) of this title, the income and
resources of any person who as a sponsor of such
individual’s entry into the United States executed an affidavit of support or similar agreement with respect to such individual, and the
income and resources of the sponsor’s spouse if
such spouse is living with the sponsor, shall be
deemed to be the income and resources of such
individual for a period of three years after the
individual’s entry into the United States. Any
such income deemed to be income of such individual shall be treated as unearned income of
such individual.
(2)(A) The amount of income of a sponsor, and
the sponsor’s spouse if living with the sponsor,
which shall be deemed to be the unearned income of an alien for any year shall be determined as follows:
(i) the total yearly rate of earned and unearned income of such sponsor, and such sponsor’s spouse if such spouse is living with the
sponsor, shall be determined for such year
under rules prescribed by the Secretary;
(ii) the amount determined under clause (i)
of this subparagraph shall be reduced by an
amount equal to the income eligibility standard as determined under subsection (c) for a
household equal in size to the sponsor, the
sponsor’s spouse if living with the sponsor, and
any persons dependent upon or receiving support from the sponsor or the sponsor’s spouse
if the spouse is living with the sponsor; and
(iii) the monthly income attributed to such
alien shall be one-twelfth of the amount calculated under clause (ii) of this subparagraph.
(B) The amount of resources of a sponsor, and
the sponsor’s spouse if living with the sponsor,
which shall be deemed to be the resources of an
alien for any year shall be determined as follows:
(i) the total amount of the resources of such
sponsor and such sponsor’s spouse if such
spouse is living with the sponsor shall be de-

Page 1254

termined under rules prescribed by the Secretary;
(ii) the amount determined under clause (i)
of this subparagraph shall be reduced by $1,500;
and
(iii) the resources determined under clause
(ii) of this subparagraph shall be deemed to be
resources of such alien in addition to any resources of such alien.
(C)(i) Any individual who is an alien shall,
during the period of three years after entry into
the United States, in order to be an eligible individual or eligible spouse for purposes of this
chapter, be required to provide to the State
agency such information and documentation
with respect to the alien’s sponsor and sponsor’s
spouse as may be necessary in order for the
State agency to make any determination required under this section, and to obtain any cooperation from such sponsor necessary for any
such determination. Such alien shall also be required to provide such information and documentation which such alien or the sponsor provided in support of such alien’s immigration application as the State agency may request.
(ii) The Secretary shall enter into agreements
with the Secretary of State and the Attorney
General whereby any information available to
such persons and required in order to make any
determination under this section will be provided by such persons to the Secretary, and
whereby such persons shall inform any sponsor
of an alien, at the time such sponsor executes an
affidavit of support or similar agreement, of the
requirements imposed by this section.
(D) Any sponsor of an alien, and such alien,
shall be jointly and severably liable for an
amount equal to any overpayment made to such
alien during the period of three years after such
alien’s entry into the United States, on account
of such sponsor’s failure to provide correct information under the provisions of this section,
except where such sponsor was without fault, or
where good cause for such failure existed. Any
such overpayment which is not repaid shall be
recovered in accordance with the provisions of
section 2022(b) of this title.
(E) The provisions of this subsection shall not
apply with respect to any alien who is a member
of the sponsor’s household or to any alien who is
under 18 years of age.
(j) Resource exemption for otherwise exempt
households
Notwithstanding subsections (a) through (i), a
State agency shall consider a household member
who receives supplemental security income benefits under title XVI of the Social Security Act
[42 U.S.C. 1381 et seq.], aid to the aged, blind, or
disabled under title I, II, X, XIV, or XVI of such
Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq.,
1351 et seq., 1381 et seq.], or who receives benefits
under a State program funded under part A of
title IV of the Act (42 U.S.C. 601 et seq.) to have
satisfied the resource limitations prescribed
under subsection (g).
(k) Assistance to third parties included; educational benefits; exceptions
(1) For purposes of subsection (d)(1), except as
provided in paragraph (2), assistance provided to

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TITLE 7—AGRICULTURE

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

§ 2014

(m) Simplified calculation of income for the selfemployed
(1) In general
Not later than 1 year after August 22, 1996,
the Secretary shall establish a procedure by
which a State may submit a method, designed
to not increase Federal costs, for the approval
of the Secretary, that the Secretary determines will produce a reasonable estimate of
income excluded under subsection (d)(9) 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.
(Pub. L. 88–525, § 5, Aug. 31, 1964, 78 Stat. 704;
Pub. L. 91–671, § 4, Jan. 11, 1971, 84 Stat. 2049;
Pub. L. 93–86, § 3(d), (e), (g), (h), Aug. 10, 1973, 87
Stat. 246, 247; Pub. L. 95–113, title XIII, § 1301,
Sept. 29, 1977, 91 Stat. 962; Pub. L. 96–58, § 2, Aug.
14, 1979, 93 Stat. 390; Pub. L. 96–223, title III,
§ 313(c)(2), Apr. 2, 1980, 94 Stat. 299; Pub. L. 96–249,
title I, §§ 102–108, 112, 136–138, May 26, 1980, 94
Stat. 357–359, 361, 369, 370; Pub. L. 97–35, title I,
§§ 104(a), 105–107, 115, 116(a)(1), title XXVI, § 2611,
Aug. 13, 1981, 95 Stat. 358–361, 364, 902; Pub. L.
97–98, title XIII, §§ 1305–1309, Dec. 22, 1981, 95 Stat.
1283, 1284; Pub. L. 97–253, title I, §§ 143(b), 145(c),
(d), 146–152(a), 153, 189(a), Sept. 8, 1982, 96 Stat.
773–776, 787; Pub. L. 98–204, § 4, Dec. 2, 1983, 97
Stat. 1385; Pub. L. 99–198, title XV, §§ 1507(a)(1),
1508–1513(a), 1514, 1515, Dec. 23, 1985, 99 Stat.
1567–1572; Pub. L. 99–500, § 101(a) [title VI,
§ 638(a)], Oct. 18, 1986, 100 Stat. 1783, 1783–34, and
Pub. L. 99–591, § 101(a) [title VI, § 638(a)], Oct. 30,
1986, 100 Stat. 3341, 3341–34; Pub. L. 100–77, title
VIII, §§ 803(a), 804(a), 805(a), 806(a), 807(a), July 22,
1987, 101 Stat. 534, 535; Pub. L. 100–232, § 2(a), Jan.
5, 1988, 101 Stat. 1566; Pub. L. 100–387, title V,
§ 501(a), Aug. 11, 1988, 102 Stat. 960; Pub. L.
100–435, title II, §§ 201, 202(a), title III, §§ 340–343,
351, title IV, §§ 402, 403, 404(f), Sept. 19, 1988, 102
Stat. 1655, 1656, 1663–1665, 1668; Pub. L. 100–707,
title I, § 109(d), Nov. 23, 1988, 102 Stat. 4708; Pub.
L. 101–624, title XVII, §§ 1714–1718(a), 1719–1722,

§ 2014

TITLE 7—AGRICULTURE

1726(b)(2), Nov. 28, 1990, 104 Stat. 3783–3787; Pub.
L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105
Stat. 239; Pub. L. 102–237, title IX, §§ 902–906,
941(2), Dec. 13, 1991, 105 Stat. 1884, 1885, 1892; Pub.
L. 102–265, § 1(a), Mar. 26, 1992, 106 Stat. 90; Pub.
L. 102–367, title VII, § 702(b), Sept. 7, 1992, 106
Stat.
1113;
Pub.
L.
103–66,
title
XIII,
§§ 13911–13915, 13921, 13922(a), 13923, 13924, Aug. 10,
1993, 107 Stat. 673–675; Pub. L. 103–225, title I,
§ 101(b)(2), Mar. 25, 1994, 108 Stat. 107; Pub. L.
104–193, title I, § 109(a), title VIII, §§ 806–809(a),
810–812, Aug. 22, 1996, 110 Stat. 2169, 2309, 2313,
2314; Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 405(d)(2)(A), (f)(2)(A)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–418, 2681–429; Pub. L. 106–387, § 1(a)
[title VIII, §§ 846(a), 847(a)], Oct. 28, 2000, 114 Stat.
1549, 1549A–65, 1549A–66; Pub. L. 107–171, title IV,
§§ 4101–4108(a), 4112(b)(2), 4401(b)(2)(C), May 13,
2002, 116 Stat. 305–309, 313, 333; Pub. L. 110–234,
title IV, §§ 4001(b), 4002(a)(2), 4101–4104, 4115(b)(3),
May 22, 2008, 122 Stat. 1092, 1098–1100, 1106; Pub.
L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(2),
4101–4104, 4115(b)(3), June 18, 2008, 122 Stat. 1664,
1853, 1859–1861, 1867; Pub. L. 113–79, title IV,
§§ 4005, 4006(a), 4008(b), 4022(b)(1), 4030(c), Feb. 7,
2014, 128 Stat. 786–788, 808, 814; Pub. L. 113–128,
title V, § 512(l)(1), July 22, 2014, 128 Stat. 1709;
Pub. L. 115–334, title IV, §§ 4004, 4022(2), Dec. 20,
2018, 132 Stat. 4627, 4653.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (a),
(d)(5), (11), (12), (16), (18), (f)(4), (g)(2)(D), (6)(A)(i), (j),
(k)(1)(A), and (n), is act Aug. 14, 1935, ch. 531, 49 Stat.
620. Titles I, II, IV, X, XIV, XVI, and XIX of the Social
Security Act are classified generally to subchapters I
(§ 301 et seq.), II (§ 401 et seq.), IV (§ 601 et seq.), X (§ 1201
et seq.), XIV (§ 1351 et seq.), XVI (§ 1381 et seq.), and XIX
(§ 1396 et seq.), respectively, of chapter 7 of Title 42, The
Public Health and Welfare. Parts A and D of title IV of
the Act are classified generally to parts A (§ 601 et seq.)
and D (§ 651 et seq.) of subchapter IV of chapter 7 of
Title 42. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Section 3507 of title 26, referred to in subsec. (d)(13),
was repealed by Pub. L. 111–226, title II, § 219(a)(1), Aug.
10, 2010, 124 Stat. 2403.
The Low-Income Home Energy Assistance Act of 1981,
referred to in subsec. (e)(6)(C)(iv), is title XXVI of Pub.
L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified
generally to subchapter II (§ 8621 et seq.) of chapter 94
of Title 42. For complete classification of this Act to
the Code, see Short Title note set out under section
8621 of Title 42 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (l), is Pub. L. 113–128, July 22, 2014,
128 Stat. 1425. Title I of the Act is classified generally
to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of
Title 29 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334, § 4022(2), substituted
‘‘2012(m)(4)’’ for ‘‘2012(n)(4)’’ in two places.
Subsec. (e)(6)(D). Pub. L. 115–334, § 4004, added cls. (i)
and (ii), redesignated former cl. (ii) as (iii), and struck

Page 1256

out former cl. (i). Prior to amendment, text of cl. (i)
read as follows: ‘‘In lieu of the deduction provided
under subparagraph (A), a State agency may elect to
allow a household in which all members are homeless
individuals, but that is not receiving free shelter
throughout the month, to receive a deduction of $143
per month.’’
2014—Subsec. (a). Pub. L. 113–79, § 4008(b), substituted
‘‘subsections (b), (d)(2), (g), and (r) of section 2015 of
this title’’ for ‘‘sections 2015(b), 2015(d)(2), and 2015(g) of
this title’’.
Subsec. (d)(14). Pub. L. 113–79, § 4022(b)(1)(A), inserted
‘‘or a pilot project under section 2025(h)(1)(F) of this
title’’ after ‘‘section 2015(d)(4)(I) of this title’’.
Subsec. (e)(3)(B)(iii). Pub. L. 113–79, § 4022(b)(1)(B), inserted ‘‘or a pilot project under section 2025(h)(1)(F) of
this title ’’ after ‘‘section 2015(d)(4) of this title’’.
Subsec. (e)(5)(C). Pub. L. 113–79, § 4005, added subpar.
(C).
Subsec. (e)(6)(C)(i). Pub. L. 113–79, § 4006(a)(1), inserted
‘‘, subject to clause (iv)’’ after ‘‘Secretary’’.
Subsec. (e)(6)(C)(iv)(I). Pub. L. 113–79, § 4006(a)(2),
added subcl. (I) and struck out former subcl. (I). Text
read as follows: ‘‘Subject to subclause (II), if a State
agency elects to use a standard utility allowance that
reflects heating or cooling costs, the standard utility
allowance shall be made available to households receiving a payment, or on behalf of which a payment is
made, under the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy assistance program, if the household still incurs
out-of-pocket heating or cooling expenses in excess of
any assistance paid on behalf of the household to an energy provider.’’
Subsec. (g)(3). Pub. L. 113–79, § 4022(b)(1)(C), inserted
‘‘or a pilot project under section 2025(h)(1)(F) of this
title’’ after ‘‘section 2015(d) of this title’’.
Subsec. (i)(2)(D). Pub. L. 113–79, § 4030(c)(1), substituted ‘‘section 2022(b) of this title’’ for ‘‘section
2022(b)(2) of this title’’.
Subsec. (k)(4)(A). Pub. L. 113–79, § 4030(c)(2), substituted ‘‘paragraph (2)(G)’’ for ‘‘paragraph (2)(H)’’.
Subsec. (l). Pub. L. 113–128, which directed amendment of subsec. (l) by substituting ‘‘Notwithstanding
section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in
on-the-job training under title I of such Act’’ for ‘‘Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating
in on-the-job-training under title I of the Workforce Investment Act of 1998’’ was executed by making the substitution for ‘‘Notwithstanding section 181(a)(2) of the
Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training under title I of
the Workforce Investment Act of 1998’’ to reflect the
probable intent of Congress.
2008—Subsec. (a). Pub. L. 110–246, § 4115(b)(3)(A), which
directed substitution of ‘‘section 2012(n)(4)’’ for ‘‘section 2012(i)(4)’’, was executed by making the substitution in two places, to reflect the probable intent of
Congress.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing.
Subsecs. (b), (c). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (d). Pub. L. 110–246, § 4101, inserted heading,
redesignated cls. (1) to (18) as pars. (1) to (18), respectively, and realigned margins, in pars. (1) to (16), substituted semicolon for comma at end, in par. (3), redesignated subcls. (A) to (C) as subpars. (A) to (C), respectively, and realigned margins, in subpars. (B) and (C),
substituted semicolon for comma at end, in par. (11),
redesignated subcls. (A) and (B) as subpars. (A) and (B),
respectively, in subpar. (A), substituted semicolon for
comma at end, realigned margin of subpar. (B), and
added par. (19).
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing.

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Subsec. (e)(1)(A)(ii). Pub. L. 110–246, § 4102(1), substituted ‘‘not less than—’’ and subcls. (I) and (II) for
‘‘not less than $134, $229, $189, and $118, respectively.’’
Subsec. (e)(1)(B)(ii). Pub. L. 110–246, § 4102(2), substituted ‘‘not less than—’’ and subcls. (I) and (II) for
‘‘not less than $269.’’
Subsec. (e)(1)(C). Pub. L. 110–246, § 4102(3), added subpar. (C).
Subsec. (e)(3)(A). Pub. L. 110–246, § 4103, struck out
‘‘, the maximum allowable level of which shall be $200
per month for each dependent child under 2 years of age
and $175 per month for each other dependent,’’ after
‘‘deduction’’.
Subsec. (e)(6)(C). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’ wherever appearing.
Subsec. (g). Pub. L. 110–246, § 4104(a)(1), inserted subsec. heading.
Subsec. (g)(1). Pub. L. 110–246, § 4104(a), inserted par.
heading, designated existing provisions as subpar. (A),
inserted subpar. heading, inserted ‘‘(as adjusted in accordance with subparagraph (B))’’ after ‘‘$2,000’’ and
after ‘‘$3,000’’, and added subpar. (B).
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (g)(2)(B)(v). Pub. L. 110–246, § 4104(b)(1), substituted ‘‘savings account’’ for ‘‘savings or retirement
account (including an individual account)’’.
Subsec. (g)(3), (6). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec. (g)(7), (8). Pub. L. 110–246, § 4104(b)(2), (c),
added pars. (7) and (8).
Subsec. (h)(2)(A). Pub. L. 110–246, § 4002(a)(2), substituted ‘‘Disaster Task Force’’ for ‘‘Food Stamp Disaster Task Force’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (h)(3)(B). Pub. L. 110–246, § 4115(b)(3)(B), substituted ‘‘section 2016(h)’’ for ‘‘section 2016(i)’’ in second
sentence.
Subsec. (i)(2)(E). Pub. L. 110–246, § 4115(b)(3)(C), struck
out ‘‘, as defined in section 2012(i) of this title,’’ after
‘‘household’’.
Subsec. (l). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
2002—Subsec. (a). Pub. L. 107–171, § 4112(b)(2), substituted ‘‘section 2012(i)(4) of this title’’ for ‘‘the third
sentence of section 2012(i) of this title’’ in two places.
Subsec. (d)(6). Pub. L. 107–171, § 4101(a), inserted at
end ‘‘and child support payments made by a household
member to or for an individual who is not a member of
the household if the household member is legally obligated to make the payments,’’.
Subsec. (d)(16) to (18). Pub. L. 107–171, § 4102, added cls.
(16) to (18).
Subsec. (e)(1). Pub. L. 107–171, § 4103, added par. (1) and
struck out heading and text of former par. (1). Text
read as follows: ‘‘The Secretary shall allow a standard
deduction for each household in the 48 contiguous
States and the District of Columbia, Alaska, Hawaii,
Guam, and the Virgin Islands of the United States of
$134, $229, $189, $269, and $118, respectively.’’
Subsec. (e)(4). Pub. L. 107–171, § 4101(b)(1), added par.
(4) and struck out heading and text of former par. (4).
Text read as follows:
‘‘(A) IN GENERAL.—A household shall be entitled to a
deduction for child support payments made by a household member to or for an individual who is not a member of the household if the household member is legally
obligated to make the payments.
‘‘(B) METHODS FOR DETERMINING AMOUNT.—The Secretary may prescribe by regulation the methods, including calculation on a retrospective basis, that a
State agency shall use to determine the amount of the
deduction for child support payments.’’
Subsec. (e)(5), (6). Pub. L. 107–171, § 4105(b)(1), redesignated pars. (6) and (7) as (5) and (6), respectively, and

§ 2014

struck out heading and text of former par. (5). Text
read as follows: ‘‘Under rules prescribed by the Secretary, a State agency may develop a standard homeless shelter allowance, which shall not exceed $143 per
month, for such expenses as may reasonably be expected to be incurred by households in which all members are homeless individuals but are not receiving free
shelter throughout the month. A State agency that develops the allowance may use the allowance in determining eligibility and allotments for the households.
The State agency may make a household with extremely low shelter costs ineligible for the allowance.’’
Subsec. (e)(7). Pub. L. 107–171, § 4105(b)(1)(B), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Subsec. (e)(7)(C)(iii)(I)(bb). Pub. L. 107–171, § 4104(1),
inserted ‘‘(without regard to subclause (III))’’ after
‘‘Secretary finds’’.
Subsec. (e)(7)(C)(iii)(III). Pub. L. 107–171, § 4104(2),
added subcl. (III).
Subsec. (e)(7)(D). Pub. L. 107–171, § 4105(a), added subpar. (D).
Subsec. (f)(1)(C). Pub. L. 107–171, § 4106, added subpar.
(C).
Subsec. (g)(1). Pub. L. 107–171, § 4107(1), substituted
‘‘an elderly or disabled member’’ for ‘‘a member who is
60 years of age or older’’.
Subsec. (g)(6). Pub. L. 107–171, § 4107(2), added par. (6).
Subsec. (h)(3)(B). Pub. L. 107–171, § 4108(a), inserted
‘‘issuance methods and’’ after ‘‘Secretary shall adjust’’
in first sentence and inserted ‘‘, any conditions that
make reliance on electronic benefit transfer systems
described in section 2016(i) of this title impracticable,’’
after ‘‘personnel’’ in second sentence.
Subsec. (i)(2)(E). Pub. L. 107–171, § 4401(b)(2)(C), inserted ‘‘, or to any alien who is under 18 years of age’’
before period at end.
Subsec. (k)(4)(B). Pub. L. 107–171, § 4105(b)(2), substituted ‘‘subsection (e)(6) of this section’’ for ‘‘subsection (e)(7) of this section’’.
Subsec. (n). Pub. L. 107–171, § 4101(b)(2), added subsec.
(n).
2000—Subsec. (e)(7)(B)(iii) to (vi). Pub. L. 106–387,
§ 1(a) [title VIII, § 846(a)], added cls. (iii) to (vi) and
struck out former cls. (iii) and (iv) which read as follows:
‘‘(iii) for fiscal years 1999 and 2000, $275, $478, $393,
$334, and $203 per month, respectively; and
‘‘(iv) for fiscal year 2001 and each subsequent fiscal
year, $300, $521, $429, $364, and $221 per month, respectively.’’
Subsec. (g)(2)(B)(iv). Pub. L. 106–387, § 1(a) [title VIII,
§ 847(a)(1)], substituted ‘‘subparagraphs (C) and (D)’’ for
‘‘subparagraph (C)’’ and ‘‘to the extent that the fair
market value of the vehicle exceeds $4,650; and’’ for ‘‘to
the extent that the fair market value of the vehicle exceeds $4,600 through September 30, 1996, and $4,650 beginning October 1, 1996; and’’.
Subsec. (g)(2)(D). Pub. L. 106–387, § 1(a) [title VIII,
§ 847(a)(2)], added subpar. (D).
1998—Subsec. (l). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(2)(A)], substituted ‘‘Notwithstanding section
181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training
under title I of the Workforce Investment Act of 1998’’
for ‘‘Notwithstanding section 1552(b) of title 29 or section 181(a)(2) of the Workforce Investment Act of 1998,
earnings to individuals participating in on-the-job
training programs under section 1604(b)(1)(C) or
1644(c)(1)(A) of title 29 or in on-the-job training under
title I of the Workforce Investment Act of 1998’’.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(A)], substituted ‘‘Notwithstanding section 1552(b) of title 29 or
section 181(a)(2) of the Workforce Investment Act of
1998, earnings to individuals participating in on-the-job
training programs under section 1604(b)(1)(C) or
1644(c)(1)(A) of title 29 or in on-the-job training under
title I of the Workforce Investment Act of 1998’’ for
‘‘Notwithstanding section 1552(b) of title 29, earnings to
individuals participating in on-the-job training programs under section 1604(b)(1)(C) or section 1644(c)(1)(A)
of title 29’’.

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TITLE 7—AGRICULTURE

1996—Subsec. (a). Pub. L. 104–193, § 109(a)(1), substituted ‘‘program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.)’’ for
‘‘plan approved under part A of title IV of the Social
Security Act’’.
Subsec. (b). Pub. L. 104–193, § 806, inserted heading and
substituted ‘‘Except as otherwise provided in this chapter, the Secretary’’ for ‘‘The Secretary’’.
Subsec. (d)(5). Pub. L. 104–193, § 109(a)(2)(A), substituted ‘‘assistance under a State program funded’’ for
‘‘assistance to families with dependent children’’.
Subsec. (d)(7). Pub. L. 104–193, § 807, substituted ‘‘17’’
for ‘‘21’’.
Subsec. (d)(11). Pub. L. 104–193, § 808(a), added cl. (11)
and struck out former cl. (11) which read as follows:
‘‘any payments or allowances made for the purpose of
providing energy assistance (A) under any Federal law,
or (B) under any State or local laws, designated by the
State or local legislative body authorizing such payments or allowances as energy assistance, and determined by the Secretary to be calculated as if provided
by the State or local government involved on a seasonal basis for an aggregate period not to exceed six
months in any year even if such payments or allowances (including tax credits) are not provided on a seasonal basis because it would be administratively infeasible or impracticable to do so,’’.
Subsec. (d)(13) to (16). Pub. L. 104–193, § 109(a)(2)(B), redesignated cls. (14) to (16) as (13) to (15), respectively,
and struck out former cl. (13) which read as follows: ‘‘at
the option of a State agency and subject to subsection
(m) of this section, child support payments that are excluded under section 402(a)(8)(A)(vi) of the Social Security Act (42 U.S.C. 602(a)(8)(A)(vi)),’’.
Subsec. (e). Pub. L. 104–193, § 809(a), added subsec. (e)
and struck out former subsec. (e) which provided for deductions in computing household income for purposes
of determining eligibility and benefit levels for households containing an elderly or disabled member and determining benefit levels only for all other households.
Subsec. (g)(2). Pub. L. 104–193, § 810, added par. (2) and
struck out former par. (2) which read as follows: ‘‘The
Secretary shall, in prescribing inclusions in, and exclusions from, financial resources, follow the regulations
in force as of June 1, 1982 (other than those relating to
licensed vehicles and inaccessible resources), and shall,
in addition, include in financial resources any boats,
snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, any licensed vehicle
(other than one used to produce earned income or that
is necessary for transportation of a physically disabled
household member and any other property, real or personal, to the extent that it is directly related to the
maintenance or use of such vehicle) used for household
transportation or used to obtain or continue employment to the extent that the fair market value of any
such vehicle exceeds a level set by the Secretary, which
shall be $4,500 through August 31, 1994, $4,550 beginning
September 1, 1994, through September 30, 1995, $4,600 beginning October 1, 1995, through September 30, 1996, and
$5,000 beginning October 1, 1996, as adjusted on such
date and on each October 1 thereafter to reflect
changes in the new car component of the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of such adjustment
and rounded to the nearest $50, and, regardless of
whether there is a penalty for early withdrawal, any
savings or retirement accounts (including individual
accounts). The Secretary shall exclude from financial
resources the value of a vehicle that a household depends upon to carry fuel for heating or water for home
use when such transported fuel or water is the primary
source of fuel or water for the household.’’
Subsec. (j). Pub. L. 104–193, § 109(a)(3), substituted
‘‘program funded under part A of title IV of the Act (42
U.S.C. 601 et seq.)’’ for ‘‘plan approved under part A of
title IV of such Act (42 U.S.C. 601 et seq.)’’.
Subsec. (k)(1). Pub. L. 104–193, § 808(b)(1), in subpar.
(A), substituted ‘‘State program funded’’ for ‘‘State

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plan for aid to families with dependent children approved’’ and in subpar. (B), struck out ‘‘, not including
energy or utility-cost assistance,’’ before ‘‘under’’ in
introductory provisions.
Subsec. (k)(2)(C). Pub. L. 104–193, § 808(b)(2), added
subpar. (C) and struck out former subpar. (C) which
read as follows: ‘‘energy assistance;’’.
Subsec. (k)(2)(F) to (H). Pub. L. 104–193, § 811, redesignated subpars. (G) and (H) as (F) and (G), respectively,
and struck out former subpar. (F) which read as follows: ‘‘housing assistance payments made to a third
party on behalf of the household residing in transitional housing for the homeless;’’.
Subsec. (k)(4). Pub. L. 104–193, § 808(b)(3), added par.
(4).
Subsec. (m). Pub. L. 104–193, § 812, added subsec. (m).
Pub. L. 104–193, § 109(a)(4), struck out subsec. (m)
which read as follows: ‘‘If a State agency excludes payments from income for purposes of the food stamp program under subsection (d)(13) of this section, such
State agency shall pay to the Federal Government, in
a manner prescribed by the Secretary, the cost of any
additional benefits provided to households in such
State that arise under such program as the result of
such exclusion.’’
1994—Subsec. (f)(2)(C). Pub. L. 103–225 substituted
‘‘clauses (i), (ii), and (iii)’’ for ‘‘clauses (i), (ii), (iii), and
(iv)’’.
1993—Subsec. (d)(7). Pub. L. 103–66, § 13911, substituted
‘‘who is an elementary or secondary school student,
and who is 21 years of age or younger’’ for ‘‘who is a
student, and who has not attained his eighteenth birthday’’.
Subsec. (e). Pub. L. 103–66, § 13922(a), in cl. (1) of
fourth sentence, substituted ‘‘$200 a month for each dependent child under 2 years of age and $175 a month for
each other dependent’’ for ‘‘$160 a month for each dependent’’, and struck out ‘‘, regardless of the dependent’s age,’’ before ‘‘when such care enables a household
member to accept’’.
Pub. L. 103–66, § 13912(a)(1), in fourth sentence struck
out ‘‘: Provided, That the amount of such excess shelter
expense deduction shall not exceed $164 a month in the
forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam,
and the Virgin Islands of the United States $285, $234,
$199, and $121 a month, respectively, adjusted on October 1, 1988, and on each October 1 thereafter, to the
nearest lower dollar increment to reflect changes in
the shelter, fuel, and utilities components of housing
costs in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, as
appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the
twelve months ending the preceding June 30’’ after ‘‘deductions have been allowed’’.
Pub. L. 103–66, § 13912(b)(2), which directed amendment of subsec. (e), as amended by section 13912(b)(1) of
Pub. L. 103–66, by striking out the fifth and sixth sentences, could not be executed in view of amendment by
Pub. L. 104–193. See 1996 Amendment note above and Effective Date of 1993 Amendment note below.
Pub. L. 103–66, § 13912(b)(1), inserted new fifth and
sixth sentences: ‘‘In the 15-month period ending September 30, 1995, such excess shelter expense deduction
shall not exceed $231 a month in the 48 contiguous
States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands
of the United States, $402, $330, $280, and $171 a month,
respectively. In the 15-month period ending December
31, 1996, such excess shelter expense deduction shall not
exceed $247 a month in the 48 contiguous States and the
District of Columbia, and shall not exceed, in Alaska,
Hawaii, Guam, and the Virgin Islands of the United
States, $429, $353, $300, and $182 a month, respectively.’’
Pub. L. 103–66, § 13912(a)(2), in seventh sentence struck
out ‘‘under clause (2) of the preceding sentence’’ after
‘‘shelter expense deduction’’.
Pub. L. 103–66, § 13921, inserted at end: ‘‘Before determining the excess shelter expense deduction, all house-

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TITLE 7—AGRICULTURE

holds shall be entitled to a deduction for child support
payments made by a household member to or for an individual who is not a member of the household if such
household member was legally obligated to make such
payments, except that the Secretary is authorized to
prescribe by regulation the methods, including calculation on a retrospective basis, that State agencies shall
use to determine the amount of the deduction for child
support payments.’’
Subsec. (g)(2). Pub. L. 103–66, § 13924, inserted at end:
‘‘The Secretary shall exclude from financial resources
the value of a vehicle that a household depends upon to
carry fuel for heating or water for home use when such
transported fuel or water is the primary source of fuel
or water for the household.’’
Pub. L. 103–66, § 13923, substituted ‘‘a level set by the
Secretary, which shall be $4,500 through August 31, 1994,
$4,550 beginning September 1, 1994, through September
30, 1995, $4,600 beginning October 1, 1995, through September 30, 1996, and $5,000 beginning October 1, 1996, as
adjusted on such date and on each October 1 thereafter
to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics for the 12-month period ending on June 30 preceding the date of such adjustment and rounded to the nearest $50’’ for ‘‘$4,500’’.
Subsec. (g)(3). Pub. L. 103–66, § 13913, inserted at end:
‘‘The Secretary shall also exclude from financial resources any earned income tax credits received by any
member of the household for a period of 12 months from
receipt if such member was participating in the food
stamp program at the time the credits were received
and participated in such program continuously during
the 12-month period.’’
Subsec. (k)(1)(B). Pub. L. 103–66, § 13915, substituted
‘‘housing expenses, not including energy or utility-cost
assistance,’’ for ‘‘living expenses’’.
Subsec. (k)(2)(F). Pub. L. 103–66, § 13914, amended subpar. (F) generally. Prior to amendment, subpar. (F)
read as follows: ‘‘housing assistance payments made to
a third party on behalf of a household residing in transitional housing for the homeless in an amount equal
to 50 percent of the maximum shelter allowance provided to families not residing in such transitional housing under the States’ plan for aid to families with dependent children approved under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), if the
State agency calculates a shelter allowance to be paid
under the State plan separate and apart from payments
for other household needs even though it may be paid
in combination with other allowances in some cases;’’.
1992—Subsec. (d)(16). Pub. L. 102–265 substituted ‘‘subparagraph (A)(iii) or (B)(iv) of section 1612(b)(4) of the
Social Security Act (42 U.S.C. 1382a(b)(4))’’ for ‘‘section
1612(b)(4)(B)(iv) of the Social Security Act (42 U.S.C.
1382a(b)(4)(B)(iv))’’.
Subsec. (l). Pub. L. 102–367 substituted ‘‘section
1604(b)(1)(C) or section 1644(c)(1)(A) of title 29’’ for ‘‘section 1604(5) of title 29’’.
1991—Subsec. (a). Pub. L. 102–237, § 902, substituted
‘‘based on income criteria comparable to or more restrictive than those under subsection (c)(2) of this section, and not limited to one-time emergency payments
that cannot be provided for more than one consecutive
month,’’ for ‘‘appropriate for categorical treatment’’.
Subsec. (d)(2). Pub. L. 102–237, § 941(2)(A), made technical amendment to reference to subsection (f) of this
section involving corresponding provision of original
act.
Subsec. (d)(3)(A). Pub. L. 102–237, § 903(1)(A), substituted ‘‘awarded to a household member enrolled’’ for
‘‘to the extent that they are used for tuition and mandatory school fees (including the rental or purchase of
any equipment, materials, and supplies required to pursue the course of study involved)’’.
Subsec. (d)(3)(B). Pub. L. 102–237, § 903(1)(B), inserted
‘‘used for or’’ after ‘‘amount’’ and substituted ‘‘program, or other grantor, for tuition and mandatory fees
(including the rental or purchase of any equipment,
materials, and supplies related to the pursuit of the
course of study involved),’’ for ‘‘or program for’’.

§ 2014

Subsec. (d)(12). Pub. L. 102–40 substituted ‘‘section
5312 of title 38’’ for ‘‘section 3112 of title 38’’.
Subsec. (d)(16). Pub. L. 102–237, § 903(2), (3), added cl.
(16).
Subsec. (g)(5). Pub. L. 102–237, § 904, inserted at end ‘‘A
resource shall be so identified if its sale or other disposition is unlikely to produce any significant amount
of funds for the support of the household. The Secretary shall not require the State agency to require
verification of the value of a resource to be excluded
under this paragraph unless the State agency determines that the information provided by the household
is questionable.’’
Subsec. (h)(1). Pub. L. 102–237, § 941(2)(B), made technical amendment to references to sections 5170a and
5192 of title 42 to reflect change in reference to corresponding provision of original act.
Subsec. (j). Pub. L. 102–237, § 905, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ‘‘Notwithstanding subsections (a) through (i) of
this section, a State agency may consider the resources
of a household member who receives supplemental security income benefits under title XVI of the Social Security Act, aid to the aged, blind, or disabled under
title I, X, XIV, or XVI of the Social Security Act or
who receives benefits under a State plan approved
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) and whose income does not exceed
the applicable income standard of eligibility described
in subsection (c)(2) of this section to be exempt for purposes of satisfying the resource limitations prescribed
under subsection (g) of this section if the resources are
considered exempt for purposes of such title.’’
Subsec. (k)(2)(E). Pub. L. 102–237, § 941(2)(C), realigned
the margin.
Subsec. (k)(2)(F). Pub. L. 102–237, § 906, inserted before
semicolon at end ‘‘, if the State agency calculates a
shelter allowance to be paid under the State plan separate and apart from payments for other household
needs even though it may be paid in combination with
other allowances in some cases’’.
1990—Subsec. (a). Pub. L. 101–624, § 1714(2), inserted
after second sentence ‘‘Except for sections 2015,
2025(e)(1), and the third sentence of section 2012(i) of
this title, households in which each member receives
benefits under a State or local general assistance program that complies with standards established by the
Secretary for ensuring that the program is appropriate
for categorical treatment shall be eligible to participate in the food stamp program.’’
Pub. L. 101–624, § 1714(1), struck out ‘‘and beginning on
December 23, 1985,’’ before ‘‘households in which each
member receives’’.
Subsec. (d)(3). Pub. L. 101–624, § 1715(a)(1), inserted
‘‘(A)’’ after ‘‘the like’’ and substituted ‘‘(including the
rental or purchase of any equipment, materials, and
supplies required to pursue the course of study involved) at a recognized institution of post-secondary
education, at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or
obtaining the equivalent thereof, (B) to the extent that
they do not exceed the amount made available as an allowance determined by such school, institution, or program for books, supplies, transportation, and other
miscellaneous personal expenses (other than living expenses), of the student incidental to attending such
school, institution, or program, and (C)’’ for ‘‘at an institution of post-secondary education or school for the
handicapped, and’’.
Subsec. (d)(5). Pub. L. 101–624, § 1716, inserted ‘‘and
any allowance a State agency provides no more frequently than annually to families with children on the
occasion of those children’s entering or returning to
school or child care for the purpose of obtaining school
clothes (except that no such allowance shall be excluded if the State agency reduces monthly assistance
to families with dependent children under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)
in the month for which the allowance is provided)’’
after ‘‘household’’.

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TITLE 7—AGRICULTURE

Pub. L. 101–624, § 1715(a)(2), inserted ‘‘and’’ after
‘‘1988),’’, struck out ‘‘non-Federal’’ after ‘‘no portion of
any’’, and struck out ‘‘and no portion of any Federal
educational loan on which payment is deferred, grant,
scholarship, fellowship, veterans’ benefits, and the like
to the extent it provides income assistance beyond that
used for tuition and mandatory school fees,’’ before
‘‘shall be considered such reimbursement’’.
Subsec. (e). Pub. L. 101–624, § 1717, inserted before period at end of last sentence ‘‘, shall rely on reasonable
estimates of the member’s expected medical expenses
for the certification period (including changes that can
be reasonably anticipated based on available information about the member’s medical condition, public or
private medical insurance coverage, and the current
verified medical expenses incurred by the member), and
shall not require further reporting or verification of a
change in medical expenses if such a change has been
anticipated for the certification period’’.
Pub. L. 101–624, § 1715(b), inserted ‘‘, amounts made
available and excluded for the expenses under subsection (d)(3) of this section,’’ after ‘‘third party’’ in
fourth sentence.
Subsec. (f)(2). Pub. L. 101–624, § 1718(a), amended par.
(2) generally. Prior to amendment, par. (2) read as follows:
‘‘(A) Households not required to submit monthly reports of their income and household circumstances
under section 2015(c)(1) of this title shall have their income calculated on a prospective basis, as provided in
paragraph (3)(A).
‘‘(B) Households required to submit monthly reports
of their income and household circumstances under
section 2015(c)(1) of this title shall have their income
calculated on a retrospective basis, as provided in paragraph (3)(B), except that in the case of the first month,
or at the option of the State the first and second
months, in a continuous period in which a household is
certified, the State agency shall determine the amount
of benefits on the basis of the household’s income and
other relevant circumstances in such first or second
month.’’
Subsec. (g). Pub. L. 101–624, § 1726(b)(2), inserted before
period at end of par. (3) ‘‘and nonliquid resources necessary to allow the household to carry out a plan for
self-sufficiency approved by the State agency that constitutes adequate participation in an employment and
training program under section 2015(d) of this title’’.
Pub. L. 101–624, § 1719(1), designated first through
fourth sentences as pars. (1) to (4), respectively, and
added par. (5).
Subsec. (h)(3). Pub. L. 101–624, § 1720, added par. (3).
Subsec. (j). Pub. L. 101–624, § 1719(2), substituted ‘‘the
resources of a household member who receives supplemental security income benefits under title XVI of the
Social Security Act, aid to the aged, blind, or disabled
under title I, X, XIV, or XVI of the Social Security Act
or who receives’’ for ‘‘a household in which all members
of the household receive’’ and ‘‘be exempt for purposes
of satisfying the resource limitations prescribed under
subsection (g) of this section if the resources are considered exempt for purposes of such title’’ for ‘‘have
satisfied the resource limitations prescribed under subsection (g) of this section’’.
Subsec. (k)(2)(F). Pub. L. 101–624, § 1721, added subpar.
(F) and struck out former subpar. (F) which read as follows: ‘‘housing assistance payments made to a third
party on behalf of a household residing in temporary
housing if the temporary housing unit provided for the
household as a result of such assistance payments lacks
facilities for the preparation and cooking of hot meals
or the refrigerated storage of food for home consumption; or’’.
Subsec. (k)(2)(H). Pub. L. 101–624, § 1722, added subpar.
(H).
1988—Subsec. (a). Pub. L. 100–435, § 201, struck out
‘‘during the period’’ before ‘‘beginning on December 23,
1985’’ and ‘‘and ending on September 30, 1989’’ after ‘‘beginning on December 23, 1985,’’.
Subsec. (d)(1). Pub. L. 100–435, § 340(2), inserted ‘‘(notwithstanding its conversion in whole or in part to di-

Page 1260

rect payments to households pursuant to any demonstration project carried out or authorized under Federal law including demonstration projects created by
the waiver of provisions of Federal law)’’ after ‘‘to a
household’’.
Pub. L. 100–435, § 340(1), which directed that ‘‘and except as provided in subsection (k),’’ be struck out was
executed by striking out ‘‘except as provided in subsection (k),’’ as the probable intent of Congress.
Subsec. (d)(5). Pub. L. 100–435, § 404(f), inserted ‘‘(except for payments or reimbursements for such expenses
made under an employment, education, or training program initiated under such title after September 19,
1988)’’ after ‘‘child care expenses’’.
Subsec. (d)(8). Pub. L. 100–232 inserted ‘‘cash donations based on need that are received from one or more
private nonprofit charitable organizations, but not in
excess of $300 in the aggregate in a quarter,’’ after ‘‘or
credits,’’.
Subsec. (d)(11). Pub. L. 100–435, § 343, substituted ‘‘allowances made for the purpose of providing energy assistance (A) under any Federal law, or (B) under any
State or local laws, designated’’ for ‘‘allowances made
under (A) any Federal law for the purpose of providing
energy assistance, or (B) any State or local laws for the
purpose of providing energy assistance, designated’’.
Subsec. (d)(14). Pub. L. 100–435, § 402, added cl. (14).
Subsec. (d)(15). Pub. L. 100–435, § 403(a), added cl. (15).
Subsec. (e). Pub. L. 100–435, § 403(b), in fourth sentence
inserted ‘‘and expenses that are paid under section
2015(d)(4)(I) of this title for dependent care’’ after
‘‘third party’’ and substituted ‘‘$160 a month for each
dependent’’ for ‘‘$160 a month’’.
Pub. L. 100–435, § 351, inserted provisions at end respecting method of claiming recurring medical expense
deduction.
Subsec. (f)(1)(A). Pub. L. 100–435, § 341, inserted provisions relating to permitted averaging of income and expenses in calculation of household income from member self-employed in farming operation and substituted
‘‘first’’ for ‘‘preceding’’.
Subsec. (f)(2). Pub. L. 100–435, § 202(a), added par. (2)
and struck out former par. (2) which read as follows:
‘‘(A) Household income for—
‘‘(i) migrant farmworker households, and
‘‘(ii) households—
‘‘(I) that have no earned income, and
‘‘(II) in which all adult members are elderly or
disabled members,
shall be calculated on a prospective basis, as provided
in paragraph (3)(A).
‘‘(B) Household income for households that are permitted to report household circumstances at specified
intervals less frequent than monthly under the first
sentence of section 2015(c)(1) of this title, may, with the
approval of the Secretary, be calculated by a State
agency on a prospective basis, as provided in paragraph
(3)(A) of this subsection.
‘‘(C) Except as provided in subparagraphs (A) and (B),
household income for households that have earned income and for households that include any member who
has recent work history shall be calculated on a retrospective basis as provided in paragraph (3)(B).
‘‘(D) Household income for all other households may
be calculated, at the option of the State agency, on a
prospective basis as provided in paragraph (3)(A) or on
a retrospective basis as provided in paragraph (3)(B).’’
Subsec. (g). Pub. L. 100–435, § 342, inserted provisions
at end relating to exclusion of farm property from financial resources.
Subsec. (h). Pub. L. 100–707 substituted ‘‘sections
5170a and 5192’’ for ‘‘section 5142(a)’’.
Subsec. (k)(2)(E) to (G). Pub. L. 100–387 added subpar.
(E) and redesignated former subpars. (E) and (F) as (F)
and (G), respectively.
1987—Subsec. (c). Pub. L. 100–77, § 803(a), inserted
‘‘shall be adjusted each October 1 and’’ after first reference to ‘‘eligibility’’.
Subsec. (e). Pub. L. 100–77, § 804(a), in second sentence
substituted ‘‘(3)’’ for ‘‘and (3)’’ and ‘‘October 1, 1986’’ for
‘‘each October 1 thereafter’’, and inserted cl. (4).

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Pub. L. 100–77, § 805(a), inserted at end of third sentence ‘‘, except that such additional deduction shall
not be allowed with respect to earned income that a
household willfully or fraudulently fails (as proven in a
proceeding provided for in section 2015(b) of this title)
to report in a timely manner’’.
Pub. L. 100–77, § 806(a), amended proviso in fourth sentence generally. Prior to amendment, the proviso read
as follows: ‘‘That the amount of such excess shelter expense deduction shall not exceed $147 a month in the
forty-eight contiguous States and the District of Columbia, and shall not exceed, in Alaska, Hawaii, Guam,
and the Virgin Islands of the United States, $256, $210,
$179, and $109 a month, respectively, adjusted on October 1, 1986, and on each October 1 thereafter, to the
nearest lower dollar increment to reflect changes in
the shelter (exclusive of homeowners’ costs and maintenance and repair component of shelter costs), fuel,
and utilities components of housing costs in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics, as appropriately adjusted by the Bureau of Labor Statistics after consultation with the Secretary, for the twelve months ending
the preceding June 30.’’
Subsec. (k)(2). Pub. L. 100–77, § 807, temporarily added
subpar. (E) and redesignated former subpar. (E) as (F).
See Effective and Termination Dates of 1987 Amendment note below.
1986—Subsec. (e)(B). Pub. L. 99–500 and Pub. L. 99–591
substituted ‘‘contained in clause (1)’’ for ‘‘for the excess
shelter expense deduction contained in clause (2)’’.
1985—Subsec. (a). Pub. L. 99–198, § 1507(a)(1), inserted
sentence providing that, notwithstanding any other
provisions of this chapter except sections 2015(b),
2015(d)(2), and 2015(g) and the third sentence of section
2012(i) of this title, and during the period beginning on
December 23, 1985, and ending on September 30, 1989,
households in which each member receives benefits
under a State plan approved under part A of title IV of
the Social Security Act, supplemental security income
benefits under title XVI of the Social Security Act, or
aid to the aged, blind, or disabled under title I, X, XIV,
or XVI of the Social Security Act, shall be eligible to
participate in the food stamp program.
Subsec. (d)(1). Pub. L. 99–198, § 1508(1), inserted ‘‘except as provided in subsection (k) of this section,’’ after
‘‘payable directly to a household,’’. Such amendment
was duplicated exactly by section 1509(a)(1) of Pub. L.
99–198 except that the amendment by section 1509(a)(1)
inserted an ‘‘and’’ at beginning of phrase inserted.
Pub. L. 99–198, § 1509(a)(1), which directed that ‘‘and
except as provided in subsection (k) of this section,’’ be
inserted after ‘‘payable directly to a household,’’, was
not executed to text because it exactly duplicates the
amendment made by section 1508(1) of Pub. L. 99–198 except that the amendment by section 1508(1) of Pub. L.
99–198 does not contain the ‘‘and’’ at beginning of
phrase inserted.
Subsec. (d)(3). Pub. L. 99–198, § 1509(a)(2), substituted
‘‘post-secondary education’’ for ‘‘higher education’’ and
inserted ‘‘and to the extent loans include any obligation fees and insurance premiums,’’.
Subsec. (d)(5). Pub. L. 99–198, § 1509(a)(3), inserted ‘‘no
portion of any non-Federal educational loan on which
payment is deferred, grant, scholarship, fellowship, veterans’ benefits, and the like that are provided for living
expenses, and no portion of any Federal educational
loan on which payment is deferred, grant, scholarship,
fellowship, veterans’ benefits, and the like to the extent it provides income assistance beyond that used for
tuition and mandatory school fees,’’ after ‘‘child care
expenses,’’.
Subsec. (d)(9). Pub. L. 99–198, § 1509(a)(4), inserted
‘‘, but household income that otherwise is included
under this subsection shall be reduced by the extent
that the cost of producing self-employment income exceeds the income derived from self-employment as a
farmer’’.
Subsec. (d)(10). Pub. L. 99–198, § 1509(a)(5), inserted
‘‘except as otherwise provided in subsection (k) of this
section’’.

§ 2014

Subsec. (d)(13). Pub. L. 99–198, § 1510(1), added cl. (13).
Subsec. (e). Pub. L. 99–198, § 1511(1), substituted
‘‘homeowners’ costs and maintenance and repair component’’ for ‘‘homeownership component’’ in second
sentence.
Pub. L. 99–198, § 1511(2), substituted ‘‘20 per centum’’
for ‘‘18 per centum’’ in third sentence.
Pub. L. 99–198, § 1511(3)(B), in cl. (1) of the fourth sentence substituted ‘‘$160 a month’’ for ‘‘the same as that
for the excess shelter expense deduction contained in
clause (2) of this subsection’’.
Pub. L. 99–198, § 1511(3)(C), substituted ‘‘and (2)’’ for
‘‘, or (2)’’ in fourth sentence.
Pub. L. 99–198, § 1511(3)(A), amended proviso in cl. (2)
generally. Prior to amendment, proviso read as follows:
‘‘That the amount of such excess shelter expense deduction shall not exceed $115 a month in the forty-eight
contiguous States and the District of Columbia, and
shall not exceed, in Alaska, Hawaii, Guam, and the Virgin Islands of the United States, $200, $165, $140, and $85,
respectively, adjusted (i) on October 1, 1983, to the nearest lower dollar increment to reflect changes in the
shelter (exclusive of homeownership costs), fuel, and
utilities components of housing costs in the Consumer
Price Index for all urban consumers published by the
Bureau of Labor Statistics, as appropriately adjusted
by the Bureau of Labor Statistics after consultation
with the Secretary, for the fifteen months ending the
preceding March 31, (ii) on October 1, 1984, to the nearest lower dollar increment to reflect such changes for
the fifteen months ending the preceding June 30, and
(iii) on October 1, 1985, and each October 1 thereafter,
to the nearest lower dollar increment to reflect such
changes for the twelve months ending the preceding
June 30,’’.
Pub. L. 99–198, § 1511(3)(D), in fourth sentence struck
out ‘‘, or (3) a deduction combining the dependent care
and excess shelter expense deductions under clauses (1)
and (2) of this subsection, the maximum allowable level
of which shall not exceed the maximum allowable deduction under clause (2) of this subsection, on January
1, 1981, adjusted to the nearest $5 increment to reflect
such changes for the eighteen-month period ending the
preceding September 30, and, on January 1, 1982, adjusted to the nearest $5 to reflect such changes for the
twelve months ending the preceding September 30 and
the subsequent three months ending December 31 as
projected by the Secretary in light of the best available
data, and, on every January 1 thereafter, adjusted annually to the nearest $5 increment to reflect such
changes for the nine months ending the preceding September 30 and the subsequent three months ending December 31 projected by the Secretary in light of the
best available data’’.
Pub. L. 99–198, § 1511(4), inserted five new sentences
after the existing seventh sentence beginning, respectively, ‘‘If a State agency’’, ‘‘A State agency may use’’,
‘‘A State agency not electing’’, ‘‘For purposes of’’, and
‘‘A State agency shall allow’’, thereby repositioning existing sentence beginning ‘‘Households containing an
elderly or disabled member’’ to a new position as 13th
sentence of subsec. (e).
Subsec. (f)(1)(A). Pub. L. 99–198, § 1512, inserted sentence at end providing that notwithstanding preceding
sentence, if the averaged amount does not accurately
reflect the household’s actual monthly circumstances
because the household has experienced a substantial increase or decrease in business earnings, the State agency shall calculate the self-employment income based on
anticipated earnings.
Subsec. (f)(2)(A). Pub. L. 99–198, § 1513(a)(1), amended
subpar. (A) generally, inserting reference to households
that have no earned income and in which all adult
members are elderly or disabled members.
Subsec. (f)(2)(B). Pub. L. 99–198, § 1513(a)(2), substituted ‘‘households that are permitted to report
household circumstances at specified intervals less frequent than monthly under the first sentence of section
2015(c)(1) of this title, may, with the approval’’ for
‘‘households that (i) are permitted to report household

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TITLE 7—AGRICULTURE

circumstances at specified intervals less frequent than
monthly under section 2015(c)(1) of this title, (ii) have
no earned income and in which all adult members are
elderly or disabled members, or (iii) are any other
households, other than a migrant household, not required to report monthly or at less frequent intervals
under section 2015(c)(1) of this title, may, with the approval’’.
Subsec. (f)(2)(C). Pub. L. 99–198, § 1513(a)(3), substituted ‘‘Except as provided in subparagraphs (A) and
(B), household income for households that have earned
income and for households that include any member
who has recent work history shall be calculated on a
retrospective basis as provided in paragraph (3)(B)’’ for
‘‘Household income for all other households shall be
calculated on a retrospective basis as provided in paragraph (3)(B)’’.
Subsec. (f)(2)(D). Pub. L. 99–198, § 1513(a)(3), added subpar. (D).
Subsec. (g). Pub. L. 99–198, § 1514(1), substituted
‘‘$2,000, or, in the case of a household which consists of
or includes a member who is 60 years of age or older,
if its resources exceed $3,000’’ for ‘‘$1,500, or, in the case
of a household consisting of two or more persons, one
of whom is age 60 or over, if its resources exceed
$3,000’’.
Pub. L. 99–198, § 1514(2), (3), inserted in second sentence ‘‘and inaccessible resources’’ after ‘‘relating to licensed vehicles’’ and ‘‘and any other property, real or
personal, to the extent that it is directly related to the
maintenance or use of such vehicle’’ after ‘‘physically
disabled household member’’, and inserted provision directing the Secretary to exclude from financial resources the value of a burial plot for each member of a
household.
Subsec. (h)(2). Pub. L. 99–198, § 1515, amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘The Secretary shall establish a Food Stamp Disaster
Task Force, to assist States in implementing and operating the disaster program, which shall be available to
go into a disaster area and provide direct assistance to
State and local officials.’’
Subsec. (k)(1), (2). Pub. L. 99–198, § 1508(2), added subsec. (k) consisting of pars. (1) and (2).
Subsec. (k)(3). Pub. L. 99–198, § 1509(b), added par. (3).
Subsec. (l). Pub. L. 99–198, § 1509(c), added subsec. (l).
Subsec. (m). Pub. L. 99–198, § 1510(2), added subsec.
(m).
1983—Subsec. (f)(2). Pub. L. 98–204 added subpar. (B),
and redesignated former subpar. (B) as (C).
1982—Subsec. (c). Pub. L. 97–253, §§ 145(c), 146(a), substituted provisions that the income standards of eligibility shall render a household ineligible for food
stamps if the household’s income, after certain exclusions and deductions, exceeds the poverty line, or, in
the case of a household not including an elderly or disabled member (after the exclusions provided for in subsec. (d) but before the deductions provided for in subsec. (e)) exceeds such poverty line by more than 30 per
centum, for former provisions that the income standards of eligibility were, for households containing a
member who was sixty years of age or over or a member who received supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under titles I, II, X,
XIV, and XVI of the Social Security Act, 100 per centum, and for all other households, 130 per centum, of
the nonfarm income poverty guidelines prescribed by
the Office of Management and Budget adjusted annually pursuant to section 2971d of title 42, for the fortyeight States and the District of Columbia, Alaska, Hawaii, the Virgin Islands of the United States, and
Guam, respectively.
Subsec. (d)(12). Pub. L. 97–253, § 147, added cl. (12).
Subsec. (e). Pub. L. 97–253, §§ 143(b), 145(d), 146(b), 148,
149, in first sentence substituted reference for households containing an elderly or disabled member for reference to households described in subsec. (c)(1) of this
section, substituted reference to October 1, 1983, for reference to July 1, 1983, and reference to the nearest

Page 1262

lower dollar increment for reference to the nearest $5
increment, respectively, wherever appearing in second
sentence and in the proviso of cl. (2) of fourth sentence,
respectively, in fourth and seventh sentences and in
par. (A) substituted reference to elderly or disabled
members for references to members who were sixty
years of age or over or who received supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under titles I, II, X, XIV, and XVI of the Social Security Act,
in par. (B) substituted reference to the fourth sentence
of this subsection for former reference to the preceding
sentence of this subsection, and inserted provisions
that in computing the excess shelter expense deduction
under cl. (2) of the preceding sentence, a State agency
may use a standard utility allowance in accordance
with regulations promulgated by the Secretary, except
that a State agency may use an allowance which does
not fluctuate within a year to reflect seasonal variations, and that an allowance for a heating or cooling
expense may not be used for a household that does not
incur a heating or cooling expense, as the case may be,
or does incur a heating or cooling expense but is located in a public housing unit which has central utility
meters and charges households, with regard to such expense, only for excess utility costs, and that no such allowance may be used for a household that shares such
expense with, and lives with, another individual not
participating in the food stamp program, another
household participating in the food stamp program, or
both, unless the allowance is prorated between the
household and the other individual, household, or both.
Subsec. (f)(2)(A). Pub. L. 97–253, § 189(a), corrected a
typographical error by substituting ‘‘prospective’’ for
‘‘propsective’’.
Subsec. (f)(4). Pub. L. 97–253, § 150, inserted ‘‘(except
the provisions of paragraph (2)(A))’’ after ‘‘of this subsection’’.
Subsec. (g). Pub. L. 97–253, §§ 151, 152(a), substituted
‘‘June 1, 1982’’ for ‘‘June 1, 1977’’, substituted ‘‘any licensed vehicle’’ for ‘‘and any licensed vehicle’’, struck
out the designation ‘‘(1)’’ before ‘‘include in financial
resources’’, substituted ‘‘$4,500, and, regardless of
whether there is a penalty for early withdrawal, any
savings or retirement accounts (including individual
accounts).’’ for ‘‘$4,500,’’ and struck out provision requiring the Secretary to study and develop means of
improving the effectiveness of the resource requirements adopted under this subsection in limiting participation to households in need of food assistance, and
implement and report the results of such study and the
Secretary’s plans to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate no
later than June 1, 1978.
Subsec. (j). Pub. L. 97–253, § 153, added subsec. (j).
1981—Subsec. (b). Pub. L. 97–35, § 116(a)(1), struck out
reference to Puerto Rico.
Subsec. (c). Pub. L. 97–35, §§ 104(a)(1), 116(a)(1), added
cls. (1) and (2) and struck out reference to Puerto Rico.
Subsec. (d). Pub. L. 97–98, §§ 1305, 1306, inserted in cl.
(5) a proviso that no portion of benefits provided under
title IV–A of the Social Security Act, to the extent it
is attributable to an adjustment for work-related or
child care expenses, be considered such reimbursement,
substituted in cl. (10) ‘‘any other Federal law’’ for ‘‘any
other law’’, and inserted in cl. (11) provision requiring
that State and local laws be designated as energy assistance and determined by the Secretary to be calculated as if provided on a seasonal basis for an aggregate period not to exceed six months in any year even
if not so provided on such basis.
Pub. L. 97–35, §§ 107(c), 2611, struck out ‘‘(2)’’ after
‘‘(f)’’ in cl. (2), struck out cl. (10) relating to increased
home energy costs during fiscal year 1981, and redesignated cl. (11), relating to income specifically excluded
from consideration by any other law, as cl. (10).
Subsec. (e). Pub. L. 97–98, § 1307, inserted ‘‘, with respect to expenses other than expenses paid on behalf of
the household by a third party,’’ after ‘‘entitled’’ in two
places.

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Pub. L. 97–35, §§ 104(a)(2), 105, 106, 115, 116(a)(1), completely revised and reorganized provisions to provide
for computation of standard deduction of $85 per month
instead of standard deduction of $60 per month and accompanying determinations respecting adjustments,
applicability, etc., for computation.
Subsec. (f). Pub. L. 97–35, § 107(a), completely revised
and reorganized provisions to provide for calculation of
household income through a prospective or retrospective basis instead of calculation of household income
by the State agency, and accompanying determination
respecting criteria, methodologies, etc., for calculation.
Subsec. (f)(2)(B). Pub. L. 97–35, § 107(b), substituted
provisions requiring calculation on a retrospective
basis, for provisions requiring calculation on either a
retrospective or prospective basis as elected by the
State agency.
Subsec. (g). Pub. L. 97–98, § 1309, inserted ‘‘(other than
those relating to licensed vehicles)’’ after ‘‘June 1,
1977’’.
Subsec. (i). Pub. L. 97–98, § 1308, added subsec. (i).
1980—Subsec. (c). Pub. L. 96–249, § 137, struck out provisions requiring that the income poverty guidelines
for the period commencing July 1, 1978, be made as up
to date as possible by multiplying the income poverty
guidelines for 1977 by the change between the average
1977 Consumer Price Index and the Consumer Price
Index for March 1978, utilizing the most current procedures which have been used by the Office of Management and Budget, and that the income poverty guidelines for future periods be similarly adjusted.
Subsec. (d). Pub. L. 96–249, §§ 102, 112, inserted in cl. (2)
‘‘subject to modification by the Secretary in light of
subsection (f)(2) of this section,’’ after ‘‘quarter,’’ and
added cl. (11), relating to energy assistance payments
or allowances.
Pub. L. 96–223 added cl. (10) and redesignated former
cl. (10), relating to income specifically excluded from
consideration by any other law, as cl. (11).
Subsec. (e). Pub. L. 96–249, §§ 103, 136, substituted provisions requiring that the standard deduction be adjusted every Jan. 1 to the nearest $5 to reflect changes
in the Consumer Price Index for all urban consumers
for items other than food for the last 12 months ending
the preceding Sept. 30 for provisions requiring that the
standard deduction be adjusted every July 1 and Jan. 1
and provisions requiring that the excess shelter expense deduction be adjusted every Jan. 1 to the nearest
$5 increment to reflect changes in the shelter, fuel, and
utilities components of housing costs in the Consumer
Price Index for all urban consumers for provisions requiring that the excess shelter expense deduction be adjusted annually as of July 1.
Pub. L. 96–249, §§ 104, 105, increased monthly maximum deduction per household for dependent care expenses related to employment, or employment related
training or education from $75 to $90, decreased the
threshold amount of the excess medical expense for the
elderly, blind, and disabled from $35 to $25, and extended availability of the excess medical expense deduction to blind and disabled persons and their spouses
in Puerto Rico, Guam, and the Virgin Islands, when
they receive cash welfare payments through programs
equivalent to the Social Security Income program. See
Repeals note below.
Subsec. (f). Pub. L. 96–249, § 107, inserted provisions
giving States the option of determining program eligibility and benefits by using income received in a previous month, following standards prescribed by the
Secretary.
Subsec. (g). Pub. L. 96–249, §§ 108, 138, substituted
‘‘$1,500’’ for ‘‘$1,750’’, inserted ‘‘or that is necessary for
transportation of a physically disabled household member’’ after ‘‘used to produce earned income’’, and struck
out ‘‘or to transport disabled household members’’
after ‘‘or continue employment’’.
1979—Subsec. (e). Pub. L. 96–58 inserted provisions allowing for an excess medical expense deduction, a dependent care deduction, and an excess shelter expense

§ 2014

deduction for elderly persons and persons receiving
supplemental security income benefits or disability
payments under the Social Security Act.
1977—Subsec. (a). Pub. L. 95–113 substituted reference
to a more nutritious diet for reference to a nutritionally adequate diet, inserted provision that assistance
under the program be furnished to all eligible households making application for participation, inserted
reference to other financial resources held singly or in
joint ownership, and struck out provisions excepting
the limitation of the section in the case of disaster victims.
Subsec. (b). Pub. L. 95–113 inserted parenthetical reference to income standards for Alaska, Hawaii, Guam,
Puerto Rico, and the Virgin Islands of the United
States established pursuant to subsecs. (c) and (e) of
this section, inserted provision that no State agency
may impose standards for participation in the program
additional to those meeting the eligibility standards
established by the Secretary, and struck out provisions
that had dealt with specific areas of income and financial resources for eligible households. See subsecs. (d)
to (h).
Subsec. (c). Pub. L. 95–113 substituted provisions covering guidelines with regard to income standards for
provisions covering employment of able-bodied adults
in eligible households.
Subsec. (d). Pub. L. 95–113 substituted provisions
specifying the specific items making up household income for provisions that required that the Secretary
establish uniform national standards.
Subsecs. (e) to (h). Pub. L. 95–113 added subsecs. (e) to
(h).
1973—Subsec. (b). Pub. L. 93–86, § 3(g), (h), inserted
provisos relating to payments in kind received from an
employer by members of a household as bearing upon
the promulgation of uniform national standards, provision limiting the authority of the Secretary to establish temporary emergency standards of eligibility to
the duration of the emergency, and the provision authorizing such standards for households that are victims of a mechanical disaster disrupting the distribution of coupons.
Subsec. (c). Pub. L. 93–86, § 3(e), inserted definition of
‘‘able-bodied adult person’’.
Subsec. (d). Pub. L. 93–86, § 3(d), added subsec. (d).
1971—Subsec. (a). Pub. L. 91–671 inserted introductory
phrase ‘‘Except for the temporary participation of
households that are victims of a disaster as provided in
subsection (b) of this section’’ and provision respecting
other financial resources as being a limitation factor
and substituted ‘‘in permitting them to purchase’’ for
‘‘in the attainment of’’.
Subsec. (b). Pub. L. 91–671 substituted provisions for
establishment of uniform national standards of eligibility for participation by households in the food stamp
program and minimum criteria of eligibility, ineligibility of any household which includes a member
claimed as a dependent child for Federal income tax
purposes by a taxpayer who is not a member of an eligible household, temporary emergency standards of eligibility, and special standards of eligibility and coupon
allotment schedules in Puerto Rico and the Virgin Islands, not exceeding standards of eligibility or coupon
allotment schedules of the States for prior establishment of standards of eligibility by the State agency, including maximum income limitations and limitation
on resources to be allowed eligible households, and approval of such standards by the Secretary.
Subsec. (c). Pub. L. 91–671 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.

§ 2014

TITLE 7—AGRICULTURE

Pub. L. 113–79, title IV, § 4006(c), Feb. 7, 2014, 128 Stat.
787, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
this section [amending this section and section 8624 of
Title 42, The Public Health and Welfare] and the
amendments made by this section shall—
‘‘(A) take effect 30 days after the date of enactment
of this Act [Feb. 7, 2014]; and
‘‘(B) apply with respect to certification periods that
begin after that date.
‘‘(2) STATE OPTION TO DELAY IMPLEMENTATION FOR CURRENT RECIPIENTS.—A State may, at the option of the
State, implement a policy that eliminates or reduces
the effect of the amendments made by this section on
households that received a standard utility allowance
as of the date of enactment of this Act, for not more
than a 5-month period beginning on the date on which
the amendments would otherwise apply to the respective household.’’
Pub. L. 113–79, title IV, § 4008(c), Feb. 7, 2014, 128 Stat.
788, provided that: ‘‘The amendments made by this section [amending this section and section 2015 of this
title] shall not apply to a conviction if the conviction
is for conduct occurring on or before the date of enactment of this Act [Feb. 7, 2014].’’
Pub. L. 113–79, title IV, § 4022(c)(1), Feb. 7, 2014, 128
Stat. 808, provided that: ‘‘The amendments made by
this section [amending this section and sections 2025
and 2026 of this title] (other than the amendments
made by subsection (a)(2) [amending section 2025 of this
title]) shall apply beginning on the date of enactment
of this Act [Feb. 7, 2014].’’
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(2), 4101–4104,
and 4115(b)(3) of Pub. L. 110–246 effective Oct. 1, 2008, see
section 4407 of Pub. L. 110–246, set out as a note under
section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4108(b), May 13, 2002, 116
Stat. 309, provided that: ‘‘The amendments made by
this section [amending this section] take effect on the
date of enactment of this Act [May 13, 2002].’’
Pub. L. 107–171, title IV, § 4401(b)(3), May 13, 2002, 116
Stat. 333, provided that: ‘‘The amendments made by
this subsection [amending this section and sections
1612, 1613, and 1631 of Title 8, Aliens and Nationality]
take effect on October 1, 2003.’’
Amendment by sections 4101–4107 and 4112(b)(2) of
Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise
provided, see section 4405 of Pub. L. 107–171, set out as
an Effective Date note under section 1161 of Title 2, The
Congress.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–387, § 1(a) [title VIII, § 846(b)], Oct. 28, 2000,
114 Stat. 1549, 1549A–66, provided that:
‘‘(1) Except as provided in paragraph (2), the amendment made by this section [amending this section]
shall take effect on March 1, 2001.
‘‘(2) The amendment made by this section shall not
apply with respect to certification periods beginning
before March 1, 2001.’’
Pub. L. 106–387, § 1(a) [title VIII, § 847(b)], Oct. 28, 2000,
114 Stat. 1549, 1549A–66, provided that:
‘‘(1) Except as provided in paragraph (2), the amendments made by this section [amending this section]
shall take effect on July 1, 2001.
‘‘(2) The amendments made by this section shall not
apply with respect to certification periods beginning
before July 1, 2001.’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, § 405(d)(2)(A)]
of Pub. L. 105–277 effective Oct. 21, 1998, and amendment

Page 1264

by section 101(f) [title VIII, § 405(f)(2)(A)] of Pub. L.
105–277 effective July 1, 2000, see section 101(f) [title
VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a
note under section 3502 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 109(a) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 13923 of Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993,
see section 13971(a) of Pub. L. 103–66, set out as a note
under section 2025 of this title.
Amendment by section 13912(a), (b)(1) of Pub. L.
103–66 effective, and to be implemented beginning on,
July 1, 1994, see section 13971(b)(3) of Pub. L. 103–66, set
out as a note under section 2025 of this title.
Amendment by sections 13911, 13913 to 13915, 13922(a),
and 13924 of Pub. L. 103–66 effective, and to be implemented beginning on, Sept. 1, 1994, see section
13971(b)(4) of Pub. L. 103–66, set out as a note under section 2025 of this title.
Amendment by section 13921 of Pub. L. 103–66 effective, and to be implemented beginning on, Sept. 1, 1994,
except that State agencies to implement such amendment not later than Oct. 1, 1995, see section 13971(b)(5)
of Pub. L. 103–66, set out as a note under section 2025 of
this title.
Amendment by section 13912(b)(2) of Pub. L. 103–66, effective, and to be implemented beginning on, Jan. 1,
1997, see section 13971(b)(6) of Pub. L. 103–66, set out as
a note under section 2025 of this title.
EFFECTIVE DATE OF 1992 AMENDMENTS
Amendment by Pub. L. 102–367 effective July 1, 1993,
see section 701(a) of Pub. L. 102–367, formerly set out as
a note under section 1501 of Title 29, Labor.
Pub. L. 102–265, § 1(b), Mar. 26, 1992, 106 Stat. 90, as
amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D),
(2)(OO), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246,
§ 4(a), title IV, § 4002(b)(1)(B), (D), (2)(OO), June 18, 2008,
122 Stat. 1664, 1857, 1859, provided that:
‘‘(1) IN GENERAL.—The amendment made by subsection (a) [amending this section] shall take effect on
the earlier of—
‘‘(A) December 13, 1991;
‘‘(B) October 1, 1990, for supplemental nutrition assistance program benefits households for which the
State agency knew, or had notice, that a member of
the household had a plan for achieving self-support as
provided under section 1612(b)(4)(A)(iii) of the Social
Security Act (42 U.S.C. 1382a(b)(4)(A)(iii)); or
‘‘(C) beginning on the date that a fair hearing was
requested under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) contesting the denial of an exclusion for supplemental nutrition assistance program
benefits purposes for amounts necessary for the fulfillment of such a plan for achieving self-support.
‘‘(2) LIMITATION ON APPLICATION OF SECTION.—Notwithstanding section 11(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(b)), no State agency shall be required
to search its files for cases to which the amendment
made by subsection (a) applies, except where the excludability of amounts described in section 5(d)(16) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)(16))
was raised with the State agency prior to December 13,
1991.’’

Page 1265

TITLE 7—AGRICULTURE

EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 902, 903(1), (2), 904–906, and
941(2) of Pub. L. 102–237 effective and to be implemented
no later than Feb. 1, 1992, and amendment by section
903(3) of Pub. L. 102–237 effective on the earlier of Dec.
13, 1991, Oct. 1, 1990, for certain supplemental nutrition
assistance program benefits households, or beginning
on date of request for hearing where exclusion of certain amounts for supplemental nutrition assistance
program benefits purposes was denied, with limitation
on application of amendment, see section 1101(d)(1), (2)
of Pub. L. 102–237, set out as a note under section 1421
of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 1714(1), 1715, 1717, 1719, 1720,
and 1726(b)(2) of Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated
not later than Oct. 1, 1991, amendment by section
1714(2) of Pub. L. 101–624 effective and implemented first
day of month beginning 120 days after promulgation of
implementing regulations to be promulgated not later
than Oct. 1, 1991, in case of State general assistance
program, and Apr. 1, 1992, in case of local general assistance program, amendment by sections 1716 and 1722
of Pub. L. 101–624 effective and implemented first day of
month beginning 120 days after promulgation of implementing regulations to be promulgated not later than
Apr. 1, 1991, amendment by section 1718(a) of Pub. L.
101–624 effective Nov. 28, 1990, and amendment by section 1721 of Pub. L. 101–624 effective Oct. 1, 1990, see section 1781 of Pub. L. 101–624, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by sections 201, 202(a), 403, and 404(f) of
Pub. L. 100–435 to be effective and implemented on Oct.
1, 1988, amendment by sections 340 to 342 and 351 of Pub.
L. 100–435 to be effective and implemented on July 1,
1989, amendment by section 343 of Pub. L. 100–435 to be
effective and implemented on Sept. 19, 1988, and amendment by section 402 of Pub. L. 100–435 to be effective
and implemented on Jan. 1, 1989, except that amendment by sections 201, 341, 342, 351, 402, 403, and 404(f) of
Pub. L. 100–435 to become effective and implemented on
Oct. 1, 1989, if final order is issued under section 902(b)
of Title 2, The Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under section 901(a)(3)(A) of Title 2, see section
701(a), (b)(1), (2), (4), (c)(2) of Pub. L. 100–435, set out as
a note under section 2012 of this title.
Pub. L. 100–387, title V, § 501(b), Aug. 11, 1988, 102 Stat.
960, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(JJ), May 22, 2008, 122 Stat. 1096, 1098;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(JJ),
June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘(1) The amendments made by this section [amending
this section] shall take effect on the date of enactment
of this Act [Aug. 11, 1988].
‘‘(2) The amendments made by this section shall not
apply with respect to allotments issued under the Food
and Nutrition Act of 2008 [this chapter] to any household for any month beginning before the effective period of this section begins.’’
Pub. L. 100–232, § 2(b), Jan. 5, 1988, 101 Stat. 1566, provided that:
‘‘(1) EFFECTIVE DATE.—Except as provided in paragraph (2), the amendment made by this section [amending this section] shall become effective upon the date of
enactment of this Act [Jan. 5, 1988].
‘‘(2) APPLICATION OF AMENDMENT.—The amendment
made by this section shall not apply with respect to allotments issued under the Food Stamp Act of 1977 [now
the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq.]
to any household for any month beginning before the
date of enactment of this Act.’’

§ 2014

EFFECTIVE AND TERMINATION DATES OF 1987
AMENDMENT
Pub. L. 100–77, title VIII, § 803(b), July 22, 1987, 101
Stat. 534, provided that: ‘‘The amendment made by this
section [amending this section] shall become effective
on July 1, 1988.’’
Pub. L. 100–77, title VIII, § 804(b), July 22, 1987, 101
Stat. 534, provided that: ‘‘The amendments made by
this section [amending this section] shall become effective on October 1, 1987.’’
Pub. L. 100–77, title VIII, § 805(b), July 22, 1987, 101
Stat. 535, provided that:
‘‘(1) The amendment made by this section [amending
this section] shall become effective and shall be implemented 45 days after the date of enactment of this Act
[July 22, 1987].
‘‘(2) The amendment made by this section shall not
apply with respect to allotments issued under the Food
Stamp Act of 1977 [now the Food and Nutrition Act of
2008, 7 U.S.C. 2011 et seq.] to any household for any
month beginning before the effective date of the
amendment.’’
Pub. L. 100–77, title VIII, § 806(b), July 22, 1987, 101
Stat. 535, provided that:
‘‘(1) The amendment made by this section [amending
this section] shall become effective on October 1, 1987.
‘‘(2) The amendment made by this section shall not
apply with respect to an allotment issued under the
Food Stamp Act of 1977 [now the Food and Nutrition
Act of 2008, 7 U.S.C. 2011 et seq.] to a household for a
certification period beginning before October 1, 1987.’’
Pub. L. 100–77, title VIII, § 807(b), July 22, 1987, 101
Stat. 535, as amended by Pub. L. 101–220, § 10, Dec. 12,
1989, 103 Stat. 1882; Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(E), May 22, 2008, 122 Stat. 1096, 1097;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(E),
June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that:
‘‘(1) The amendments made by this section [amending
this section] shall be effective and shall be implemented for the period beginning 90 days after the date
of enactment of this Act [July 22, 1987] and ending September 30, 1990.
‘‘(2) The Secretary shall adjust the level of benefits
provided to households under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) during the period between September 30, 1989 and the effective date of this
paragraph [Dec. 12, 1989] to ensure that the level of such
benefits is no less than the level determined in accordance with the provisions of section 5(k)(2)(F) of the
Food and Nutrition Act of 2008 [7 U.S.C. 2014(k)(2)(F)].
‘‘(3) The amendments made by this section shall not
apply with respect to allotments issued under the Food
and Nutrition Act of 2008 [this chapter] to any household for any month beginning before the effective period of this section begins.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–500, § 101(a) [title VI, § 638(b)], Oct. 18, 1986,
100 Stat. 1783, 1783–35, and Pub. L. 99–591, § 101(a) [title
VI, § 638(b)], Oct. 30, 1986, 100 Stat. 3341, 3341–35, provided
that:
‘‘(1) Except as provided in paragraphs (2) and (3), the
amendment made by subsection (a) [amending this section] shall become effective 30 days after the date of enactment of this Act [Oct. 18, 1986].
‘‘(2) Except as provided in paragraph (3), the amendment made by subsection (a) shall not apply to an allotment issued to any eligible household under the
Food Stamp Act of 1977 [now the Food and Nutrition
Act of 2008] (7 U.S.C. 2011 et seq.) for any month beginning before the effective date of this subsection.
‘‘(3) If a State elected before the date of enactment of
this Act to compute household income in accordance
with section 5(e) of the Food Stamp Act of 1977 [now
the Food and Nutrition Act of 2008] (7 U.S.C. 2014(e)) (as
amended by subsection (a)), the amendment made by
subsection (a) shall become effective on May 1, 1986.’’
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–198, title XV, §§ 1511(2), (3), 1514(1), Dec. 23,
1985, 99 Stat. 1570, 1572, provided that the amendments

§ 2014a

TITLE 7—AGRICULTURE

made by sections 1511(2), (3) and 1514(1) are effective
May 1, 1986.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by Pub. L. 97–35, except section 107(b) of
Pub. L. 97–35 (which amended this section), effective on
earlier of Sept. 8, 1982, or date such amendment became
effective pursuant to section 117 of Pub. L. 97–35, set
out as a note under section 2012 of this title, see section
192(a) of Pub. L. 97–253, set out as a note under section
2012 of this title.
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title. See section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
Pub. L. 97–35, title I, § 116(a), Aug. 13, 1981, 95 Stat. 364,
provided that the amendment made by section 116(a) is
effective July 1, 1982.
Amendment by sections 104(a), 105, 106, 107(a), (c), and
115 of Pub. L. 97–35 effective and implemented upon
such dates as Secretary of Agriculture may prescribe,
taking into account need for orderly implementation,
see section 117 of Pub. L. 97–35, set out as a note under
section 2012 of this title.
Pub. L. 97–35, title I, § 107(b), Aug. 13, 1981, 95 Stat. 361,
provided that the amendment made by section 107(b) is
effective Oct. 1, 1983.
Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat.
902, provided that the amendment made by section 2611
is effective Oct. 1, 1981.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–249, title I, §§ 104–106, May 26, 1980, 94 Stat.
358, provided that the amendments made by sections
104 to 106 are effective Oct. 1, 1981.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–58 to be implemented in all
States by Jan. 1, 1980, but not to affect the rights or liabilities of Secretary, States, and applicant or participant households under provisions of this chapter as in
effect on July 1, 1979, until implemented, see section
10(a) of Pub. L. 96–58, set out as a note under section
2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendments made by section
1301 are effective Oct. 1, 1977.
INAPPLICABILITY OF SUBSECTION (j) BETWEEN
DECEMBER 23, 1985, AND SEPTEMBER 30, 1989
Pub. L. 99–198, title XV, § 1507(a), Dec. 23, 1985, 99 Stat.
1568, provided that during the period beginning on Dec.
23, 1985, and ending on Sept. 30, 1989, subsec. (j) of this
section would not apply.
REPEALS
Sections 104 and 105 of Pub. L. 96–249, cited as a credit
to this section, were repealed by Pub. L. 97–35, title I,
§ 115, Aug. 13, 1981, 95 Stat. 364.
Section 313(c)(2) of Pub. L. 96–223, cited as a credit to
this section, was repealed by Pub. L. 97–35, title XXVI,
§ 2611, Aug. 13, 1981, 95 Stat. 902, effective Oct. 1, 1981.
CALCULATION OF HOUSEHOLD INCOME
Pub. L. 101–624, title XVII, § 1718(b), Nov. 28, 1990, 104
Stat. 3785, as amended by Pub. L. 110–234, title IV,

Page 1266

§ 4002(b)(1)(B), (2)(KK), May 22, 2008, 122 Stat. 1096, 1098;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(KK),
June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, during the period beginning October 1, 1988,
and ending on the first day of the first month beginning at least 120 days after the date of enactment of
this Act [Nov. 28, 1990], a State agency may elect to implement the amendment to section 5(f)(2) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(f)(2)) made by
section 202(a) of the Hunger Prevention Act of 1988
(Public Law 100–435; 102 Stat. 1656) (with respect to the
requirement that income be calculated on a prospective
basis in the case of households that are not required to
report monthly on their income and household circumstances).
‘‘(2) PAYMENT ERROR RATES.—Notwithstanding section
16(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c)), during the period referred to in paragraph (1),
errors resulting solely from implementation by a State
agency of the amendment referred to in paragraph (1)
shall not be included in payment error rates determined under section 16(c) of such Act.’’
STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON
IMPLEMENTATION OF AMENDMENT TO SUBSECTION (a)
BY PUB. L. 99–198
Pub. L. 99–198, title XV, § 1507(c), Dec. 23, 1985, 99 Stat.
1568, directed the Secretary of Agriculture to evaluate
the implementation of the amendment made to subsec.
(a) of this section by Pub. L. 99–198, § 1507(a), and submit a report summarizing the results of such evaluation to Committees of Congress not later than 2 years
after Dec. 23, 1985.
STUDY AND REPORT RESPECTING RESTRICTING BENEFITS
OF FOOD STAMP PROGRAM BASED ON VALUE OF ASSETS OF PARTICIPANTS
Pub. L. 96–243, May 16, 1980, 94 Stat. 345, directed the
Department of Agriculture to study the effects of regulations which would limit benefits to participants in
the food stamp program based upon value of the participants’ assets, to recommend an appropriate level of
asset value which would deny or reduce benefits to a
participant and analyze the impacts of such a restriction, to consider appropriate exemptions to this restriction, to analyze the administrative burden which
this will impose upon the States, and to report to Congress its findings in this matter not later than Jan. 15,
1981.
STUDY AND REPORT OF IMPACT AND ADVISABILITY OF
COUNTING FOR INCOME ELIGIBILITY IN FOOD STAMP
PROGRAM EDUCATIONAL LOANS, ETC. RECEIVED BY INDIVIDUAL OR HOUSEHOLD
Pub. L. 96–243, May 16, 1980, 94 Stat. 345, provided for
the Secretary of Agriculture to study the impact and
advisability of counting, for the purposes of income in
determining eligibility: all educational loans on which
payment is deferred; grants, fellowships, scholarships,
and veteran’s educational benefits used for the payment of tuition and mandatory fees at any educational
institution of higher learning; and all housing subsidies
including, but not limited to payments made by an outside party on behalf of an individual or household, and
further provided for the Department of Agriculture to
report to Congress its findings in this matter not later
than Jan. 15, 1981.

§ 2014a. Notice of change in State of residence of
certified household
Beginning on May 5, 2017, in fiscal year 2017
and each fiscal year hereafter, notwithstanding
any other provision of law, a household certified
to participate in the Supplemental Nutrition
Assistance Program is required to report in a
manner prescribed by the Secretary if the
household no longer resides in the State in
which it is certified.

Page 1267

TITLE 7—AGRICULTURE

(Pub. L. 115–31, div. A, title VII, § 744, May 5,
2017, 131 Stat. 175.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017, and also as
part of the Consolidated Appropriations Act, 2017, and
not as part of the Food and Nutrition Act of 2008 which
comprises this chapter.

§ 2015. Eligibility disqualifications
(a) Additional specific conditions rendering individuals ineligible
In addition to meeting the standards of eligibility prescribed in section 2014 of this title,
households and individuals who are members of
eligible households must also meet and comply
with the specific requirements of this section to
be eligible for participation in the supplemental
nutrition assistance program.
(b) Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable
procedures
(1) Any person who has been found by any
State or Federal court or administrative agency
to have intentionally (A) made a false or misleading statement, or misrepresented, concealed
or withheld facts, or (B) committed any act that
constitutes a violation of this chapter, the regulations issued thereunder, or any State statute,
for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program
benefits shall, immediately upon the rendering
of such determination, become ineligible for further participation in the program—
(i) for a period of 1 year upon the first occasion of any such determination;
(ii) for a period of 2 years upon—
(I) the second occasion of any such determination; or
(II) the first occasion of a finding by a Federal, State, or local court of the trading of a
controlled substance (as defined in section
802 of title 21) for benefits; and
(iii) permanently upon—
(I) the third occasion of any such determination;
(II) the second occasion of a finding by a
Federal, State, or local court of the trading
of a controlled substance (as defined in section 802 of title 21) for benefits;
(III) the first occasion of a finding by a
Federal, State, or local court of the trading
of firearms, ammunition, or explosives for
benefits; or
(IV) a conviction of an offense under subsection (b) or (c) of section 2024 of this title
involving an item covered by subsection (b)
or (c) of section 2024 of this title having a
value of $500 or more.
During the period of such ineligibility, no household shall receive increased benefits under this
chapter as the result of a member of such household having been disqualified under this subsection.
(2) Each State agency shall proceed against an
individual alleged to have engaged in such activ-

§ 2015

ity either by way of administrative hearings,
after notice and an opportunity for a hearing at
the State level, or by referring such matters to
appropriate authorities for civil or criminal action in a court of law.
(3) Such periods of ineligibility as are provided
for in paragraph (1) of this subsection shall remain in effect, without possibility of administrative stay, unless and until the finding upon
which the ineligibility is based is subsequently
reversed by a court of appropriate jurisdiction,
but in no event shall the period of ineligibility
be subject to review.
(4) The Secretary shall prescribe such regulations as the Secretary may deem appropriate to
ensure that information concerning any such determination with respect to a specific individual
is forwarded to the Office of the Secretary by
any appropriate State or Federal entity for the
use of the Secretary in administering the provisions of this section. No State shall withhold
such information from the Secretary or the Secretary’s designee for any reason whatsoever.
(c) Refusal to provide necessary information
Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of
this title, no household shall be eligible to participate in the supplemental nutrition assistance program if it refuses to cooperate in providing information to the State agency that is
necessary for making a determination of its eligibility or for completing any subsequent review
of its eligibility.
(1)(A) A State agency may require certain
categories of households to file periodic reports of income and household circumstances
in accordance with standards prescribed by
the Secretary, except that a State agency may
not require periodic reporting—
(i) for periods shorter than 4 months by
migrant or seasonal farmworker households;
(ii) for periods shorter than 4 months by
households in which all members are homeless individuals; or
(iii) for periods shorter than 1 year by
households that have no earned income and
in which all adult members are elderly or
disabled.
(B) Each household that is not required to
file such periodic reports shall be required to
report or cause to be reported to the State
agency changes in income or household circumstances that the Secretary considers necessary to assure accurate eligibility and benefit determinations.
(C) A State agency may require periodic reporting on a monthly basis by households residing on a reservation only if—
(i) the State agency reinstates benefits,
without requiring a new application, for any
household residing on a reservation that
submits a report not later than 1 month
after the end of the month in which benefits
would otherwise be provided;
(ii) the State agency does not delay, reduce, suspend, or terminate the allotment of
a household that submits a report not later
than 1 month after the end of the month in
which the report is due;

§ 2015

TITLE 7—AGRICULTURE

(iii) on March 25, 1994, the State agency requires households residing on a reservation
to file periodic reports on a monthly basis;
and
(iv) the certification period for households
residing on a reservation that are required
to file periodic reports on a monthly basis is
2 years, unless the State demonstrates just
cause to the Secretary for a shorter certification period.
(D) FREQUENCY OF REPORTING.—
(i) IN GENERAL.—Except as provided in subparagraphs (A) and (C), a State agency may
require households that report on a periodic
basis to submit reports—
(I) not less often than once each 6
months; but
(II) not more often than once each
month.
(ii) REPORTING BY HOUSEHOLDS WITH EXCESS
INCOME.—A household required to report less
often than once each 3 months shall, notwithstanding subparagraph (B), report in a
manner prescribed by the Secretary if the
income of the household for any month exceeds the income standard of eligibility established under section 2014(c)(2) of this
title.
(2) Any household required to file a periodic
report under paragraph (1) of this subsection
shall, (A) if it is eligible to participate and has
filed a timely and complete report, receive its
allotment, based on the reported information
for a given month, within thirty days of the
end of that month unless the Secretary determines that a longer period of time is necessary, (B) have available special procedures
that permit the filing of the required information in the event all adult members of the
household are mentally or physically handicapped or lacking in reading or writing skills
to such a degree as to be unable to fill out the
required forms, (C) have a reasonable period of
time after the close of the month in which to
file their reports on State agency designed
forms, (D) be afforded prompt notice of failure
to file any report timely or completely, and
given a reasonable opportunity to cure that
failure (with any applicable time requirements
extended accordingly) and to exercise its
rights under section 2020(e)(10) of this title,
and (E) be provided each month (or other applicable period) with an appropriate, simple
form for making the required reports of the
household together with clear instructions explaining how to complete the form and the
rights and responsibilities of the household
under any periodic reporting system.
(3) Reports required to be filed under paragraph (1) of this subsection shall be considered
complete if they contain the information relevant to eligibility and benefit determinations
that is specified by the State agency. All report forms, including those related to periodic
reports of circumstances, shall contain a description, in understandable terms in prominent and bold face lettering, of the appropriate civil and criminal provisions dealing
with violations of this chapter including the
prescribed penalties. Reports required to be

Page 1268

filed monthly under paragraph (1) shall be the
sole reporting requirement for subject matter
included in such reports. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with
the Commissioner of Social Security and the
Secretary of Health and Human Services, and,
wherever feasible, households that receive assistance under title IV–A of the Social Security Act [42 U.S.C. 601 et seq.] and that are required to file comparable reports under that
Act [42 U.S.C. 301 et seq.] shall be provided the
opportunity to file reports at the same time
for purposes of this chapter and the Social Security Act.
(4) Except as provided in paragraph (1)(C),
any household that fails to submit periodic reports required by paragraph (1) shall not receive an allotment for the payment period to
which the unsubmitted report applies until
such report is submitted.
(5) The Secretary is authorized, upon the request of a State agency, to waive any provisions of this subsection (except the provisions
of the first sentence of paragraph (1) which relate to households which are not required to
file periodic reports) to the extent necessary
to permit the State agency to establish periodic reporting requirements for purposes of
this chapter which are similar to the periodic
reporting requirements established under the
State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.) in that State.
(d) Conditions of participation
(1) WORK REQUIREMENTS.—
(A) IN GENERAL.—No physically and mentally fit individual over the age of 15 and
under the age of 60 shall be eligible to participate in the supplemental nutrition assistance
program if the individual—
(i) refuses, at the time of application and
every 12 months thereafter, to register for
employment in a manner prescribed by the
Secretary;
(ii) refuses without good cause to participate in an employment and training program established under paragraph (4), to the
extent required by the State agency;
(iii) refuses without good cause to accept
an offer of employment, at a site or plant
not subject to a strike or lockout at the
time of the refusal, at a wage not less than
the higher of—
(I) the applicable Federal or State minimum wage; or
(II) 80 percent of the wage that would
have governed had the minimum hourly
rate under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1))
been applicable to the offer of employment;
(iv) refuses without good cause to provide
a State agency with sufficient information
to allow the State agency to determine the
employment status or the job availability of
the individual;
(v) voluntarily and without good cause—
(I) quits a job; or
(II) reduces work effort and, after the reduction, the individual is working less
than 30 hours per week; or

Page 1269

TITLE 7—AGRICULTURE

(vi) fails to comply with section 2029 of
this title.
(B) HOUSEHOLD INELIGIBILITY.—If an individual who is the head of a household becomes
ineligible to participate in the supplemental
nutrition assistance program under subparagraph (A), the household shall, at the option of
the State agency, become ineligible to participate in the supplemental nutrition assistance
program for a period, determined by the State
agency, that does not exceed the lesser of—
(i) the duration of the ineligibility of the
individual determined under subparagraph
(C); or
(ii) 180 days.
(C) DURATION OF INELIGIBILITY.—
(i) FIRST VIOLATION.—The first time that
an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the
individual shall remain ineligible until the
later of—
(I) the date the individual becomes eligible under subparagraph (A);
(II) the date that is 1 month after the
date the individual became ineligible; or
(III) a date determined by the State
agency that is not later than 3 months
after the date the individual became ineligible.
(ii) SECOND VIOLATION.—The second time
that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A),
the individual shall remain ineligible until
the later of—
(I) the date the individual becomes eligible under subparagraph (A);
(II) the date that is 3 months after the
date the individual became ineligible; or
(III) a date determined by the State
agency that is not later than 6 months
after the date the individual became ineligible.
(iii) THIRD OR SUBSEQUENT VIOLATION.—The
third or subsequent time that an individual
becomes ineligible to participate in the supplemental nutrition assistance program
under subparagraph (A), the individual shall
remain ineligible until the later of—
(I) the date the individual becomes eligible under subparagraph (A);
(II) the date that is 6 months after the
date the individual became ineligible;
(III) a date determined by the State
agency; or
(IV) at the option of the State agency,
permanently.
(D) ADMINISTRATION.—
(i) GOOD CAUSE.—The Secretary shall determine the meaning of good cause for the
purpose of this paragraph.
(ii) VOLUNTARY QUIT.—The Secretary shall
determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph.
(iii) DETERMINATION BY STATE AGENCY.—
(I) IN GENERAL.—Subject to subclause (II)
and clauses (i) and (ii), a State agency
shall determine—

§ 2015

(aa) the meaning of any term used in
subparagraph (A);
(bb) the procedures for determining
whether an individual is in compliance
with a requirement under subparagraph
(A); and
(cc) whether an individual is in compliance with a requirement under subparagraph (A).
(II) NOT LESS RESTRICTIVE.—A State
agency may not use a meaning, procedure,
or determination under subclause (I) that
is less restrictive on individuals receiving
benefits under this chapter than a comparable meaning, procedure, or determination under a State program funded under
part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(iv) STRIKE AGAINST THE GOVERNMENT.—For
the purpose of subparagraph (A)(v), an employee of the Federal Government, a State,
or a political subdivision of a State, who is
dismissed for participating in a strike
against the Federal Government, the State,
or the political subdivision of the State shall
be considered to have voluntarily quit without good cause.
(v) SELECTING A HEAD OF HOUSEHOLD.—
(I) IN GENERAL.—For purposes of this
paragraph, the State agency shall allow
the household to select any adult parent of
a child in the household as the head of the
household if all adult household members
making application under the supplemental nutrition assistance program agree
to the selection.
(II) TIME FOR MAKING DESIGNATION.—A
household may designate the head of the
household under subclause (I) each time
the household is certified for participation
in the supplemental nutrition assistance
program, but may not change the designation during a certification period unless
there is a change in the composition of the
household.
(vi) CHANGE IN HEAD OF HOUSEHOLD.—If the
head of a household leaves the household
during a period in which the household is ineligible to participate in the supplemental
nutrition assistance program under subparagraph (B)—
(I) the household shall, if otherwise eligible, become eligible to participate in the
supplemental nutrition assistance program; and
(II) if the head of the household becomes
the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the supplemental nutrition assistance program for the remaining period of
ineligibility.
(2) A person who otherwise would be required
to comply with the requirements of paragraph
(1) of this subsection shall be exempt from such
requirements if he or she is (A) currently subject to and complying with a work registration
requirement under title IV of the Social Security Act, as amended (42 U.S.C. 602), or the Fed-

§ 2015

TITLE 7—AGRICULTURE

eral-State unemployment compensation system,
in which case, failure by such person to comply
with any work requirement to which such person is subject shall be the same as failure to
comply with that requirement of paragraph (1);
(B) a parent or other member of a household
with responsibility for the care of a dependent
child under age six or of an incapacitated person; (C) a bona fide student enrolled at least half
time in any recognized school, training program, or institution of higher education (except
that any such person enrolled in an institution
of higher education shall be ineligible to participate in the supplemental nutrition assistance
program unless he or she meets the requirements of subsection (e) of this section); (D) a
regular participant in a drug addiction or alcoholic treatment and rehabilitation program; (E)
employed a minimum of thirty hours per week
or receiving weekly earnings which equal the
minimum hourly rate under the Fair Labor
Standards Act of 1938, as amended (29 U.S.C.
206(a)(1)), multiplied by thirty hours; or (F) a
person between the ages of sixteen and eighteen
who is not a head of a household or who is attending school, or enrolled in an employment
training program, on at least a half-time basis.
A State that requested a waiver to lower the age
specified in subparagraph (B) and had the waiver
denied by the Secretary as of August 1, 1996,
may, for a period of not more than 3 years, lower
the age of a dependent child that qualifies a parent or other member of a household for an exemption under subparagraph (B) to between 1
and 6 years of age.
(3) Notwithstanding any other provision of
law, a household shall not participate in the
supplemental nutrition assistance program at
any time that any member of such household,
not exempt from the work registration requirements of paragraph (1) of this subsection, is on
strike as defined in section 142(2) of title 29, because of a labor dispute (other than a lockout)
as defined in section 152(9) of title 29: Provided,
That a household shall not lose its eligibility to
participate in the supplemental nutrition assistance program as a result of one of its members
going on strike if the household was eligible immediately prior to such strike, however, such
household shall not receive an increased allotment as the result of a decrease in the income
of the striking member or members of the
household: Provided further, That such ineligibility shall not apply to any household that does
not contain a member on strike, if any of its
members refuses to accept employment at a
plant or site because of a strike or lockout.
(4) EMPLOYMENT AND TRAINING.—
(A) IN GENERAL.—
(i) IMPLEMENTATION.—Each State agency
shall implement an employment and training program designed by the State agency,
in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be
more effective or efficient, in consultation
with private employers or employer organizations, and approved by the Secretary for
the purpose of assisting members of households participating in the supplemental nu-

Page 1270

trition assistance program in gaining skills,
training, work, or experience that will—
(I) increase the ability of the household
members to obtain regular employment;
and
(II) meet State or local workforce needs.
(ii) STATEWIDE WORKFORCE DEVELOPMENT
SYSTEM.—Each component of an employment and training program carried out
under this paragraph and implemented to
meet the purposes of clause (i) shall be delivered through a statewide workforce development system, unless the component is not
available locally through such a system.
(B) DEFINITIONS.—In this chapter:
(i) EMPLOYMENT AND TRAINING PROGRAM.—
The term ‘‘employment and training program’’ means a program that contains case
management services such as comprehensive
intake assessments, individualized service
plans, progress monitoring, or coordination
with service providers and one or more of
the following components, except that the
State agency shall retain the option to
apply employment requirements prescribed
under this clause to a program applicant at
the time of application:
(I) Supervised job search programs that
occur at State-approved locations at which
the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines issued by the State.
(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 employability assessments,
training in techniques to increase employability, job placement services, or other
direct training or support activities, including educational programs, determined
by the State agency to expand the job
search abilities or employability of those
subject to the program.
(III) Workfare programs operated under
section 2029 of this title.
(IV) Programs designed to improve the
employability of household members
through actual work experience or training, or both, and to enable individuals employed or trained under such programs to
move promptly into regular public or private employment, including subsidized employment and apprenticeships. An employment or training experience program established under this clause shall—
(aa) 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
(bb) 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

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TITLE 7—AGRICULTURE

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 selfemployment, including programs that provide instruction for self-employment ventures.
(VII) Programs intended to ensure job
retention by providing job retention services, if the job retention services are provided for a period of not less than 30 days
but not more than 90 days after an individual who received employment and
training services under this paragraph
gains employment.
(VIII) Programs and activities under
clause (iv) of section 2025(h)(1)(F) of this
title that the Secretary determines, based
on results from the independent evaluations conducted under clause (vii)(I) of
such section, have the most demonstrable
impact on the ability of participants to
find and retain employment that leads to
increased household income and reduced
reliance on public assistance.
(IX) 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.
(ii) WORKFORCE PARTNERSHIP.—
(I) IN GENERAL.—The term ‘‘workforce
partnership’’ means a program that—
(aa) is operated by—
(AA) a private employer, an organization representing private employers,
or a nonprofit organization providing
services relating to workforce development; or
(BB) an entity identified as an eligible provider of training services under
section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3152(d));
(bb) the Secretary certifies, or the
State agency certifies to the Secretary—
(AA) subject to subparagraph (N)(ii),
would assist participants who are
members of households participating
in the supplemental nutrition assistance program in gaining high-quality,
work-relevant skills, training, work, or
experience that will increase the ability of the participants to obtain regular employment;
(BB) subject to subparagraph (N)(ii),
would provide participants with not
less than 20 hours per week of training,
work, or experience under subitem
(AA);
(CC) would not use any funds authorized to be appropriated by this chapter;
(DD) would provide sufficient information, on request by the State agency, for the State agency to determine
that participants who are members of
households participating in the supple-

§ 2015

mental nutrition assistance program
are fulfilling any applicable work requirement under this subsection or
subsection (o);
(EE) would be willing to serve as a
reference for participants who are
members of households participating
in the supplemental nutrition assistance program for future employment
or work-related programs; and
(FF) meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that
would impose significant paperwork
burdens on the workforce partnership;
and
(cc) is in compliance with the Fair
Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), if applicable.
(II) INCLUSION.—The term ‘‘workforce
partnership’’ includes a multistate program.
(C) The State agency may provide that participation in an employment and training program may supplement or supplant other employment-related requirements imposed on
those subject to the program.
(D)(i) Each State agency may exempt from
any requirement for participation in any program under this paragraph categories of
household members.
(ii) Each State agency may exempt from any
requirement for participation individual
household members not included in any category designated as exempt under clause (i).
(iii) Any exemption of a category or individual under this subparagraph shall be periodically evaluated to determine whether the
exemption continues to be valid.
(E) REQUIREMENTS FOR PARTICIPATION FOR
CERTAIN INDIVIDUALS.—
(i) IN GENERAL.—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.
(ii) VARIATION.—The requirements under
clause (i) may vary among participants.
(iii) APPLICATION TO WORKFORCE PARTNERSHIPS.—To the extent that a State agency
requires an individual to participate in an
employment and training program, the
State agency shall consider an individual
participating in a workforce partnership to
be in compliance with the employment and
training requirements.
(F)(i) The total hours of work in an employment and training program carried out under
this paragraph required of members of a
household, together with the hours of work of
such members in any program carried out
under section 2029 of this title, in any month
collectively may not exceed a number of hours
equal to the household’s allotment for such
month divided by the higher of the applicable
State minimum wage or Federal minimum

§ 2015

TITLE 7—AGRICULTURE

Page 1272

hourly rate under the Fair Labor Standards
Act of 1938 [29 U.S.C. 206(a)(1)].
(ii) The total hours of participation in such
program required of any member of a household, individually, in any month, together
with any hours worked in another program
carried out under section 2029 of this title and
any hours worked for compensation (in cash or
in kind) in any other capacity, shall not exceed one hundred and twenty hours per month.
(iii) Any individual voluntarily electing to
participate in a program under this paragraph
shall not be subject to the limitations described in clauses (i) and (ii).
(G) The State agency may operate any program component under this paragraph in
which individuals elect to participate.
(H) Federal funds made available to a State
agency for purposes of the component authorized under subparagraph (B)(i)(V) shall not be
used to supplant non-Federal funds used for
existing services and activities that promote
the purposes of this component.
(I)(i) The State agency shall provide payments or reimbursements to participants in
programs carried out under this paragraph, including individuals participating under subparagraph (G), for—
(I) the actual costs of transportation and
other actual costs (other than dependent
care costs), that are reasonably necessary
and directly related to participation in the
program; and
(II) the actual costs of such dependent care
expenses that are determined by the State
agency to be necessary for the participation
of an individual in the program (other than
an individual who is the caretaker relative
of a dependent in a family receiving benefits
under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area
where an employment, training, or education program under title IV of such Act [42
U.S.C. 601 et seq.] is in operation), except
that no such payment or reimbursement
shall exceed the applicable local market
rate. Individuals subject to the program
under this paragraph may not be required to
participate if dependent costs exceed the
limit established by the State agency under
this subclause or other actual costs exceed
any limit established under subclause (I).

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.
ON
FUNDING.—Notwith(K)
LIMITATION
standing any other provision of this paragraph, the amount of funds a State agency
uses to carry out this paragraph (including
funds used to carry out subparagraph (I)) for
participants who are receiving benefits under
a State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.) shall not exceed the amount of funds the
State agency used in fiscal year 1995 to carry
out this paragraph for participants who were
receiving benefits in fiscal year 1995 under a
State program funded under part A of title IV
of the Act (42 U.S.C. 601 et seq.).
(L) The Secretary shall ensure that State
agencies comply with the requirements of this
paragraph and section 2020(e)(19) of this title.
(M) The facilities of the State public employment offices and other State agencies and
providers carrying out activities under title I
of the Workforce Innovation and Opportunity
Act [29 U.S.C. 3111 et seq.] may be used to find
employment and training opportunities for
household members under the programs under
this paragraph.
(N) WORKFORCE PARTNERSHIPS.—
(i) CERTIFICATION.—In certifying that a
program meets the requirements of subitems
(AA) and (BB) of subparagraph (B)(ii)(I)(bb)
to be certified as a workforce partnership,
the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes—
(I) the services and activities of the program that would provide participants with
not less than 20 hours per week of training,
work, or experience under those subitems;
and
(II) how the program would provide services and activities described in subclause
(I) that would directly enhance the employability or job readiness of the participant.

(ii) In lieu of providing reimbursements or
payments for dependent care expenses under
clause (i), a State agency may, at its option,
arrange for dependent care through providers
by the use of purchase of service contracts or
vouchers or by providing vouchers to the
household.
(iii) The value of any dependent care services provided for or arranged under clause (ii),
or any amount received as a payment or reimbursement under clause (i), shall—
(I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or
the amount of benefits on, need; and
(II) not be claimed as an employment-related expense for the purposes of the credit
provided under section 21 of title 26.

(ii) SUPPLEMENT, NOT SUPPLANT.—A State
agency may use a workforce partnership to
supplement, not to supplant, the employment and training program of the State
agency.
(iii) PARTICIPATION.—A State agency—
(I) shall—
(aa) maintain a list of workforce partnerships certified under subparagraph
(B)(ii)(I)(bb); and
(bb) not less frequently than at certification and recertification, provide to a
household member subject to work requirements under subsection (d)(1) or
subsection (o), electronically or by other
means, the list described in item (aa);
but

(J) The Secretary shall promulgate guidelines that (i) enable State agencies, to the

(II) may not require any member of a
household participating in the supple-

Page 1273

TITLE 7—AGRICULTURE

mental nutrition assistance program to
participate in a workforce partnership.
(iv) EFFECT.—
(I) IN GENERAL.—A workforce partnership
shall not replace the employment or training of an individual not participating in
the workforce partnership.
(II) SELECTION.—Nothing in this subsection or subsection (o) affects the criteria or screening process for selecting
participants by a workforce partnership.
(v) LIMITATION ON REPORTING REQUIREMENTS.—In carrying out this subparagraph,
the Secretary and each applicable State
agency shall limit the reporting requirements of a workforce partnership to—
(I) on notification that an individual is
receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is
participating in the workforce partnership;
(II) identifying participants who have
completed or are no longer participating
in the workforce partnership;
(III) identifying changes to the workforce partnership that result in the workforce partnership no longer meeting the
certification requirements of the Secretary or the State agency under subparagraph (B)(ii)(I)(bb); and
(IV) providing sufficient information, on
request by the State agency, for the State
agency to verify that a participant is fulfilling any applicable work requirements
under this subsection or subsection (o).
(O) REFERRAL OF CERTAIN INDIVIDUALS.—
(i) IN GENERAL.—In accordance with such
regulations as may be issued by the Secretary, with respect to any individual who is
not eligible for an exemption under paragraph (2) and who is determined by the operator of an employment and training program
component to be ill-suited to participate in
that employment and training program component, the State agency shall—
(I) refer the individual to an appropriate
employment and training program component;
(II) refer the individual to an appropriate
workforce partnership, if available;
(III) reassess the physical and mental fitness of the individual under paragraph
(1)(A); or
(IV) to the maximum extent practicable,
coordinate with other Federal, State, or
local workforce or assistance programs to
identify work opportunities or assistance
for the individual.
(ii) PROCESS.—In carrying out clause (i),
the State agency shall ensure that an individual undergoing and complying with the
process established under that clause shall
not be found to have refused without good
cause to participate in an employment and
training program.
(e) Students
No individual who is a member of a household
otherwise eligible to participate in the supple-

§ 2015

mental nutrition assistance program under this
section shall be eligible to participate in the
supplemental nutrition assistance program as a
member of that or any other household if the individual is enrolled at least half-time in an institution of higher education, unless the individual—
(1) is under age 18 or is age 50 or older;
(2) is not physically or mentally fit;
(3) is assigned to or placed in an institution
of higher education through or in compliance
with the requirements of—
(A) a program under title I of the Workforce Innovation and Opportunity Act [29
U.S.C. 3111 et seq.];
(B) an employment and training program
under this section, subject to the condition
that the course or program of study—
(i) is part of a program of career and
technical education (as defined in section
2302 of title 20) that may be completed in
not more than 4 years at an institution of
higher education (as defined in section 1002
of title 20); or
(ii) is limited to remedial courses, basic
adult education, literacy, or English as a
second language;
(C) a program under section 2296 of title 19;
or
(D) another program for the purpose of employment and training operated by a State
or local government, as determined to be appropriate by the Secretary;
(4) is employed a minimum of 20 hours per
week or participating in a State or federally
financed work study program during the regular school year;
(5) is—
(A) a parent with responsibility for the
care of a dependent child under age 6; or
(B) a parent with responsibility for the
care of a dependent child above the age of 5
and under the age of 12 for whom adequate
child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4);
(6) is receiving benefits under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(7) is so enrolled as a result of participation
in the work incentive program under title IV
of the Social Security Act [42 U.S.C. 601 et
seq.] or its successor programs; or
(8) is enrolled full-time in an institution of
higher education, as determined by the institution, and is a single parent with responsibility for the care of a dependent child under
age 12.
(f) Aliens
No individual who is a member of a household
otherwise eligible to participate in the supplemental nutrition assistance program under this
section shall be eligible to participate in the
supplemental nutrition assistance program as a
member of that or any other household unless
he or she is (1) a resident of the United States
and (2) either (A) a citizen or (B) an alien lawfully admitted for permanent residence as an
immigrant as defined by sections 1101(a)(15) and

§ 2015

TITLE 7—AGRICULTURE

1101(a)(20) of title 8, excluding, among others,
alien visitors, tourists, diplomats, and students
who enter the United States temporarily with
no intention of abandoning their residence in a
foreign country; or (C) an alien who entered the
United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the
United States since then, and is not ineligible
for citizenship, but who is deemed to be lawfully
admitted for permanent residence as a result of
an exercise of discretion by the Attorney General pursuant to section 1259 of title 8; or (D) an
alien who has qualified for conditional entry
pursuant to sections 1157 and 1158 of title 8; or
(E) an alien who is lawfully present in the
United States as a result of an exercise of discretion by the Attorney General for emergent
reasons or reasons deemed strictly in the public
interest pursuant to section 1182(d)(5) of title 8;
or (F) an alien within the United States as to
whom the Attorney General has withheld deportation pursuant to section 1231(b)(3) of title 8.
No aliens other than the ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the
supplemental nutrition assistance program as a
member of any household. The income (less, at
State option, a pro rata share) and financial resources of the individual rendered ineligible to
participate in the supplemental nutrition assistance program under this subsection shall be considered in determining the eligibility and the
value of the allotment of the household of which
such individual is a member.
(g) Residents of States which provide State supplementary payments
No individual who receives supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], State
supplementary payments described in section
1616 of such Act [42 U.S.C. 1382e], or payments of
the type referred to in section 212(a) of Public
Law 93–66, as amended, shall be considered to be
a member of a household for any month, if, for
such month, such individual resides in a State
which provides State supplementary payments
(1) of the type described in section 1616(a) of the
Social Security Act [42 U.S.C. 1382e(a)] and section 212(a) of Public Law 93–66, and (2) the level
of which has been found by the Commissioner of
Social Security to have been specifically increased so as to include the bonus value of food
stamps.
(h) Transfer of assets to qualify
No household that knowingly transfers assets
for the purpose of qualifying or attempting to
qualify for the supplemental nutrition assistance program shall be eligible to participate in
the program for a period of up to one year from
the date of discovery of the transfer.
(i) Comparable treatment for disqualification
(1) In general
If a disqualification is imposed on a member
of a household for a failure of the member to
perform an action required under a Federal,
State, or local law relating to a means-tested
public assistance program, the State agency
may impose the same disqualification on the

Page 1274

member of the household under the supplemental nutrition assistance program.
(2) Rules and procedures
If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.), the State agency may use the rules and
procedures that apply under part A of title IV
of the Act to impose the same disqualification
under the supplemental nutrition assistance
program.
(3) Application after disqualification period
A member of a household disqualified under
paragraph (1) may, after the disqualification
period has expired, apply for benefits under
this chapter and shall be treated as a new applicant, except that a prior disqualification
under subsection (d) shall be considered in determining eligibility.
(j) Disqualification for receipt of multiple benefits
An individual shall be ineligible to participate
in the supplemental nutrition assistance program as a member of any household for a 10-year
period if the individual is found by a State agency to have made, or is convicted in a Federal or
State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in
order to receive multiple benefits simultaneously under the supplemental nutrition assistance program.
(k) Disqualification of fleeing felons
(1) In general
No member of a household who is otherwise
eligible to participate in the supplemental nutrition assistance program shall be eligible to
participate in the program as a member of
that or any other household during any period
during which the individual is—
(A) fleeing to avoid prosecution, or custody or confinement after conviction, under
the law of the place from which the individual is fleeing, for a crime, or attempt to
commit a crime, that is a felony under the
law of the place from which the individual is
fleeing or that, in the case of New Jersey, is
a high misdemeanor under the law of New
Jersey; or
(B) violating a condition of probation or
parole imposed under a Federal or State law.
(2) Procedures
The Secretary shall—
(A) define the terms ‘‘fleeing’’ and ‘‘actively seeking’’ for purposes of this subsection; and
(B) ensure that State agencies use consistent procedures established by the Secretary that disqualify individuals whom law
enforcement authorities are actively seeking
for the purpose of holding criminal proceedings against the individual.
(l) Custodial parent’s cooperation with child support agencies
(1) In general
At the option of a State agency, subject to
paragraphs (2) and (3), no natural or adoptive

Page 1275

TITLE 7—AGRICULTURE

parent or other individual (collectively referred to in this subsection as ‘‘the individual’’) who is living with and exercising parental control over a child under the age of 18
who has an absent parent shall be eligible to
participate in the supplemental nutrition assistance program unless the individual cooperates with the State agency administering the
program established under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)—
(A) in establishing the paternity of the
child (if the child is born out of wedlock);
and
(B) in obtaining support for—
(i) the child; or
(ii) the individual and the child.
(2) Good cause for noncooperation
Paragraph (1) shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in
accordance with standards prescribed by the
Secretary in consultation with the Secretary
of Health and Human Services. The standards
shall take into consideration circumstances
under which cooperation may be against the
best interests of the child.
(3) Fees
Paragraph (1) shall not require the payment
of a fee or other cost for services provided
under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
(m) Noncustodial parent’s cooperation with child
support agencies
(1) In general
At the option of a State agency, subject to
paragraphs (2) and (3), a putative or identified
noncustodial parent of a child under the age of
18 (referred to in this subsection as ‘‘the individual’’) shall not be eligible to participate in
the supplemental nutrition assistance program if the individual refuses to cooperate
with the State agency administering the program established under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)—
(A) in establishing the paternity of the
child (if the child is born out of wedlock);
and
(B) in providing support for the child.
(2) Refusal to cooperate
(A) Guidelines
The Secretary, in consultation with the
Secretary of Health and Human Services,
shall develop guidelines on what constitutes
a refusal to cooperate under paragraph (1).
(B) Procedures
The State agency shall develop procedures,
using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1).
(3) Fees
Paragraph (1) shall not require the payment
of a fee or other cost for services provided
under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
(4) Privacy
The State agency shall provide safeguards to
restrict the use of information collected by a

§ 2015

State agency administering the program established under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) to purposes
for which the information is collected.
(n) Disqualification for child support arrears
(1) In general
At the option of a State agency, no individual shall be eligible to participate in the
supplemental nutrition assistance program as
a member of any household during any month
that the individual is delinquent in any payment due under a court order for the support
of a child of the individual.
(2) Exceptions
Paragraph (1) shall not apply if—
(A) a court is allowing the individual to
delay payment; or
(B) the individual is complying with a payment plan approved by a court or the State
agency designated under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)
to provide support for the child of the individual.
(o) Work requirement
(1) ‘‘Work program’’ defined
In this subsection, the term ‘‘work program’’
means—
(A) a program under title I of the Workforce Innovation and Opportunity Act [29
U.S.C. 3111 et seq.];
(B) a program under section 2296 of title 19;
(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 supervised job search program
or job search training program;
(D) a program of employment and training
for veterans operated by the Department of
Labor or the Department of Veterans Affairs, and approved by the Secretary; and
(E) a workforce partnership under subsection (d)(4)(N).
(2) Work requirement
Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household
if, during the preceding 36-month period, the
individual received supplemental nutrition assistance program benefits for not less than 3
months (consecutive or otherwise) during
which the individual did not—
(A) work 20 hours or more per week, averaged monthly;
(B) participate in and comply with the requirements of a work program for 20 hours
or more per week, as determined by the
State agency;
(C) participate in and comply with the requirements of a program under section 2029
of this title or a comparable program established by a State or political subdivision of
a State; or
(D) receive benefits pursuant to paragraph
(3), (4), (5), or (6).
(3) Exception
Paragraph (2) shall not apply to an individual if the individual is—

§ 2015

TITLE 7—AGRICULTURE

(A) under 18 or over 50 years of age;
(B) medically certified as physically or
mentally unfit for employment;
(C) a parent or other member of a household with responsibility for a dependent
child;
(D) otherwise exempt under subsection
(d)(2); or
(E) a pregnant woman.
(4) Waiver
(A) In general
On the request of a State agency and with
the support of the chief executive officer of
the State, the Secretary may waive the applicability of paragraph (2) to any group of
individuals in the State if the Secretary
makes a determination that the area in
which the individuals reside—
(i) has an unemployment rate of over 10
percent; or
(ii) does not have a sufficient number of
jobs to provide employment for the individuals.
(B) Report
The Secretary shall report the basis for a
waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(5) Subsequent eligibility
(A) Regaining eligibility
An individual denied eligibility under
paragraph (2) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period,
the individual—
(i) works 80 or more hours;
(ii) participates in and complies with the
requirements of a work program for 80 or
more hours, as determined by a State
agency; or
(iii) participates in and complies with
the requirements of a program under section 2029 of this title or a comparable program established by a State or political
subdivision of a State.
(B) Maintaining eligibility
An individual who regains eligibility under
subparagraph (A) shall remain eligible as
long as the individual meets the requirements of subparagraph (A), (B), or (C) of
paragraph (2).
(C) Loss of employment
(i) In general
An individual who regained eligibility
under subparagraph (A) and who no longer
meets the requirements of subparagraph
(A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual
first notifies the State agency that the individual no longer meets the requirements
of subparagraph (A), (B), or (C) of paragraph (2).
(ii) Limitation
An individual shall not receive any benefits pursuant to clause (i) for more than a

Page 1276

single 3-month period in any 36-month period.
(6) Exemptions
(A) Definitions
In this paragraph:
(i) Caseload
The term ‘‘caseload’’ means the average
monthly number of individuals receiving
supplemental nutrition assistance program benefits during the 12-month period
ending the preceding June 30.
(ii) Covered individual
The term ‘‘covered individual’’ means a
member of a household that receives supplemental nutrition assistance program
benefits, or an individual denied eligibility
for supplemental nutrition assistance program benefits solely due to paragraph (2),
who—
(I) is not eligible for an exception
under paragraph (3);
(II) does not reside in an area covered
by a waiver granted under paragraph (4);
(III) is not complying with subparagraph (A), (B), or (C) of paragraph (2);
(IV) is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided
under paragraph (2); and
(V) is not receiving supplemental nutrition assistance program benefits
under paragraph (5).
(B) General rule
Subject to subparagraphs (C) through (H),
a State agency may provide an exemption
from the requirements of paragraph (2) for
covered individuals.
(C) Fiscal year 1998
Subject to subparagraphs (F) and (H), for
fiscal year 1998, a State agency may provide
a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15
percent of the number of covered individuals
in the State in fiscal year 1998, as estimated
by the Secretary, based on the survey conducted to carry out section 2025(c) of this
title for fiscal year 1996 and such other factors as the Secretary considers appropriate
due to the timing and limitations of the survey.
(D) Fiscal years 1999 through 2019
Subject to subparagraphs (F) through (H),
for fiscal year 1999 and each subsequent fiscal year through fiscal year 2019, a State
agency may provide a number of exemptions
such that the average monthly number of
the exemptions in effect during the fiscal
year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the
Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted
under paragraph (4).

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(E) Subsequent fiscal years
Subject to subparagraphs (F) through (H),
for fiscal year 2020 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average
monthly number of exemptions in effect during the fiscal year does not exceed 12 percent
of the number of covered individuals in the
State, as estimated by the Secretary under
subparagraph (C), adjusted by the Secretary
to reflect changes in the State’s caseload
and the Secretary’s estimate of changes in
the proportion of members of households
that receive supplemental nutrition assistance program benefits covered by waivers
granted under paragraph (4).
(F) Caseload adjustments
The Secretary shall adjust the number of
individuals estimated for a State under subparagraph (C), (D), or (E) during a fiscal year
if the number of members of households that
receive supplemental nutrition assistance
program benefits in the State varies from
the State’s caseload by more than 10 percent, as determined by the Secretary.
(G) 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.
(H) Reporting requirement
A State agency shall submit such reports
to the Secretary as the Secretary determines are necessary to ensure compliance
with this paragraph.
(7) Other program rules
Nothing in this subsection shall make an individual eligible for benefits under this chapter if the individual is not otherwise eligible
for benefits under the other provisions of this
chapter.
(p) Disqualification for obtaining cash by destroying food and collecting deposits
Subject to any requirements established by
the Secretary, any person who has been found by
a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally obtained cash by purchasing products with supplemental nutrition assistance program benefits that have containers that require
return deposits, discarding the product, and returning the container for the deposit amount
shall be ineligible for benefits under this chapter
for such period of time as the Secretary shall
prescribe by regulation.
(q) Disqualification for sale of food purchased
with supplemental nutrition assistance program benefits
Subject to any requirements established by
the Secretary, any person who has been found by

§ 2015

a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally sold any food that was purchased
using supplemental nutrition assistance program benefits shall be ineligible for benefits
under this chapter for such period of time as the
Secretary shall prescribe by regulation.
(r) Disqualification for certain convicted felons
(1) In general
An individual shall not be eligible for benefits under this chapter if—
(A) the individual is convicted of—
(i) aggravated sexual abuse under section
2241 of title 18;
(ii) murder under section 1111 of title 18;
(iii) an offense under chapter 110 of title
18;
(iv) a Federal or State offense involving
sexual assault, as defined in 13925(a) 1 of
title 42; or
(v) an offense under State law determined by the Attorney General to be substantially similar to an offense described
in clause (i), (ii), or (iii); and
(B) the individual is not in compliance
with the terms of the sentence of the individual or the restrictions under subsection
(k).
(2) Effects on assistance and benefits for others
The amount of benefits otherwise required
to be provided to an eligible household under
this chapter shall be determined by considering the individual to whom paragraph (1) applies not to be a member of the household, except that the income and resources of the individual shall be considered to be income and resources of the household.
(3) Enforcement
Each State shall require each individual applying for benefits under this chapter to attest
to whether the individual, or any member of
the household of the individual, has been convicted of a crime described in paragraph (1).
(s) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings
(1) In general
Any household in which a member receives
substantial lottery or gambling winnings, as
determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of
the winnings.
(2) Duration of ineligibility
A household described in paragraph (1) shall
remain ineligible for participation until the
household meets the allowable financial resources and income eligibility requirements
under subsections (c), (d), (e), (f), (g), (i), (k),
(l), (m), and (n) of section 2014 of this title.
(3) Agreements
As determined by the Secretary, each State
agency, to the maximum extent practicable,
shall establish agreements with entities responsible for the regulation or sponsorship of
gaming in the State to determine whether in1 So

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

§ 2015

TITLE 7—AGRICULTURE

dividuals participating in the supplemental
nutrition assistance program have received
substantial lottery or gambling winnings.
(Pub. L. 88–525, § 6, Aug. 31, 1964, 78 Stat. 704;
Pub. L. 94–339, § 3, July 5, 1976, 90 Stat. 800; Pub.
L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
964; Pub. L. 96–58, §§ 5, 9, Aug. 14, 1979, 93 Stat.
391, 392; Pub. L. 96–249, title I, §§ 109, 110, 114, 115,
139, 140, May 26, 1980, 94 Stat. 359, 361, 370; Pub.
L. 97–35, title I, §§ 108(b), (c), 109, 112, Aug. 13,
1981, 95 Stat. 361, 362; Pub. L. 97–98, title XIII,
§§ 1310, 1311, Dec. 22, 1981, 95 Stat. 1284, 1285; Pub.
L. 97–253, title I, §§ 145(e), 154–161, 189(b)(1), 190(a),
(b), Sept. 8, 1982, 96 Stat. 774, 777, 778, 787; Pub.
L. 98–204, §§ 5, 6, Dec. 2, 1983, 97 Stat. 1385, 1386;
Pub. L. 99–198, title XV, §§ 1513(b), 1516, 1517(a),
Dec. 23, 1985, 99 Stat. 1571–1573; Pub. L. 100–435,
title II, § 202(b), (c), title IV, § 404(a)–(d), Sept. 19,
1988, 102 Stat. 1656, 1665–1667; Pub. L. 101–624,
title XVII, §§ 1723–1726(b)(1), (c), (d), 1727, Nov. 28,
1990, 104 Stat. 3786–3788; Pub. L. 102–237, title IX,
§§ 907, 941(3), Dec. 13, 1991, 105 Stat. 1885, 1892;
Pub. L. 103–66, title XIII, §§ 13922(b), 13942, Aug.
10, 1993, 107 Stat. 675, 677; Pub. L. 103–225, title I,
§§ 101(a), 104(b), Mar. 25, 1994, 108 Stat. 106, 107;
Pub. L. 103–296, title I, § 108(f)(1), (2), Aug. 15,
1994, 108 Stat. 1486, 1487; Pub. L. 104–193, title I,
§ 109(b), title VIII, §§ 813–815(a), 816, 817(a), 818,
819(a), (c), 820–824(a), Aug. 22, 1996, 110 Stat. 2169,
2314, 2315, 2318, 2320–2323; Pub. L. 104–208, div. C,
title III, § 308(g)(7)(D)(i), Sept. 30, 1996, 110 Stat.
3009–624; Pub. L. 105–33, title I, § 1001, Aug. 5, 1997,
111 Stat. 251; Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 405(d)(2)(B), (f)(2)(B)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–418, 2681–429; Pub. L. 107–171,
title IV, §§ 4109, 4115(b)(2), 4121(c), May 13, 2002,
116 Stat. 309, 315, 324; Pub. L. 110–234, title IV,
§§ 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4),
4131, May 22, 2008, 122 Stat. 1092, 1101, 1102, 1106,
1114; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b),
4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, June 18,
2008, 122 Stat. 1664, 1853, 1862–1864, 1868, 1875; Pub.
L. 113–79, title IV, §§ 4007, 4008(a), 4009(a), 4030(d),
Feb. 7, 2014, 128 Stat. 787–789, 814; Pub. L. 113–128,
title V, § 512(l)(2), July 22, 2014, 128 Stat. 1709;
Pub. L. 115–334, title IV, § 4005(a), (b), Dec. 20,
2018, 132 Stat. 4627–4631.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (c)(3),
(5), (d)(1)(D)(iii)(II), (2), (4)(I)(i)(II), (K), (e)(6), (7), (g),
(i)(2), (l)(1), (3), (m), and (n)(2)(B), is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, which is classified generally to
chapter 7 (§ 301 et seq.) of Title 42, The Public Health
and Welfare. Part D of title IV of the Act is classified
generally to part D (§ 651 et seq.) of subchapter IV of
chapter 7 of Title 42. Title IV–A of the Act (part A of
title IV) is classified generally to part A (§ 601 et seq.)
of subchapter IV of chapter 7 of Title 42. Titles IV and
XVI of the Social Security Act are classified generally
to subchapters IV (§ 601 et seq.) and XVI (§ 1381 et seq.),
respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
The Fair Labor Standards Act of 1938, referred to in
subsec. (d)(2), (4)(B)(ii)(I)(cc), (F)(i), is act June 25, 1938,
ch. 676, 52 Stat. 1060, which is classified generally to
chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see section 201 of
Title 29 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsecs. (d)(4)(M), (e)(3)(A), and (o)(1)(A), is

Page 1278

Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of
the Act is classified generally to subchapter I (§ 3111 et
seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note
set out under section 3101 of Title 29 and Tables.
Section 212(a) of Pub. L. 93–66, referred to in subsec.
(g), is Pub. L. 93–66, title II, § 212(a), July 9, 1973, 87
Stat. 155, which is set out as a note under section 1382
of Title 42, The Public Health and Welfare.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec.
(d)(4)(A)(i).
Pub.
L.
115–334,
§ 4005(a)(1)(A), inserted ‘‘, in consultation with the
State workforce development board, or, if the State
demonstrates that consultation with private employers
or employer organizations would be more effective or
efficient, in consultation with private employers or employer organizations,’’ after ‘‘designed by the State
agency’’ and substituted ‘‘that will—
‘‘(I) increase the ability of the household members
to obtain regular employment; and
‘‘(II) meet State or local workforce needs.’’
for ‘‘that will increase their ability to obtain regular
employment.’’
Subsec. (d)(4)(A)(ii). Pub. L. 115–334, § 4005(a)(1)(B), inserted ‘‘and implemented to meet the purposes of
clause (i)’’ after ‘‘carried out under this paragraph’’.
Subsec. (d)(4)(B). Pub. L. 115–334, § 4005(a)(2)(A)–(C),
(E)–(I), inserted subpar. (B) heading, substituted ‘‘In
this chapter:’’ for ‘‘For purposes of this chapter, an’’ in
introductory provisions, inserted ‘‘(i) EMPLOYMENT AND
TRAINING PROGRAM.—The term’’ before ‘‘ ‘employment
and training program’ ’’, and, in cl. (i) as so designated,
inserted ‘‘case management services such as comprehensive intake assessments, individualized service
plans, progress monitoring, or coordination with service providers and’’ before ‘‘one or more’’ and substituted ‘‘this clause’’ for ‘‘this subparagraph’’ in introductory provisions, redesignated former cls. (i) to (viii)
as subcls. (I) to (VII) and (IX), respectively, substituted
‘‘employability assessments, training in techniques to
increase employability’’ for ‘‘jobs skills assessments,
job finding clubs, training in techniques for employability’’ in subcl. (II), inserted ‘‘, including subsidized
employment and apprenticeships’’ after ‘‘public or private employment’’ in introductory provisions of subcl.
(IV), redesignated subcls. (I) and (II) of former cl. (iv)
as items (aa) and (bb), respectively, of subcl. (IV), inserted ‘‘not less than 30 days but’’ before ‘‘not more
than 90 days’’ in subcl. (VII), and added subcl. (VIII).
Subsec. (d)(4)(B)(i)(I). Pub. L. 115–334, § 4005(a)(2)(D),
added subcl. (I) and struck out former subcl. (I) which
read as follows: ‘‘Job search programs.’’
Subsec. (d)(4)(B)(ii). Pub. L. 115–334, § 4005(a)(2)(J),
added cl. (ii). Former cl. (ii) redesignated cl. (i)(II) of
subsec. (d)(4)(B).
Subsec. (d)(4)(E). Pub. L. 115–334, § 4005(a)(3), inserted
subpar. heading, designated first and second sentences
as cls. (i) and (ii), respectively, and inserted cl. headings, substituted ‘‘The requirements under clause (i)’’
for ‘‘Such requirements’’ in cl. (ii), and added cl. (iii).
Subsec. (d)(4)(H). Pub. L. 115–334, § 4005(a)(4), substituted ‘‘subparagraph (B)(i)(V)’’ for ‘‘subparagraph
(B)(v)’’.
Subsec. (d)(4)(N), (O). Pub. L. 115–334, § 4005(a)(5),
added subpars. (N) and (O).
Subsec. (o)(1)(C) to (E). Pub. L. 115–334, § 4005(b)(1), in
subpar. (C), substituted ‘‘supervised job search program
or job search training program’’ for ‘‘job search program or a job search training program’’, and added subpars. (D) and (E).
Subsec. (o)(4)(A). Pub. L. 115–334, § 4005(b)(2), inserted
‘‘and with the support of the chief executive officer of
the State’’ after ‘‘request of a State agency’’.

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TITLE 7—AGRICULTURE

Subsec. (o)(6). Pub. L. 115–334, § 4005(b)(3)(A), substituted ‘‘Exemptions’’ for ‘‘15-percent exemption’’ in
heading.
Subsec. (o)(6)(B). Pub. L. 115–334, § 4005(b)(3)(B), substituted ‘‘subparagraphs (C) through (H)’’ for ‘‘subparagraphs (C) through (G)’’.
Subsec. (o)(6)(C). Pub. L. 115–334, § 4005(b)(3)(C), substituted ‘‘subparagraphs (F) and (H)’’ for ‘‘subparagraphs (E) and (G)’’.
Subsec. (o)(6)(D). Pub. L. 115–334, § 4005(b)(3)(D), in
heading, substituted ‘‘Fiscal years 1999 through 2019’’
for ‘‘Subsequent fiscal years’’, and in text, substituted
‘‘subparagraphs (F) through (H)’’ for ‘‘subparagraphs
(E) through (G)’’ and ‘‘each subsequent fiscal year
through fiscal year 2019’’ for ‘‘each subsequent fiscal
year’’.
Subsec. (o)(6)(E). Pub. L. 115–334, § 4005(b)(3)(G), added
subpar. (E). Former subpar. (E) redesignated (F).
Pub. L. 115–334, § 4005(b)(3)(E), substituted ‘‘subparagraph (C), (D), or (E)’’ for ‘‘subparagraph (C) or (D)’’.
Subsec. (o)(6)(F) to (H). Pub. L. 115–334, § 4005(b)(3)(F),
redesignated subpars. (E) to (G) as (F) to (H), respectively.
2014—Subsec. (d)(4)(B)(vii), (F)(iii). Pub. L. 113–79,
§ 4030(d), realigned margins.
Subsec. (d)(4)(M). Pub. L. 113–128, § 512(l)(2)(A), substituted ‘‘activities under title I of the Workforce Innovation and Opportunity Act’’ for ‘‘activities under title
I of the Workforce Investment Act of 1998’’.
Subsec. (e)(3)(A). Pub. L. 113–128, § 512(l)(2)(B), substituted ‘‘a program under title I of the Workforce Innovation and Opportunity Act’’ for ‘‘a program under
title I of the Workforce Investment Act of 1998’’.
Subsec. (e)(3)(B). Pub. L. 113–79, § 4007, substituted
‘‘section, subject to the condition that the course or
program of study—’’ for ‘‘section;’’ and added cls. (i)
and (ii).
Subsec. (o)(1)(A). Pub. L. 113–128, § 512(l)(2)(C), substituted ‘‘a program under title I of the Workforce Innovation and Opportunity Act’’ for ‘‘a program under
the title I of the Workforce Investment Act of 1998’’.
Subsec. (r). Pub. L. 113–79, § 4008(a), added subsec. (r).
Subsec. (s). Pub. L. 113–79, § 4009(a), added subsec. (s).
2008—Subsec. (a). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (b)(1)(B). Pub. L. 110–246, § 4115(b)(4)(A), in introductory provisions, substituted ‘‘program benefits’’
for ‘‘coupons or authorization cards’’ and, in cls. (ii)
and (iii), substituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
Subsec. (c). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’ in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 110–246, § 4105, in introductory provisions, substituted ‘‘reporting’’ for ‘‘reporting
by’’, in cl. (i), inserted ‘‘for periods shorter than 4
months by’’ before ‘‘migrant’’, in cl. (ii), inserted ‘‘for
periods shorter than 4 months by’’ before ‘‘households’’,
and, in cl. (iii), inserted ‘‘for periods shorter than 1
year by’’ before ‘‘households’’.
Subsec. (d)(1), (2). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’ wherever appearing.
Subsec. (d)(3). Pub. L. 110–246, § 4002(a)(3)(A), struck
out ‘‘for food stamps’’ after ‘‘eligible’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ in two places.
Subsec. (d)(4)(A)(i). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec. (d)(4)(B)(vii), (viii). Pub. L. 110–246, § 4108(1),
added cl. (vii) and redesignated former cl. (vii) as (viii).
Subsec. (d)(4)(F)(iii). Pub. L. 110–246, § 4108(2), added
cl. (iii).
Subsec. (d)(4)(L). Pub. L. 110–246, § 4115(b)(4)(B), substituted ‘‘section 2020(e)(19)’’ for ‘‘section 2020(e)(22)’’.
Subsecs. (e), (f), (h), (i). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’ wherever appearing.

§ 2015

Subsec. (j). Pub. L. 110–246, § 4002(a)(3)(B), struck out
‘‘food stamp’’ before ‘‘benefits’’ in heading.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ in two places.
Subsec. (k). Pub. L. 110–246, § 4112, designated existing
provisions as par. (1), inserted heading, redesignated
former pars. (1) and (2) as subpars. (A) and (B) of par.
(1), respectively, and added par. (2).
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ in introductory provisions.
Subsecs. (l) to (n). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec. (o)(2). Pub. L. 110–246, § 4002(a)(3)(C)(i), substituted ‘‘supplemental nutrition assistance program
benefits’’ for ‘‘food stamp benefits’’ in introductory
provisions.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ in introductory provisions.
Subsec. (o)(5)(A). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’ in introductory provisions.
Subsec.
(o)(6)(A)(i),
(ii).
Pub.
L.
110–246,
§ 4002(a)(3)(C)(ii)(I), in cl. (i), substituted ‘‘supplemental
nutrition assistance program benefits’’ for ‘‘food
stamps’’ and, in cl. (ii), substituted ‘‘a member of a
household that receives supplemental nutrition assistance program benefits’’ for ‘‘a food stamp recipient’’ in
introductory provisions and ‘‘supplemental nutrition
assistance program benefits’’ for ‘‘food stamp benefits’’
wherever appearing.
Subsec.
(o)(6)(D),
(E).
Pub.
L.
110–246,
§ 4002(a)(3)(C)(ii)(II), substituted ‘‘members of households that receive supplemental nutrition assistance
program benefits’’ for ‘‘food stamp recipients’’.
Subsecs. (p), (q). Pub. L. 110–246, § 4131, added subsecs.
(p) and (q).
2002—Subsec. (c). Pub. L. 107–171, § 4115(b)(2), substituted ‘‘Except in a case in which a household is receiving transitional benefits during the transitional
benefits period under section 2020(s) of this title, no
household’’ for ‘‘No household’’ in introductory provisions.
Subsec. (c)(1)(B). Pub. L. 107–171, § 4109(1), struck out
‘‘on a monthly basis’’ after ‘‘periodic reports’’.
Subsec. (c)(1)(D). Pub. L. 107–171, § 4109(2), added subpar. (D).
Subsec. (d)(4)(I)(i)(I). Pub. L. 107–171, § 4121(c), struck
out ‘‘, except that the State agency may limit such reimbursement to each participant to $25 per month’’ before semicolon.
1998—Subsec. (d)(4)(M). Pub. L. 105–277, § 101(f) [title
VIII, § 405(f)(2)(B)(i)], struck out ‘‘the State public employment offices and agencies operating programs
under the Job Training Partnership Act or of’’ after
‘‘The facilities of’’.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(i)],
substituted ‘‘the State public employment offices and
agencies operating programs under the Job Training
Partnership Act or of the State public employment offices and other State agencies and providers carrying
out activities under title I of the Workforce Investment
Act of 1998’’ for ‘‘the State public employment offices
and agencies operating programs under the Job Training Partnership Act’’.
Subsec. (e)(3)(A). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(2)(B)(ii)], added subpar. (A) and struck out
former subpar. (A) which read as follows: ‘‘a program
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998;’’.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(ii)],
added subpar. (A) and struck out former subpar. (A)
which read as follows: ‘‘a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);’’.
Subsec. (o)(1)(A). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(2)(B)(iii)], struck out ‘‘Job Training Partnership
Act or’’ before ‘‘title I’’.

§ 2015

TITLE 7—AGRICULTURE

Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(iii)],
substituted ‘‘Job Training Partnership Act or title I of
the Workforce Investment Act of 1998’’ for ‘‘Job Training Partnership Act (29 U.S.C. 1501 et seq.)’’
1997—Subsec. (o)(2)(D). Pub. L. 105–33, § 1001(1), substituted ‘‘(5), or (6)’’ for ‘‘or (5)’’.
Subsec. (o)(6), (7). Pub. L. 105–33, § 1001(2), (3), added
par. (6) and redesignated former par. (6) as (7).
1996—Subsec. (b)(1)(i). Pub. L. 104–193, § 813(1), substituted ‘‘1 year’’ for ‘‘six months’’.
Subsec. (b)(1)(ii). Pub. L. 104–193, § 813(2), substituted
‘‘2 years’’ for ‘‘1 year’’.
Subsec. (b)(1)(iii)(IV). Pub. L. 104–193, § 814, added
subcl. (IV).
Subsec. (c)(5). Pub. L. 104–193, § 109(b)(1), substituted
‘‘the State program funded’’ for ‘‘the State plan approved’’.
Subsec. (d). Pub. L. 104–193, § 815(a), inserted subsec.
heading.
Subsec. (d)(1). Pub. L. 104–193, § 815(a), added par. (1)
and struck out former par. (1) which related to ineligibility in case of refusal of person or head of household
to register for or accept employment.
Subsec. (d)(2). Pub. L. 104–193, §§ 816, 819(c), struck out
‘‘that is comparable to a requirement of paragraph (1)’’
after ‘‘person is subject’’ in cl. (A) and inserted at end
‘‘A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by
the Secretary as of August 1, 1996, may, for a period of
not more than 3 years, lower the age of a dependent
child that qualifies a parent or other member of a
household for an exemption under subparagraph (B) to
between 1 and 6 years of age.’’
Subsec. (d)(4). Pub. L. 104–193, § 817(a)(1), inserted par.
heading.
Subsec. (d)(4)(A). Pub. L. 104–193, § 817(a)(1), (2), inserted subpar. heading, designated existing provisions
as cl. (i), inserted heading, substituted ‘‘Each State’’
for ‘‘Not later than April 1, 1987, each State’’, inserted
‘‘work,’’ after ‘‘skills, training,’’, and added cl. (ii).
Subsec. (d)(4)(B). Pub. L. 104–193, § 817(a)(3), in introductory provisions, inserted before colon ‘‘, except that
the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application’’, in cl. (i), struck out ‘‘with terms and conditions
comparable to those prescribed in subparagraphs (A)
and (B) of section 402(a)(35) of part A of title IV of the
Social Security Act, except that the State agency shall
retain the option to apply employment requirements
prescribed under this clause to program applicants at
the time of application’’ after ‘‘search programs’’, and
in cl. (iv), redesignated subcls. (III) and (IV) as (I) and
(II), respectively, and struck out former subcls. (I) and
(II) which read as follows:
‘‘(I) limit employment experience assignments to
projects that serve a useful public purpose in fields
such as health, social services, environmental protection, urban and rural development and redevelopment,
welfare, recreation, public facilities, public safety, and
day care;
‘‘(II) to the extent possible, use the prior training, experience, and skills of the participating member in
making appropriate employment or training experience
assignments;’’.
Subsec. (d)(4)(D). Pub. L. 104–193, § 817(a)(4), in cl. (i),
struck out ‘‘to which the application of such participation requirement is impracticable as applied to such
categories due to factors such as the availability of
work opportunities and the cost-effectiveness of the
employment requirements. In making such a determination, the State agency may designate a category
consisting of all such household members residing in a
specific area of the State. Each State may exempt,
with the approval of the Secretary, members of households that have participated in the food stamp program
30 days or less’’ after ‘‘household members’’, in cl. (ii),
struck out ‘‘but with respect to whom such participation is impracticable because of personal circumstances
such as lack of job readiness and employability, the re-

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mote location of work opportunities, and unavailability of child care’’ after ‘‘clause (i)’’, and in cl. (iii),
substituted ‘‘the exemption continues to be valid’’ for
‘‘, on the basis of the factors used to make a determination under clause (i) or (ii), the exemption continues to be valid. Such evaluations shall occur no less
often than at each certification or recertification in
the case of exemptions under clause (ii)’’.
Subsec. (d)(4)(E). Pub. L. 104–193, § 817(a)(5), struck
out at end ‘‘Through September 30, 1995, two States
may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not
excuse a State from compliance with the performance
standards issued under subparagraphs (K) and (L), and
the Secretary may, at the Secretary’s discretion, approve additional States’ requests to give such priority
if the Secretary reports to Congress on the number and
characteristics of voluntary participants given priority
under this sentence and such other information as the
Secretary determines to be appropriate.’’
Subsec. (d)(4)(G). Pub. L. 104–193, § 817(a)(6), struck
out ‘‘(i)’’ after ‘‘(G)’’ and struck out cl. (ii) which read
as follows: ‘‘The State agency shall permit, to the extent it determines practicable, individuals not subject
to requirements imposed under subparagraph (E) or
who have complied, or are in the process of complying,
with such requirements to participate in any program
under this paragraph.’’
Subsec. (d)(4)(H). Pub. L. 104–193, § 817(a)(7), struck
out ‘‘(ii)’’ before ‘‘Federal funds’’ and struck out cl. (i)
which read as follows: ‘‘The Secretary shall issue regulations under which each State agency shall establish
a conciliation procedure for the resolution of disputes
involving the participation of an individual in the program.’’
Subsec. (d)(4)(I)(i)(II). Pub. L. 104–193, § 817(a)(8), substituted ‘‘), except that no such payment or reimbursement shall exceed the applicable local market rate’’ for
‘‘, or was in operation, on September 19, 1988) up to any
limit set by the State agency (which limit shall not be
less than the limit for the dependent care deduction
under section 2014(e) of this title), but in no event shall
such payment or reimbursements exceed the applicable
local market rate as determined by procedures consistent with any such determination under the Social
Security Act’’.
Subsec. (d)(4)(K). Pub. L. 104–193, § 817(a)(9)(A), added
subpar. (K) and struck out former subpar. (K) which authorized establishment of performance standards for
each State that, in case of persons who were subject to
employment requirements under this section and who
were not exempt under subpar. (D), designated minimum percentages (not to exceed 10 percent in fiscal
years 1992 and 1993, and 15 percent in fiscal years 1994
and 1995) of such persons that State agencies were to
place in employment and training programs.
Subsec. (d)(4)(L). Pub. L. 104–193, § 817(a)(10), struck
out ‘‘(i)’’ before ‘‘The Secretary’’ and struck out cl. (ii)
which read as follows: ‘‘If the Secretary determines
that a State agency has failed, without good cause, to
comply with such a requirement, including any failure
to meet a performance standard under subparagraph
(J), the Secretary may withhold from such State, in accordance with section 2025(a), (c), and (h) of this title,
such funds as the Secretary determines to be appropriate, subject to administrative and judicial review
under section 2023 of this title.’’
Pub. L. 104–193, § 817(a)(9), redesignated subpar. (M) as
(L) and struck out former subpar. (L) which authorized
Secretary to establish performance standards and
measures applicable to employment and training programs that were based on employment outcomes, including increases in earnings.
Subsec. (d)(4)(M), (N). Pub. L. 104–193, § 817(a)(9)(B), redesignated subpars. (M) and (N) as (L) and (M), respectively.
Subsec. (e)(6). Pub. L. 104–193, § 109(b)(2), substituted
‘‘benefits under a State program funded’’ for ‘‘aid to
families with dependent children’’.

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Subsec. (f). Pub. L. 104–193, § 818, in last sentence, inserted ‘‘, at State option,’’ after ‘‘(less’’.
Subsec. (f)(2)(F). Pub. L. 104–208 substituted
‘‘1231(b)(3)’’ for ‘‘1253(h)’’.
Subsec. (i). Pub. L. 104–193, § 819(a), added subsec. (i).
Subsec. (j). Pub. L. 104–193, § 820, added subsec. (j).
Subsec. (k). Pub. L. 104–193, § 821, added subsec. (k).
Subsecs. (l), (m). Pub. L. 104–193, § 822, added subsecs.
(l) and (m).
Subsec. (n). Pub. L. 104–193, § 823, added subsec. (n).
Subsec. (o). Pub. L. 104–193, § 824(a), added subsec. (o).
1994—Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 103–225,
§ 101(a)(1), redesignated cls. (iii) and (iv) as (ii) and (iii),
respectively, and struck out former cl. (ii) which read
‘‘households residing on a reservation;’’.
Subsec. (c)(1)(C). Pub. L. 103–225, § 101(a)(2), added subpar. (C).
Subsec. (c)(3). Pub. L. 103–296, § 108(f)(1), inserted ‘‘the
Commissioner of Social Security and’’ before ‘‘the Secretary of Health and Human Services’’.
Subsec. (c)(4). Pub. L. 103–225, § 104(b), substituted
‘‘Except as provided in paragraph (1)(C), any’’ for
‘‘Any’’.
Subsec. (g). Pub. L. 103–296, § 108(f)(2), substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary of
Health and Human Services’’.
1993—Subsec. (b)(1)(ii), (iii). Pub. L. 103–66, § 13942,
added cls. (ii) and (iii) and struck out former cls. (ii)
and (iii) which read as follows:
‘‘(ii) for a period of one year upon the second occasion
of any such determination; and
‘‘(iii) permanently upon the third occasion of any
such determination.’’
Subsec. (d)(4)(I)(i)(II). Pub. L. 103–66, § 13922(b),
amended subcl. (II) generally. Prior to amendment,
subcl. (II) read as follows: ‘‘the actual costs of such dependent care expenses that are determined by the State
agency to be necessary for the participation of an individual in the program (other than an individual who is
the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) in a local area where
an employment, training, or education program under
title IV of such Act is in operation or was in operation,
on September 19, 1988), but in no event shall such payment or reimbursements exceed $160 per dependent per
month. Individuals subject to the program under this
paragraph may not be required to participate if dependent care costs exceed $160 per dependent per month.’’
1991—Subsec. (c)(1)(A)(ii). Pub. L. 102–237, § 941(3)(A),
realigned margin.
Subsec. (d)(1)(A). Pub. L. 102–237, § 941(3)(B), substituted ‘‘who is a physically’’ for ‘‘who is physically’’,
‘‘Secretary; (ii) refuses’’ for ‘‘Secretary; (ii) refuses’’ requiring no change in text, and ‘‘two months; or (iii) refuses’’ for ‘‘two months; (iii) refuses’’.
Subsec. (d)(4)(B)(vii). Pub. L. 102–237, § 941(3)(C), substituted ‘‘Secretary,’’ for ‘‘Secretary,,’’ and ‘‘aimed at’’
for ‘‘aimed an’’.
Subsec. (d)(4)(D)(iii). Pub. L. 102–237, § 941(3)(D), substituted ‘‘clause (i) or (ii)’’ for ‘‘clauses (i) or (ii)’’.
Subsec. (d)(4)(I)(i)(II). Pub. L. 102–237, § 941(3)(E), substituted ‘‘601 et seq.)’’ for ‘‘601 et seq.))’’ and ‘‘), but in’’
for ‘‘, but in’’.
Subsec. (d)(4)(K)(i). Pub. L. 102–237, § 907(b), substituted ‘‘10 percent in fiscal years 1992 and 1993, and 15
percent in fiscal years 1994 and 1995’’ for ‘‘50 percent
through September 30, 1989’’ and inserted at end ‘‘The
Secretary shall not require the plan of a State agency
to provide for the participation of a number of recipients greater than 10 percent in fiscal years 1992 and
1993, and 15 percent in fiscal years 1994 and 1995, of the
persons who are subject to employment requirements
under this section and who are not exempt under subparagraph (D).’’
Subsec. (d)(4)(L). Pub. L. 102–237, § 907(a), amended
subpar. (L) generally, substituting present provisions
for provisions requiring establishment of performance
standards by the Secretary, after consultation with the
Office of Technology Assessment, Secretary of Labor,

§ 2015

Secretary of Health and Human Services, and appropriate designated State officials, which standards were
to be coordinated with the corresponding standards
under the Job Training Partnership Act and the performance standards under title IV of the Social Security Act, which were to permit variations to take into
account differing conditions in different States, and
which were to be published and implemented not later
than Oct. 1, 1991, and directing the Office of Technology
Assessment, not later than 180 days after the Secretary
publishes proposed measures for performance standards, to develop model performance standards, compare
these standards with the Secretary, and report the result of such comparison to the Speaker of the House of
Representatives, President pro tempore of the Senate,
and Secretary of Agriculture.
1990—Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 101–624,
§ 1723, added cl. (ii) and redesignated former cls. (ii) and
(iii) as (iii) and (iv), respectively.
Subsec. (c)(2)(C). Pub. L. 101–624, § 1724(1), substituted
‘‘State agency designed forms’’ for ‘‘forms approved by
the Secretary’’.
Subsec. (c)(3). Pub. L. 101–624, § 1724(2), substituted
‘‘they contain the information relevant to eligibility
and benefit determinations that is specified by the
State agency’’ for ‘‘, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels’’.
Subsec. (d)(1). Pub. L. 101–624, § 1725, inserted after
first sentence ‘‘The State agency shall allow the household to select an adult parent of children in the household as its head where all adult household members
making application agree to the selection. The household may designate its head of household under this
paragraph each time the household is certified for participation in the food stamp program, but may not
change the designation during a certification period
unless there is a change in the composition of the
household.’’
Subsec. (d)(4)(B)(v). Pub. L. 101–624, § 1726(a), inserted
‘‘and literacy,’’ after ‘‘basic skills’’.
Subsec. (d)(4)(B)(vi), (vii). Pub. L. 101–624, § 1726(b)(1),
added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (d)(4)(E). Pub. L. 101–624, § 1726(c), inserted at
end ‘‘Through September 30, 1995, two States may, on
application to and after approval by the Secretary, give
priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a
State from compliance with the performance standards
issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary’s discretion, approve additional States’ requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under
this sentence and such other information as the Secretary determines to be appropriate.’’
Subsec. (d)(4)(L)(iii). Pub. L. 101–624, § 1726(d), substituted ‘‘October’’ for ‘‘April’’.
Subsec. (e). Pub. L. 101–624, § 1727, amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ‘‘No individual who is a member of a household
otherwise eligible to participate in the food stamp program under this section shall be eligible to participate
in the food stamp program as a member of that or any
other household if he or she (1) is physically and mentally fit and is between the ages of eighteen and sixty,
(2) is enrolled at least half time in an institution of
higher education, or is an individual who is not assigned to or placed in an institution of higher learning
through a program under the Job Training Partnership
Act, and (3)(A) is not employed a minimum of twenty
hours per week or does not participate in a federally financed work study program during the regular school
year; (B) is not a parent with responsibility for the care
of a dependent child under age six; (C) is not a parent
with responsibility for the care of a dependent child
above the age of five and under the age of twelve for
whom adequate child care is not available; (D) is not

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TITLE 7—AGRICULTURE

receiving aid to families with dependent children under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); or (E) is not so enrolled as a result of participation in the work incentive program under title IV
of the Social Security Act, as amended (42 U.S.C. 602).’’
1988—Subsec. (c)(1). Pub. L. 100–435, § 202(b), substituted subpars. (A) and (B) for undesignated provisions requiring households with household income determined on retrospective basis to file periodic reports
with system of less frequent reporting for certain categories of households.
Subsec. (c)(2). Pub. L. 100–435, § 202(c), added cl. (E).
Subsec. (d)(4)(B)(i). Pub. L. 100–435, § 404(a)(1), struck
out ‘‘have no obligation to incur costs exceeding $25 per
participant per month, as provided in subparagraph
(B)(vi), and the State agency shall’’ before ‘‘retain the
option’’.
Subsec. (d)(4)(B)(v). Pub. L. 100–435, § 404(a)(3), (4),
added cl. (v). Former cl. (v) redesignated (vi).
Subsec. (d)(4)(B)(vi). Pub. L. 100–435, § 404(a)(2), (3), redesignated former cl. (v) as (vi) and inserted ‘‘or the
State under regulations issued by the Secretary,’’ after
‘‘the Secretary’’ and ‘‘employment, educational and
training’’ after ‘‘other’’.
Subsec. (d)(4)(H). Pub. L. 100–435, § 404(b), added subpar. (H). Former subpar. (H) redesignated (I).
Subsec. (d)(4)(I). Pub. L. 100–435, § 404(b)(1), (c), redesignated subpar. (H) as (I) and amended subpar. generally. Prior to amendment, subpar. (I) read as follows:
‘‘The State agency shall reimburse participants in programs carried out under this paragraph, including
those participating under subparagraph (G), for the actual costs of transportation, and other actual costs,
that are reasonably necessary and directly related to
participation in the program, except that the State
agency may limit such reimbursement to each participant to $25 per month.’’ Former subpar. (I) redesignated
(J).
Subsec. (d)(4)(J), (K). Pub. L. 100–435, § 404(b)(1), redesignated subpars. (I) and (J) as (J) and (K), respectively.
Former subpar. (K) redesignated (M).
Subsec. (d)(4)(L). Pub. L. 100–435, § 404(b)(1), (d), added
subpar. (L) and redesignated former subpar. (L) as (N).
Subsec. (d)(4)(M), (N). Pub. L. 100–435, § 404(b)(1), redesignated former subpars. (K) and (L) as (M) and (N),
respectively.
1985—Subsec. (c)(1). Pub. L. 99–198, § 1513(b)(1), amended first sentence generally. Prior to amendment, first
sentence read as follows: ‘‘State agencies shall require
certain categories of households, including all households with earned income, except migrant farmworker
households, all households with potential earners, including individuals receiving unemployment compensation benefits and individuals required by subsection (d)
of this section to register for work, and all households
required to file a similar report under title IV–A of the
Social Security Act, but not including households that
have no earned income and in which all adult members
are elderly or disabled members, to file periodic reports
of household circumstances in accordance with standards prescribed by the Secretary, except that a State
agency may, with the prior approval of the Secretary,
select categories of households which may report at
specified less frequent intervals upon a showing by the
State agency, which is satisfactory to the Secretary,
that to require households in such categories to report
monthly would result in unwarranted expenditures for
administration of this subsection.’’
Pub. L. 99–198, § 1513(b)(2), inserted after second sentence, provision empowering State agencies to require
households, other than households with respect to
which household income is required by section
2014(f)(2)(A) of this title to be calculated on a prospective basis, to file periodic reports of household circumstances in accordance with the standards prescribed by the Secretary under the preceding provisions
of this paragraph.
Subsec. (d)(1). Pub. L. 99–198, § 1516(2), inserted sentences at end of par. (1) directing that any period of ineligibility for violations under this paragraph shall end

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when the household member who committed the violation complies with the requirement that has been violated, and that if the household member who committed the violation leaves the household during the
period of ineligibility, such household shall no longer
be subject to sanction for such violation and, if it is
otherwise eligible, may resume participation in the
food stamp program, but any other household of which
such person thereafter becomes the head of the household shall be ineligible for the balance of the period of
ineligibility.
Subsec. (d)(1)(A). Pub. L. 99–198, § 1516(1)(A), (B), designated existing provisions of first sentence of par. (1)
as cl. (A) and in provisions of cl. (A) as so designated
substituted ‘‘no person shall be eligible to participate
in the food stamp program who is a physically and
mentally fit person between the ages of sixteen and
sixty’’ for ‘‘no household shall be eligible for assistance
under this chapter if it includes a physically and mentally fit person between the ages of eighteen and sixty’’
in provisions preceding subcl. (i).
Subsec. (d)(1)(A)(ii). Pub. L. 99–198, § 1517(a)(1), substituted ‘‘refuses without good cause to participate in
an employment and training program under paragraph
(4), to the extent required under paragraph (4), including any reasonable employment requirements as are
prescribed by the State agency in accordance with
paragraph (4), and the period of ineligibility shall be
two months’’ for ‘‘refuses to fulfill whatever reasonable
reporting and inquiry about employment requirements
as are prescribed by the Secretary, which may include
a requirement that, at the option of the State agency,
such reporting and inquiry commence at the time of
application’’.
Subsec. (d)(1)(A)(iii), (iv). Pub. L. 99–198, § 1516(1)(C),
redesignated cl. (iv) as (iii). Former cl. (iii), relating to
a head of household who voluntarily quits any job without good cause, with a proviso that the period of ineligibility would be ninety days, was struck out.
Subsec. (d)(1)(B). Pub. L. 99–198, § 1516(1)(D), added cl.
(B).
Subsec. (d)(2)(F). Pub. L. 99–198, § 1516(3), added cl. (F).
Subsec. (d)(4). Pub. L. 99–198, § 1517(a)(2), added par.
(4).
Subsec. (e)(2). Pub. L. 99–198, § 1516(4), inserted ‘‘or is
an individual who is not assigned to or placed in an institution of higher learning through a program under
the Job Training Partnership Act,’’.
Subsec. (f)(2)(D). Pub. L. 99–198, § 1516(5)(A), (B), substituted ‘‘sections 1157 and 1158 of title 8’’ for ‘‘section
1153(a)(7) of title 8 because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity’’.
Subsec. (f)(2)(F). Pub. L. 99–198, § 1516(5)(C), struck out
‘‘because of the judgment of the Attorney General that
the alien would otherwise be subject to persecution on
account of race, religion, or political opinion’’ after
‘‘section 1253(h) of title 8’’.
1983—Subsec. (c)(1). Pub. L. 98–204, § 5, inserted sentence authorizing the Secretary to permit State agencies to accept, as satisfying the requirement that
households report at such specified less frequent intervals, (i) recertifications conducted in accordance with
section 2020(e)(4) of this title, (ii) in-person interviews
conducted during a certification period, (iii) written reports filed by households, or (iv) such other documentation or actions as the Secretary may prescribe.
Subsec. (c)(3). Pub. L. 98–204, § 6, substituted ‘‘Reports
required to be filed monthly under paragraph (1) shall
be the sole reporting requirement for subject matter included in such reports’’ for ‘‘The reporting requirements contained in paragraph (1) of this subsection
shall be the sole such requirements for reporting
changes in circumstances for participating households’’.
1982—Subsec. (c)(1). Pub. L. 97–253, §§ 145(e), 154, 155, in
first sentence substituted ‘‘in which all adult members
are elderly or disabled members’’ for ‘‘in which all
members are sixty years of age or over or receive sup-

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TITLE 7—AGRICULTURE

plemental security income benefits under title XVI of
the Social Security Act or disability and blindness payments under title I, II, X, XIV, and XVI of the Social
Security Act’’ and inserted provision that a State agency may, with the prior approval of the Secretary, select
categories of households which may report at specified
less frequent intervals upon a showing by the State
agency, which is satisfactory to the Secretary, that to
require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection, and, in last sentence,
struck out ‘‘, on a form designed or approved by the
Secretary,’’ after ‘‘to the State agency’’.
Subsec. (c)(5). Pub. L. 97–253, § 156, added par. (5).
Subsec. (d)(1). Pub. L. 97–253, §§ 157, 158, inserted
‘‘, which may include a requirement that, at the option
of the State agency, such reporting and inquiry commence at the time of application’’ after ‘‘Secretary’’ in
cl. (ii), substituted ‘‘ninety days’’ for ‘‘sixty days from
the time of the voluntary quit’’ in cl. (iii), and inserted
provision that an employee of the Federal Government,
or of a State or political subdivision of a State, who engaged in a strike against the Federal Government, a
State or political subdivision of a State and is dismissed from his job because of his participation in the
strike shall be considered to have voluntarily quit such
job without good cause.
Subsec. (d)(2)(C). Pub. L. 97–253, §§ 159, 190(a), redesignated subpar. (D) as (C), and struck out former subpar.
(C) which provided that a person who would otherwise
be required to comply with the requirements of par. (1)
was exempt if he or she was a parent or other caretaker
of a child in a household where there was another ablebodied parent subject to the requirements of this subsection.
Subsec. (d)(2)(D) to (F). Pub. L. 97–253, § 190(a), redesignated subpars. (D) to (F) as (C) to (E), respectively.
Former subpar. (D) redesignated (C).
Subsec. (d)(3), (4). Pub. L. 97–253, §§ 160, 190(b), redesignated par. (4) as (3), and struck out former par. (3)
which provided that to the extent that a State employment service was assigned responsibility for administering the provisions of this subsection, it had to
comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations
had to be patterned to the maximum extent practicable
on the work incentive program requirements set forth
in title IV of the Social Security Act and had to take
into account the diversity of the needs of the food
stamp work registration population.
Subsec. (e)(3)(B). Pub. L. 97–253, § 161, substituted
‘‘; (B) is not a parent with responsibility for the care of
a dependent child under age six;’’ for ‘‘or (B) is not the
head of a household (or spouse of such head) containing
one or more other persons who are dependents of that
individual because he or she supplies more than half of
their support, or’’.
Subsec. (e)(3)(C) to (E). Pub. L. 97–253, § 161, added
subpars. (C) and (D) and redesignated former subpar. (C)
as (E).
Subsec. (g)(2). Pub. L. 97–253, § 189(b)(1), substituted
reference to the Secretary of Health and Human Services for former reference to the Secretary of Health,
Education, and Welfare.
1981—Subsec. (b). Pub. L. 97–35, § 112, substituted provisions setting forth disqualification penalties for fraud
and misrepresentation, ineligibility period for benefits,
and applicable procedures, for provisions relating to
prior fraudulent use of coupons or authorization cards,
ineligibility period for benefits, and repayment for
fraudulent conduct.
Subsec. (c). Pub. L. 97–35, § 108(b), in par. (1) inserted
provisions enumerating categories of households subject to requirements, and substituted ‘‘(f)’’ for ‘‘(f)(2)’’,
and added par. (4).
Subsec. (c)(1). Pub. L. 97–35, § 108(c), struck out provisions respecting election of retrospective accounting
system, and filing of periodic reports by household categories.
Subsec. (d)(1). Pub. L. 97–98, §§ 1310, 1311(1), (2), substituted in cl. (i) ‘‘twelve’’ for ‘‘six’’, struck out in cl.

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(iii) ‘‘, unless the household was certified for benefits
under this chapter immediately prior to such unemployment’’ after ‘‘without good cause’’, and inserted in
cl. (iv) ‘‘(including the lack of adequate child care for
children above the age of five and under the age of
twelve)’’ after ‘‘good cause’’.
Subsec. (d)(2). Pub. L. 97–98, § 1311(3), (4), inserted in
cl. (A) ‘‘, in which case, failure by such person to comply with any work requirement to which such person is
subject that is comparable to a requirement of paragraph (1) shall be the same as failure to comply with
that requirement of paragraph (1)’’ after ‘‘compensation system’’ and substituted in cl. (B) ‘‘six’’ for
‘‘twelve’’.
Subsec. (d)(4). Pub. L. 97–35, § 109(a), inserted provisions relating to an increase in allotments as a result
of a decrease in income of striking members of a household, and struck out proviso relating to income qualifications, etc., of subsec. (i).
Subsec. (i). Pub. L. 97–35, § 109(c), struck out subsec.
(i) which related to eligibility of a household containing a person involved in a labor-management dispute.
1980—Subsec. (b). Pub. L. 96–249, § 109, inserted provisions permitting each State to decide to proceed
against alleged fraud in the program either by way of
administrative fraud hearings or by way of reference to
appropriate legal authorities for civil or criminal action, or both.
Subsec. (c). Pub. L. 96–249, § 110, inserted provisions
compelling States electing to use a retrospective accounting system to require that certain categories of
households file periodic reports of household circumstances following standards prescribed by the Secretary.
Subsec. (d)(2)(D). Pub. L. 96–249, § 140, substituted ‘‘enrolled in an institution of higher education shall be ineligible to participate in the food stamp program unless he or she meets the requirements of subsection (e)
of this section)’’ for ‘‘shall be subject to the requirements of paragraph (1) of this subsection during any period of more than thirty days when such school or program is in vacation or recess and any such person enrolled in an institution of higher education shall be
subject to the requirements of subsection (e)(3)(B) of
this section as well)’’.
Subsec. (d)(4). Pub. L. 96–249, § 114, added par. (4).
Subsec. (e). Pub. L. 96–249, § 139, substituted requirement that he or she is physically and mentally fit and
is between the ages of eighteen and sixty for requirement that he or she has reached his or her eighteenth
birthday, inserted requirement that he or she is not so
enrolled as a result of participation in the work incentive program under title IV of the Social Security Act,
and struck out requirement that he or she is properly
claimed or could properly be claimed as a dependent
child for Federal income tax purposes.
Subsec. (f). Pub. L. 96–249, § 115, inserted provisions
requiring that the income (less a pro rata share) and financial resources of the individual rendered ineligible
to participate in the food stamp program under this
subsection be considered in determining the eligibility
and the value of the allotment of the household of
which such individual is a member.
1979—Subsec. (b). Pub. L. 96–58, § 5, provided that,
after any specified period of disqualification pursuant
to findings under clauses (1) or (2) of this subsection, no
disqualified individual would be eligible to participate
in the food stamp program unless that individual
agreed to a reduction in the allotment of the household
of which that individual is a member or to repayment
in cash, in accordance with a reasonable schedule as determined by the Secretary that would be sufficient over
time to reimburse the Federal Government for the
value of the coupons obtained through the fraudulent
conduct, and that if any disqualified individual elected
repayment in cash under the provisions of the preceding sentence and failed to make payments in accordance with the schedule determined by the Secretary, the household of which that individual was a

§ 2015

TITLE 7—AGRICULTURE

member would be subject to appropriate allotment reductions.
Subsec. (i). Pub. L. 96–58, § 9, added subsec. (i).
1977—Pub. L. 95–113 substituted revised provisions
covering eligibility disqualifications for provisions relating to the issuance, usage, and design of coupons
which are now covered by section 2016 of this title.
1976—Subsecs. (b) to (e). Pub. L. 94–339 added subsecs.
(b) and (c) and redesignated former subsecs. (b) and (c)
as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries

Page 1284

continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.

EFFECTIVE DATE OF 2014 AMENDMENTS

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.
Amendment by section 4008(a) of Pub. L. 113–79 inapplicable to a conviction if the conviction is for conduct
occurring on or before Feb. 7, 2014, see section 4008(c) of
Pub. L. 113–79, set out as a note under section 2014 of
this title.

Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Sept. 1, 1994, see section
13971(b)(4) of Pub. L. 103–66, set out as a note under section 2025 of this title.

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(3), 4105, 4108,
4112, 4115(b)(4), and 4131 of Pub. L. 110–246 effective Oct.
1, 2008, see section 4407 of Pub. L. 110–246, set out as a
note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4121(e), May 13, 2002, 116
Stat. 324, provided that: ‘‘The amendments made by
this section [amending this section and section 2025 of
this title] take effect on the date of enactment of this
Act [May 13, 2002].’’
Amendment by sections 4109, 4115(b)(2) of Pub. L.
107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an
Effective Date note under section 1161 of Title 2, The
Congress.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, § 405(d)(2)(B)]
of Pub. L. 105–277 effective Oct. 21, 1998, and amendment
by section 101(f) [title VIII, § 405(f)(2)(B)] of Pub. L.
105–277 effective July 1, 2000, see section 101(f) [title
VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a
note under section 3502 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–33, title I, § 1005(b), Aug. 5, 1997, 111 Stat.
257, provided that: ‘‘The amendments made by sections
1001 and 1002 [amending this section and section 2025 of
this title] take effect on October 1, 1997, without regard
to whether regulations have been promulgated to implement the amendments made by such sections.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of Title 8, Aliens and Nationality.
Amendment by section 109(b) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and

EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 908 [probably should be 907] of
Pub. L. 102–237 effective Sept. 30, 1991, and amendment
by section 941(3) of Pub. L. 102–237 effective and to be
implemented no later than Feb. 1, 1992, see section
1101(d)(1), (3) of Pub. L. 102–237, set out as a note under
section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated
not later than Oct. 1, 1991, see section 1781(a) of Pub. L.
101–624, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by sections 202(b), (c) and 404(a)(2)–(4),
(b), (d) of Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, and amendment by section
404(a)(1), (c) of Pub. L. 100–435 to be effective and implemented on July 1, 1989, except that amendment by section 404 of Pub. L. 100–435 to become effective and implemented on Oct. 1, 1989, if final order is issued under
section 902(b) of Title 2, The Congress, for fiscal year
1989 making reductions and sequestrations specified in
the report required under section 901(a)(3)(A) of Title 2,
see section 701(a), (b)(4), (c)(2) of Pub. L. 100–435, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by Pub. L. 97–35, except section 108(c) of
Pub. L. 97–35 (which amended this section), effective on
earlier of Sept. 8, 1982, or date such amendment became
effective pursuant to section 117 of Pub. L. 97–35, set
out as a note under section 2012 of this title, see section
192(a) of Pub. L. 97–253, set out as a note under section
2012 of this title.
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title. See section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
Amendments by Pub. L. 97–35, except for amendment
made by section 108(c) of Pub. L. 97–35, effective and
implemented upon such dates as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97–35,
set out as a note under section 2012 of this title.

Page 1285

TITLE 7—AGRICULTURE

Pub. L. 97–35, title I, § 108(c), Aug. 13, 1981, 95 Stat. 361,
provided that the amendment made by section 108(c) is
effective Oct. 1, 1983.
EFFECTIVE DATE OF 1979 AMENDMENT
Secretary of Agriculture to issue final regulations
implementing the amendment of subsec. (b) of this section by Pub. L. 96–58 within 150 days after Aug. 14, 1979,
see section 10(b) of Pub. L. 96–58, set out as a note under
section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
REGULATIONS
Pub. L. 105–33, title I, § 1005(a), Aug. 5, 1997, 111 Stat.
257, provided that: ‘‘Not later than 1 year after the date
of enactment of this Act [Aug. 5, 1997], the Secretary of
Agriculture shall promulgate such regulations as are
necessary to implement the amendments made by this
title [amending this section and sections 2020 and 2025
of this title].’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of Title
8, Aliens and Nationality.
TRANSITION PROVISION FOR WORK REQUIREMENT
Pub. L. 104–193, title VIII, § 824(b), Aug. 22, 1996, 110
Stat. 2324, provided that: ‘‘The term ‘preceding 36month period’ in section 6(o) of the Food Stamp Act of
1977 [now the Food and Nutrition Act of 2008, 7 U.S.C.
2015(o)], as added by subsection (a), does not include,
with respect to a State, any period before the earlier
of—
‘‘(1) the date the State notifies recipients of food
stamp benefits of the application of section 6(o); or
‘‘(2) the date that is 3 months after the date of enactment of this Act [Aug. 22, 1996].’’
EXEMPTION FROM MONTHLY REPORTING SYSTEMS FOR
HOUSEHOLDS RESIDING ON INDIAN RESERVATIONS
Pub. L. 102–237, title IX, § 908(a)(2), Dec. 13, 1991, 105
Stat. 1886, as amended by Pub. L. 103–11, § 1, Apr. 1, 1993,
107 Stat. 41; Pub. L. 103–205, § 1, Dec. 17, 1993, 107 Stat.
2418, provided that no State agency be required to exempt households residing on Indian reservations from
food stamp program monthly reporting systems until
Mar. 15, 1994, and directed Secretary of Agriculture to
issue final regulations requiring exemption of households residing on Indian reservations from food stamp
program monthly reporting systems no later than Dec.
1, 1992, prior to repeal by Pub. L. 103–225, title I, § 104(a),
Mar. 25, 1994, 108 Stat. 107.
MANDATORY MONTHLY REPORTING-RETROSPECTIVE
BUDGETING FOR FOOD STAMP PROGRAM; PROHIBITION
Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 735, provided in part that no part of any of the funds appropriated or otherwise made available by Pub. L. 98–107 or
any other Act could be used to implement mandatory
monthly reporting-retrospective budgeting for the food
stamp program during the first three months of the fiscal year ending Sept. 30, 1984.

§ 2016. Issuance and use of program benefits
(a) In general
Except as provided in subsection (i), EBT
cards shall be issued only to households which
have been duly certified as eligible to participate in the supplemental nutrition assistance
program.

§ 2016

(b) Use
Benefits issued to eligible households shall be
used by them only to purchase food from retail
food stores which have been approved for participation in the supplemental nutrition assistance program at prices prevailing in such stores:
Provided, That nothing in this chapter shall be
construed as authorizing the Secretary to specify the prices at which food may be sold by
wholesale food concerns or retail food stores.
(c) Design
(1) In general
EBT cards issued to eligible households shall
be simple in design and shall include only such
words or illustrations as are required to explain their purpose.
(2) Prohibition
The name of any public official shall not appear on any EBT card.
(d) Delivery and control procedures
The Secretary shall prescribe appropriate procedures for the delivery of benefits to benefit
issuers and for the subsequent controls to be
placed over such benefits by benefit issuers in
order to ensure adequate accountability.
(e) State issuance liability
Notwithstanding any other provision of this
chapter, the State agency shall be strictly liable
to the Secretary for any financial losses involved in the acceptance, storage and issuance
of benefits, except that in the case of losses resulting from the issuance and replacement of
authorizations for benefits which are sent
through the mail, the State agency shall be liable to the Secretary to the extent prescribed in
the regulations promulgated by the Secretary.
(f) Alternative benefit delivery
(1) In general
If the Secretary determines, in consultation
with the Inspector General of the Department
of Agriculture, that it would improve the integrity of the supplemental nutrition assistance program, the Secretary shall require a
State agency to issue or deliver benefits using
alternative methods.
(2) Imposition of costs
(A) In general
Except as provided in subparagraph (B),
the Secretary shall require participating retail food stores (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled,
and homeless) to pay 100 percent of the costs
of acquiring, and arrange for the implementation of, electronic benefit transfer pointof-sale equipment and supplies, including related services.
(B) Exemptions
The Secretary may exempt from subparagraph (A)—
(i) farmers’ markets and other direct-toconsumer markets, military commissaries,
nonprofit food buying cooperatives, and establishments, organizations, programs, or
group living arrangements described in

§ 2016

TITLE 7—AGRICULTURE

paragraphs (5), (7), and (8) of section
2012(k) of this title; and
(ii) establishments described in paragraphs (3), (4), and (9) of section 2012(k) of
this title, other than restaurants participating in a State option restaurant program.
(C) Interchange fees
Nothing in this paragraph permits the
charging of fees relating to the redemption
of supplemental nutrition assistance program benefits, in accordance with subsection
(h)(13).
(3) Devaluation and termination of issuance of
paper coupons
(A) Coupon issuance
Effective on the date of enactment of the
Food, Conservation, and Energy Act of 2008,
no State shall issue any coupon, stamp, certificate, or authorization card to a household that receives supplemental nutrition
assistance under this chapter.
(B) EBT cards
Effective beginning on the date that is 1
year after the date of enactment of the
Food, Conservation, and Energy Act of 2008,
only an EBT card issued under subsection (i)
shall be eligible for exchange at any retail
food store.
(C) De-obligation of coupons
Coupons not redeemed during the 1-year
period beginning on the date of enactment of
the Food, Conservation, and Energy Act of
2008 shall—
(i) no longer be an obligation of the Federal Government; and
(ii) not be redeemable.
(4) Termination of manual vouchers
(A) In general
Effective beginning on February 7, 2014,
except as provided in subparagraph (B), no
State shall issue manual vouchers to a
household that receives supplemental nutrition assistance under this chapter or allow
retail food stores to accept manual vouchers
as payment, unless the Secretary determines
that the manual vouchers are necessary,
such as in the event of an electronic benefit
transfer system failure or a disaster situation.
(B) Exemptions
The Secretary may exempt categories of
retail food stores or individual retail food
stores from subparagraph (A) based on criteria established by the Secretary.
(5) Unique identification number required
(A) In general
To enhance the anti-fraud protections of
the program, the Secretary shall require all
parties providing electronic benefit transfer
services to provide for and maintain unique
terminal identification number information
through the supplemental nutrition assistance program electronic benefit transfer
transaction routing system.

Page 1286

(B) Regulations
(i) In general
Not earlier than 2 years after February
7, 2014, the Secretary shall issue proposed
regulations to carry out this paragraph.
(ii) Commercial practices
In issuing regulations to carry out this
paragraph, the Secretary shall consider existing commercial practices for other
point-of-sale debit transactions.
(C) Operation of individual point of sale device by farmers’ markets and direct marketing farmers
A farmers’ market or direct marketing
farmer that is exempt under paragraph
(2)(B)(i) shall be allowed to operate an individual electronic benefit transfer point of
sale device at more than 1 location under
the same supplemental nutrition assistance
program authorization, if—
(i) the farmers’ market or direct marketing farmer provides to the Secretary
information on location and hours of operation at each location; and
(ii)(I) the point of sale device used by the
farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or
(II) if the Secretary determines that the
technology is not available for a point of
sale device to meet the requirement under
subclause (I), the farmers’ market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.
(g) Staggered issuance procedures
(1) The State agency may establish a procedure for staggering the issuance of benefits to
eligible households throughout the month. Upon
the request of the tribal organization that exercises governmental jurisdiction over the reservation, the State agency shall stagger the
issuance of benefits for eligible households located on reservations for at least 15 days of a
month.
(2) REQUIREMENTS.—
(A) IN GENERAL.—Any procedure established
under paragraph (1) shall—
(i) not reduce the allotment of any household for any period; and
(ii) ensure that no household experiences
an interval between issuances of more than
40 days.
(B) MULTIPLE ISSUANCES.—The procedure
may include issuing benefits to a household in
more than 1 issuance during a month only
when a benefit correction is necessary.
(h) Electronic benefit transfers
(1) IN GENERAL.—
(A) IMPLEMENTATION.—Not later than October 1, 2002, each State agency shall implement
an electronic benefit transfer system under
which household benefits determined under
section 2017(a) or 2035 of this title are issued

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TITLE 7—AGRICULTURE

from and stored in a central databank, unless
the Secretary provides a waiver for a State
agency that faces unusual barriers to implementing an electronic benefit transfer system.
(B) TIMELY IMPLEMENTATION.—Each State
agency is encouraged to implement an electronic benefit transfer system under subparagraph (A) as soon as practicable.
(C) STATE FLEXIBILITY.—Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system
under the terms, conditions, and design that
the State agency considers appropriate.
(D) OPERATION.—An electronic benefit transfer system should take into account generally
accepted standard operating rules based on—
(i) commercial electronic funds transfer
technology;
(ii) the need to permit interstate operation
and law enforcement monitoring; and
(iii) the need to permit monitoring and investigations by authorized law enforcement
agencies.
(2) The Secretary shall issue final regulations
that establish standards for the approval of such
a system and shall periodically review such regulations and modify such regulations to take
into account evolving technology and comparable industry standards. 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) unless determined by the Secretary to be
located in an area with significantly limited
access to food, measures that require an electronic benefit transfer system—
(I) to set and enforce sales restrictions
based on benefit transfer payment eligibility
by using scanning or product lookup entry;
and
(II) to deny benefit tenders for manually
entered sales of ineligible items.
(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

§ 2016

participate in the system throughout the area
in which it will operate to ensure that eligible
households will not suffer a significant reduction in their choice of retail food stores or a
significant increase in the cost of food or
transportation to participating food stores;
and
(B) any special equipment necessary to allow
households to purchase food with the benefits
issued under this chapter is operational at a
sufficient number of registers to provide service that is comparable to service provided individuals who are not members of households
receiving supplemental nutrition assistance
program benefits, as determined by the Secretary.
(4) Administrative costs incurred in connection with activities under this subsection shall
be eligible for reimbursement in accordance
with section 2025 of this title, subject to the limitations in section 2025(g) of this title.
(5) The Secretary shall periodically inform
State agencies of the advantages of using electronic benefit systems to issue benefits in accordance with this subsection in lieu of issuing
coupons to households.
(6) This subsection shall not diminish the authority of the Secretary to conduct projects to
test automated or electronic benefit delivery
systems under section 2026(f) of this title.
(7) REPLACEMENT OF BENEFITS.—Regulations
issued by the Secretary regarding the replacement of benefits and liability for replacement of
benefits under an electronic benefit transfer system shall be similar to the regulations in effect
for a paper-based supplemental nutrition assistance issuance system.
(8) REPLACEMENT OF CARDS.—
(A) FEES.—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.
(B) PURPOSEFUL LOSS OF CARDS.—
(i) IN GENERAL.—Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household
makes excessive requests for replacement of
the electronic benefit transfer card of the
household, the Secretary may require a
State agency to decline to issue a replacement card to the household unless the
household, upon request of the State agency,
provides an explanation for the loss of the
card.
(ii) REQUIREMENTS.—The terms and conditions established by the Secretary shall provide that—
(I) the household be given the opportunity to provide the requested explanation and meet the requirements under
this paragraph promptly;
(II) after an excessive number of lost
cards, the head of the household shall be
required to review program rights and responsibilities with State agency personnel
authorized to make determinations under
section 2014(a) of this title; and
(III) any action taken, including actions
required under section 2015(b)(2) of this
title, other than the withholding of the

§ 2016

TITLE 7—AGRICULTURE
electronic benefit transfer card until an
explanation described in subclause (I) is
provided, shall be consistent with the due
process protections under section 2015(b) or
2020(e)(10) of this title, as appropriate.

(C) PROTECTING VULNERABLE PERSONS.—In
implementing this paragraph, a State agency
shall act to protect homeless persons, persons
with disabilities, victims of crimes, and other
vulnerable persons who lose electronic benefit
transfer cards but are not intentionally committing fraud.
(D) EFFECT ON ELIGIBILITY.—While a State
may decline to issue an electronic benefits
transfer card until a household satisfies the
requirements under this paragraph, nothing in
this paragraph shall be considered a denial of,
or limitation on, the eligibility for benefits
under section 2014 of this title.
(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) FEDERAL LAW NOT APPLICABLE.—Section
1693o–2 of title 15 shall not apply to electronic
benefit transfer or reimbursement systems
under this chapter.
(11) APPLICATION OF ANTI-TYING RESTRICTIONS
TO ELECTRONIC BENEFIT TRANSFER SYSTEMS.—
(A) DEFINITIONS.—In this paragraph:
(i) AFFILIATE.—The term ‘‘affiliate’’ has
the meaning provided the term in section
1841(k) of title 12.
(ii) COMPANY.—The term ‘‘company’’ has
the meaning provided the term in section
1971 of title 12, but shall not include a bank,
a bank holding company, or any subsidiary
of a bank holding company.
(iii) ELECTRONIC BENEFIT TRANSFER SERVICE.—The term ‘‘electronic benefit transfer
service’’ means the processing of electronic
transfers of household benefits, determined
under section 2017(a) or 2035 of this title, if
the benefits are—
(I) issued from and stored in a central
databank;
(II) electronically accessed by household
members at the point of sale; and
(III) provided by a Federal or State government.
(iv) POINT-OF-SALE SERVICE.—The term
‘‘point-of-sale service’’ means any product or
service related to the electronic authorization and processing of payments for merchandise at a retail food store, including
credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems.
(B) RESTRICTIONS.—A company may not sell
or provide electronic benefit transfer services,
or fix or vary the consideration for electronic

Page 1288

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-ofsale service from a competitor of the company or competitor of any affiliate of the
company.
(C) CONSULTATION WITH THE FEDERAL REBOARD.—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.

SERVE

(12) RECOVERING ELECTRONIC BENEFITS.—
(A) IN GENERAL.—A State agency shall establish a procedure for recovering electronic benefits from the account of a household due to
inactivity, or due to the death of all members
of the household.
(B) BENEFIT STORAGE.—
(i) IN GENERAL.—A State agency may store
recovered electronic benefits off-line in accordance with clause (ii), if the household
has not accessed the account after 3 months.
(ii) NOTICE OF BENEFIT STORAGE.—A State
agency shall—
(I) send notice to a household the benefits of which are stored under clause (i);
and
(II) not later than 48 hours after request
by the household, make the stored benefits
available to the household.
(C) BENEFIT EXPUNGING.—
(i) IN GENERAL.—Subject to clause (ii), a
State agency shall expunge benefits that
have not been accessed by a household after
a period of 9 months, or upon verification
that all members of the household are deceased.
(ii) NOTICE OF BENEFIT EXPUNGING.—Not
later than 30 days before benefits are to be
expunged under clause (i), a State agency
shall—
(I) provide sufficient notice to the household that benefits will be expunged due to
inactivity, and the date upon which benefits will be expunged;
(II) for benefits stored off-line in accordance with subparagraph (B), provide the
household an opportunity to request that
such benefits be restored to the household;
and
(III) not later than 48 hours after request
by the household, make the benefits available to the household.
(D) NOTICE.—A State agency shall—
(i) send notice to a household the benefits
of which are stored under subparagraph (B);
and
(ii) not later than 48 hours after request by
the household, make the stored benefits
available to the household.
(13) FEES.—
(A) INTERCHANGE FEES.—No interchange fees
shall apply to electronic benefit transfer
transactions under this subsection.
(B) OTHER FEES.—Effective through fiscal
year 2023, neither a State, nor any agent, con-

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tractor, or subcontractor of a State who facilitates the provision of supplemental nutrition
assistance program benefits in such State may
impose a fee for switching (as defined in subsection (j)(1)(H)) or routing such benefits.
(14) MOBILE TECHNOLOGIES.—
(A) IN GENERAL.—Subject to subparagraph
(B), the Secretary shall authorize the use of
mobile technologies for the purpose of accessing supplemental nutrition assistance program benefits.
(B) DEMONSTRATION PROJECTS ON ACCESS OF
BENEFITS THROUGH MOBILE TECHNOLOGIES.—
(i) DEMONSTRATION PROJECTS.—Before authorizing implementation of subparagraph
(A) in all States, the Secretary shall approve
not more than 5 demonstration project proposals submitted by State agencies that will
pilot the use of mobile technologies for supplemental nutrition assistance program benefits access.
(ii) PROJECT REQUIREMENTS.—To be eligible
to participate in a demonstration project
under clause (i), a State agency shall submit
to the Secretary for approval a plan that—
(I) provides recipient protections regarding privacy, ease of use, household access
to benefits, and support similar to the protections provided under existing methods;
(II) ensures that all recipients, including
those without access to mobile payment
technology and those who shop across
State borders, have a means of benefit access;
(III) requires retail food stores, unless
exempt under section 2016(f)(2)(B) of this
title, to bear the costs of acquiring and arranging for the implementation of pointof-sale equipment and supplies for the redemption of benefits that are accessed
through mobile technologies;
(IV) requires that foods purchased with
benefits issued under this section through
mobile technologies are purchased at a
price not higher than the price of the same
food purchased by other methods used by
the retail food store, as determined by the
Secretary;
(V) ensures adequate documentation for
each authorized transaction, adequate security measures to deter fraud, and adequate access to retail food stores that accept benefits accessed through mobile
technologies, as determined by the Secretary;
(VI) provides for an evaluation of the
demonstration project, including, but not
limited to, an evaluation of household access to benefits;
(VII) requires that the State demonstration projects are voluntary for all retail
food stores and that all recipients are able
to use benefits in non-participating retail
food stores; and
(VIII) meets other criteria as established
by the Secretary.
Secretary
may
(iii)
PRIORITY.—The
prioritize demonstration project proposals
that would—
(I) reduce fraud;

§ 2016

(II) encourage positive nutritional outcomes; and
(III) meet such other criteria as determined by the Secretary.
(iv) DATE OF PROJECT APPROVAL.—The Secretary shall solicit and approve the qualifying demonstration projects required under
subparagraph (B)(i) not later than January
1, 2021.
(C) REPORT TO CONGRESS.—The Secretary
shall—
(i) by not later than January 1, 2022, authorize implementation of subparagraph (A)
in all States, unless the Secretary makes a
finding, based on the data provided under
subparagraph (B), that implementation in
all States requires further study by way of
an extended pilot period or is not in the best
interest of the supplemental nutrition assistance program; and
(ii) if the determination made in clause (i)
is not to implement subparagraph (A) in all
States, submit a report to the Committee on
Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding.
(i) State option to issue benefits to certain individuals made ineligible by welfare reform
(1) In general
Notwithstanding any other provision of law,
a State agency may, with the approval of the
Secretary, issue benefits under this chapter to
an individual who is ineligible to participate
in the supplemental nutrition assistance program solely as a result of section 2015(o)(2) of
this title or section 1612 or 1613 of title 8.
(2) State payments to Secretary
(A) In general
Not later than the date the State agency
issues benefits to individuals under this subsection, the State agency shall pay the Secretary, in accordance with procedures established by the Secretary, an amount that is
equal to—
(i) the value of the benefits; and
(ii) the costs of issuing and redeeming
benefits, and other Federal costs, incurred
in providing the benefits, as determined by
the Secretary.
(B) Crediting
Notwithstanding section 3302(b) of title 31,
payments received under subparagraph (A)
shall be credited to the supplemental nutrition assistance program appropriation account or the account from which the costs
were drawn, as appropriate, for the fiscal
year in which the payment is received.
(3) Reporting
To be eligible to issue benefits under this
subsection, a State agency shall comply with
reporting requirements established by the Secretary to carry out this subsection.
(4) Plan
To be eligible to issue benefits under this
subsection, a State agency shall—

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TITLE 7—AGRICULTURE

(A) submit a plan to the Secretary that describes the conditions and procedures under
which the benefits will be issued, including
eligibility standards, benefit levels, and the
methodology the State agency will use to
determine amounts due the Secretary under
paragraph (2); and
(B) obtain the approval of the Secretary
for the plan.
(5) Violations
A sanction, disqualification, fine, or other
penalty prescribed under Federal law (including sections 2021 and 2024 of this title) shall
apply to a violation committed in connection
with a benefit issued under this subsection.
(6) Ineligibility for administrative reimbursement
Administrative and other costs incurred in
issuing a benefit under this subsection shall
not be eligible for Federal funding under this
chapter.
(7) Exclusion from enhanced payment accuracy systems
Section 2025(c) of this title shall not apply to
benefits issued under this subsection.
(j) Interoperability and portability of electronic
benefit transfer transactions
(1) Definitions
In this subsection:
(A) Electronic benefit transfer card
The term ‘‘electronic benefit transfer
card’’ means a card that provides benefits
under this chapter through an electronic
benefit transfer service (as defined in subsection (h)(11)(A)).
(B) Electronic benefit transfer contract
The term ‘‘electronic benefit transfer contract’’ means a contract that provides for
the issuance, use, or redemption of program
benefits in the form of electronic benefit
transfer cards.
(C) Interoperability
The term ‘‘interoperability’’ means a system that enables program benefits in the
form of an electronic benefit transfer card to
be redeemed in any State.
(D) Interstate transaction
The term ‘‘interstate transaction’’ means
a transaction that is initiated in 1 State by
the use of an electronic benefit transfer card
that is issued in another State.
(E) Portability
The term ‘‘portability’’ means a system
that enables program benefits in the form of
an electronic benefit transfer card to be used
in any State by a household to purchase food
at a retail food store or wholesale food concern approved under this chapter.
(F) Settling
The term ‘‘settling’’ means movement, and
reporting such movement, of funds from an
electronic benefit transfer card issuer that is
located in 1 State to a retail food store, or
wholesale food concern, that is located in

Page 1290

another State, to accomplish an interstate
transaction.
(G) Smart card
The term ‘‘smart card’’ means an intelligent benefit card described in section
2026(f) of this title.
(H) Switching
The term ‘‘switching’’ means the routing
of an intrastate or interstate transaction
that consists of transmitting the details of a
transaction electronically recorded through
the use of an electronic benefit transfer card
in one State to the issuer of the card that
may be in the same or different State.
(2) Requirement
Not later than October 1, 2002, the Secretary
shall ensure that systems that provide for the
electronic issuance, use, and redemption of
program benefits in the form of electronic benefit transfer cards are interoperable, and supplemental nutrition assistance program benefits are portable, among all States.
(3) Cost
The cost of achieving the interoperability
and portability required under paragraph (2)
shall not be imposed on any retail store, or
any wholesale food concern, approved to participate in the supplemental nutrition assistance program.
(4) Standards
Not later than 210 days after February 11,
2000, the Secretary shall promulgate regulations that—
(A) adopt a uniform national standard of
interoperability and portability required
under paragraph (2) that is based on the
standard of interoperability and portability
used by a majority of State agencies; and
(B) require that any electronic benefit
transfer contract that is entered into 30 days
or more after the regulations are promulgated, by or on behalf of a State agency, provide for the interoperability and portability
required under paragraph (2) in accordance
with the national standard.
(5) Exemptions
(A) Contracts
The requirements of paragraph (2) shall
not apply to the transfer of benefits under
an electronic benefit transfer contract before the expiration of the term of the contract if the contract—
(i) is entered into before the date that is
30 days after the regulations are promulgated under paragraph (4); and
(ii) expires after October 1, 2002.
(B) Waiver
At the request of a State agency, the Secretary may provide 1 waiver to temporarily
exempt, for a period ending on or before the
date specified under clause (iii), the State
agency from complying with the requirements of paragraph (2), if the State agency—
(i) establishes to the satisfaction of the
Secretary that the State agency faces unusual technological barriers to achieving

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by October 1, 2002, the interoperability and
portability required under paragraph (2);
(ii) demonstrates that the best interest
of the supplemental nutrition assistance
program would be served by granting the
waiver with respect to the electronic benefit transfer system used by the State
agency to administer the supplemental nutrition assistance program; and
(iii) specifies a date by which the State
agency will achieve the interoperability
and portability required under paragraph
(2).
(C) Smart card systems
The Secretary shall allow a State agency
that is using smart cards for the delivery of
supplemental nutrition assistance program
benefits to comply with the requirements of
paragraph (2) at such time after October 1,
2002, as the Secretary determines that a
practicable technological method is available for interoperability with electronic benefit transfer cards.
(6) Funding
(A) In general
In accordance with regulations promulgated by the Secretary, the Secretary shall
pay 100 percent of the costs incurred by a
State agency under this chapter for switching and settling interstate transactions—
(i) incurred after February 11, 2000, and
before October 1, 2002, if the State agency
uses the standard of interoperability and
portability adopted by a majority of State
agencies; and
(ii) incurred after September 30, 2002, if
the State agency uses the uniform national standard of interoperability and
portability
adopted
under
paragraph
(4)(A).
(B) Limitation
The total amount paid to State agencies
for each fiscal year under subparagraph (A)
shall not exceed $500,000.
(k) Acceptance of program benefits through online transactions
(1) In general
Subject to paragraph (4), the Secretary shall
approve retail food stores to accept benefits
from recipients of supplemental nutrition assistance through on-line transactions.
(2) Requirements to accept benefits
A retail food store seeking to accept benefits
from recipients of supplemental nutrition assistance through on-line transactions shall—
(A) establish recipient protections regarding privacy, ease of use, access, and support
similar to the protections provided for
transactions made in retail food stores;
(B) ensure benefits are not used to pay delivery, ordering, convenience, or other fees
or charges;
(C) clearly notify participating households
at the time a food order is placed—
(i) of any delivery, ordering, convenience, or other fee or charge associated
with the food purchase; and

§ 2016

(ii) that any such fee cannot be paid with
benefits provided under this chapter;
(D) ensure the security of on-line transactions by using the most effective technology available that the Secretary considers appropriate and cost-effective and
that is comparable to the security of transactions at retail food stores; and
(E) meet other criteria as established by
the Secretary.
(3) State agency action
Each State agency shall ensure that recipients of supplemental nutrition assistance can
use benefits on-line as described in this subsection as appropriate.
(4) Demonstration project on acceptance of
benefits through on-line transactions
(A) In general
Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out a number of demonstration projects as determined by the
Secretary to test the feasibility of allowing
retail food stores to accept benefits through
on-line transactions.
(B) Demonstration projects
To be eligible to participate in a demonstration project under subparagraph (A), a
retail food store shall submit to the Secretary for approval a plan that includes—
(i) a method of ensuring that benefits
may be used to purchase only eligible
items under this chapter;
(ii) a description of the method of educating participant households about the
availability and operation of on-line purchasing;
(iii) adequate testing of the on-line purchasing option prior to implementation;
(iv) the provision of data as requested by
the Secretary for purposes of analyzing the
impact of the project on participant access, ease of use, and program integrity;
(v) reports on progress, challenges, and
results, as determined by the Secretary;
and
(vi) such other criteria, including security criteria, as established by the Secretary.
(Pub. L. 88–525, § 7, Aug. 31, 1964, 78 Stat. 705;
Pub. L. 91–671, § 5, Jan. 11, 1971, 84 Stat. 2050;
Pub. L. 93–86, § 3(m), Aug. 10, 1973, 87 Stat. 248;
Pub. L. 93–125, § 1(k), Oct. 18, 1973, 87 Stat. 450;
Pub. L. 94–339, § 2, July 5, 1976, 90 Stat. 799; Pub.
L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
967; Pub. L. 97–98, title XIII, § 1312, Dec. 22, 1981,
95 Stat. 1285; Pub. L. 97–253, title I, §§ 162,
190(c)(2), Sept. 8, 1982, 96 Stat. 778, 787; Pub. L.
99–198, title XV, §§ 1518, 1519, Dec. 23, 1985, 99
Stat. 1578; Pub. L. 100–435, title II, § 203(b), Sept.
19, 1988, 102 Stat. 1657; Pub. L. 101–624, title XVII,
§§ 1728, 1729(a), Nov. 28, 1990, 104 Stat. 3788, 3789;
Pub. L. 103–225, title I, § 102, Mar. 25, 1994, 108
Stat. 107; Pub. L. 104–193, title VIII, § 825(a), Aug.
22, 1996, 110 Stat. 2324; Pub. L. 105–18, title VII,
[(a)], June 12, 1997, 111 Stat. 216; Pub. L. 106–171,
§ 3, Feb. 11, 2000, 114 Stat. 3; Pub. L. 107–171, title
IV, § 4110, May 13, 2002, 116 Stat. 309; Pub. L.

§ 2016

TITLE 7—AGRICULTURE

110–234, title IV, §§ 4001(b), 4002(a)(4), 4113–4115(a),
May 22, 2008, 122 Stat. 1092, 1093, 1103; Pub. L.
110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(4),
4113–4115(a), June 18, 2008, 122 Stat. 1664, 1853,
1854, 1864, 1865; Pub. L. 111–203, title X, § 1075(b),
July 21, 2010, 124 Stat. 2074; Pub. L. 113–79, title
IV, §§ 4002(b)–(d), 4010–4011(b)(2)(A), 4030(e), Feb.
7, 2014, 128 Stat. 783, 784, 789–792, 814; Pub. L.
115–334, title IV, §§ 4001(b), 4006(a)–(e), Dec. 20,
2018, 132 Stat. 4624, 4634, 4635.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of the Food, Conservation, and
Energy Act of 2008, referred to in subsec. (f)(3), is the
date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (f)(5)(C). Pub. L. 115–334, § 4006(a), added
subpar. (C).
Subsec. (h)(2). Pub. L. 115–334, § 4006(b), in introductory provisions, inserted ‘‘and shall periodically review
such regulations and modify such regulations to take
into account evolving technology and comparable industry standards’’ after ‘‘such a system’’.
Subsec. (h)(12)(A). Pub. L. 115–334, § 4006(c)(1), inserted
‘‘, or due to the death of all members of the household’’
after ‘‘due to inactivity’’.
Subsec. (h)(12)(B), (C). Pub. L. 115–334, § 4006(c)(2),
added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
‘‘(B) BENEFIT STORAGE.—A State agency may store recovered electronic benefits off-line in accordance with
subparagraph (D), if the household has not accessed the
account after 6 months.
‘‘(C) BENEFIT EXPUNGING.—A State agency shall expunge benefits that have not been accessed by a household after a period of 12 months.’’
Subsec. (h)(13). Pub. L. 115–334, § 4006(d)(1), amended
par. (13) generally. Prior to amendment, text read as
follows: ‘‘No interchange fees shall apply to electronic
benefit transfer transactions under this subsection.’’
Subsec. (h)(14)(A). Pub. L. 115–334, § 4006(e)(1), amended subpar. (A) generally. Prior to amendment, subpar.
(A) related to redemption of benefits by retail food
stores through electronic means other than wired point
of sale devices for electronic benefit transfer transactions, if certain criteria had been met.
Subsec. (h)(14)(B). Pub. L. 115–334, § 4006(e)(2)(A), substituted ‘‘Demonstration projects on access of benefits
through mobile technologies’’ for ‘‘Demonstration
project on acceptance of benefits of mobile transactions’’ in heading.
Subsec. (h)(14)(B)(i). Pub. L. 115–334, § 4006(e)(2)(B),
amended cl. (i) generally. Prior to amendment, text
read as follows: ‘‘Before authorizing implementation of
subparagraph (A) in all States, the Secretary shall
pilot the use of mobile technologies determined by the
Secretary to be appropriate to test the feasibility and
implications for program integrity, by allowing retail
food stores to accept benefits from recipients of supplemental nutrition assistance through mobile transactions.’’
Subsec.
(h)(14)(B)(ii).
Pub.
L.
115–334,
§ 4006(e)(2)(C)(i)–(iii), in heading substituted ‘‘Project
requirements’’ for ‘‘Demonstration projects’’ and, in introductory provisions, substituted ‘‘State agency’’ for
‘‘retail food store’’ and struck out ‘‘includes’’ after ‘‘a
plan that’’.
Subsec. (h)(14)(B)(ii)(I) to (VIII). Pub. L. 115–334,
§ 4006(e)(2)(C)(iv), added subcls. (I) to (VIII) and struck
out former subcls. (I) to (IV) which read as follows:

Page 1292

‘‘(I) a description of the technology;
‘‘(II) the manner by which the retail food store will
provide proof of the transaction to households;
‘‘(III) the provision of data to the Secretary, consistent with requirements established by the Secretary,
in a manner that allows the Secretary to evaluate the
impact of the demonstration on participant access,
ease of use, and program integrity; and
‘‘(IV) such other criteria as the Secretary may require.’’
Subsec.
(h)(14)(B)(iii),
(iv).
Pub.
L.
115–334,
§ 4006(e)(2)(D), (E), added cl. (iii) and amended former cl.
(iii) generally, which general amendment also redesignated former cl. (iii) as (iv). Prior to amendment, text
of cl. (iii) read as follows: ‘‘The demonstration projects
under this subparagraph shall be completed and final
reports submitted to the Secretary by not later than
July 1, 2016.’’
Subsec. (h)(14)(C)(i). Pub. L. 115–334, § 4006(e)(3), substituted ‘‘2022’’ for ‘‘2017’’ and inserted ‘‘requires further study by way of an extended pilot period or’’ before ‘‘is not in the best interest’’.
Subsec. (j)(1)(H). Pub. L. 115–334, § 4006(d)(2), amended
subpar. (H) generally. Prior to amendment, text read as
follows: ‘‘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.’’
Subsec. (k). Pub. L. 115–334, § 4001(b)(1), substituted
‘‘Acceptance of program benefits through online transactions’’ for ‘‘Option to accept program benefits
through on-line transactions’’ in heading.
Subsec. (k)(4)(C). Pub. L. 115–334, § 4001(b)(2), struck
out subpar. (C). Text read as follows: ‘‘The demonstration projects under this paragraph shall be completed
and final reports submitted to the Secretary by not
later than July 1, 2016.’’
Subsec. (k)(5). Pub. L. 115–334, § 4001(b)(3), struck out
par. (5). Text read as follows: ‘‘The Secretary shall—
‘‘(A) by not later than January 1, 2017, authorize
implementation of paragraph (1) in all States, unless
the Secretary makes a finding, based on the data provided under paragraph (4), that implementation in all
States is not in the best interest of the supplemental
nutrition assistance program; and
‘‘(B) if the determination made in subparagraph (A)
is not to implement in all States, submit a report to
the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the
basis of the finding.’’
2014—Subsec. (b). Pub. L. 113–79, § 4011(b)(2)(A), substituted ‘‘purchase food from retail food stores’’ for
‘‘purchase food in retail food stores’’.
Subsec. (f)(2). Pub. L. 113–79, § 4002(b)(1), added par. (2)
and struck out former par. (2). Text read as follows:
‘‘The cost of documents or systems that may be required by this subsection may not be imposed upon a
retail food store participating in the supplemental nutrition assistance program.’’
Subsec. (f)(4), (5). Pub. L. 113–79, § 4002(b)(2), added
pars. (4) and (5).
Subsec. (h)(2)(C)(ii). Pub. L. 113–79, § 4002(c), added cl.
(ii) and struck out former cl. (ii) which read as follows:
‘‘effective not later than 2 years after August 22, 1996,
to the extent practicable, measures that permit a system to differentiate items of food that may be acquired
with an allotment from items of food that may not be
acquired with an allotment;’’.
Subsec. (h)(3)(B). Pub. L. 113–79, § 4002(d), substituted
‘‘is operational at a sufficient number’’ for ‘‘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’’.

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Subsec. (h)(8). Pub. L. 113–79, § 4010, substituted ‘‘of
cards’’ for ‘‘card fee’’ in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading,
and added subpars. (B) to (D).
Subsec. (h)(12), (13). Pub. L. 113–79, § 4030(e), redesignated par. (12), relating to interchange fees, as (13).
Subsec. (h)(14). Pub. L. 113–79, § 4011(a), added par.
(14).
Subsec. (k). Pub. L. 113–79, § 4011(b)(1), added subsec.
(k).
2010—Subsec. (h)(10). Pub. L. 111–203 amended par. (10)
generally. Prior to amendment, text read as follows:
‘‘Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under
section 1693b of title 15 shall not apply to benefits
under this chapter delivered through any electronic
benefit transfer system.’’
2008—Pub. L. 110–246, § 4115(a)(1), substituted ‘‘program benefits’’ for ‘‘coupons’’ in section catchline.
Subsec. (a). Pub. L. 110–246, § 4115(a)(1), inserted heading and substituted ‘‘Except as provided in subsection
(i), EBT cards shall be’’ for ‘‘Coupons shall be printed
under such arrangements and in such denominations as
may be determined by the Secretary to be necessary,
and (except as provided in subsection (j) of this section)
shall be’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (b). Pub. L. 110–246, § 4115(a)(2), inserted heading, substituted ‘‘Benefits’’ for ‘‘Coupons’’, and struck
out before period at end ‘‘: Provided further, That eligible households using coupons to purchase food may receive cash in change therefor so long as the cash received does not equal or exceed the value of the lowest
coupon denomination issued’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (c). Pub. L. 110–246, § 4115(a)(3), inserted subsec. heading, designated existing provisions as par. (1),
inserted par. heading, substituted ‘‘EBT cards’’ for
‘‘Coupons’’, struck out ‘‘and define their denomination’’ after ‘‘explain their purpose’’, struck out at end
‘‘The name of any public official shall not appear on
such coupons.’’, and added par. (2).
Subsec. (d). Pub. L. 110–246, § 4115(a)(4), (12), redesignated subsec. (e) as (d) and struck out former subsec.
(d) which related to determination and monitoring of
coupon inventory levels and certified monthly report
on issuer’s operations.
Subsec. (e). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 110–246, § 4115(a)(5), substituted ‘‘benefits’’ for
‘‘coupons’’ in two places and ‘‘benefit issuers’’ for ‘‘coupon issuers’’ in two places.
Subsec. (f). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (g) as (f). Former subsec. (f) redesignated (e).
Pub. L. 110–246, § 4115(a)(6), substituted ‘‘issuance of
benefits’’ for ‘‘issuance of coupons’’, ‘‘benefit issuers’’
for ‘‘coupon issuer’’, and ‘‘authorizations for benefits’’
for ‘‘authorizations for coupons and allotments’’ and
struck out ‘‘including any losses involving failure of a
benefit issuers to comply with the requirements specified in section 2020(e)(20) of this title,’’ after ‘‘issuance
of benefits’’.
Subsec. (g). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 110–246, § 4115(a)(7), added subsec. (g) and
struck out former subsec. (g) which related to issuance
or delivery of food stamp coupons using alternative
methods or issuance of other reusable documents in
lieu of coupons by a State agency.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ in two places.
Subsec. (h). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(1). Pub. L. 110–246, § 4115(a)(8), substituted
‘‘benefits’’ for ‘‘coupons’’.

§ 2016

Subsec. (h)(2). Pub. L. 110–246, § 4113, added par. (2) and
struck out former par. (2) which read as follows: ‘‘Any
procedure established under paragraph (1) shall not reduce the allotment of any household and shall ensure
that no household experiences an interval between
issuances of more than 40 days. The procedure may include issuing a household’s benefits in more than one
issuance.’’
Subsec. (i). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(3)(B)(ii). Pub. L. 110–246, § 4002(a)(4)(A)(i),
substituted ‘‘households receiving supplemental nutrition assistance program benefits’’ for ‘‘food stamp
households’’.
Subsec. (i)(7). Pub. L. 110–246, § 4002(a)(4)(A)(ii), substituted ‘‘supplemental nutrition assistance issuance’’
for ‘‘food stamp issuance’’.
Subsec. (i)(12). Pub. L. 110–246, § 4115(a)(9), added par.
(12) relating to interchange fees.
Pub. L. 110–246, § 4114, added par. (12) relating to recovering electronic benefits.
Subsec. (j). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(1). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (j)(2)(A)(ii). Pub. L. 110–246, § 4115(a)(10)(A),
substituted ‘‘issuing and redeeming benefits’’ for
‘‘printing, shipping, and redeeming coupons’’.
Subsec. (j)(2)(B). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (j)(5). Pub. L. 110–246, § 4115(a)(10)(B), substituted ‘‘benefit’’ for ‘‘coupon’’.
Subsec. (k). Pub. L. 110–246, § 4115(a)(12), redesignated
subsec. (k) as (j).
Subsec. (k)(1)(A). Pub. L. 110–246, § 4115(a)(11)(C),
which directed amendment of subpar. (A) by substituting ‘‘subsection (h)(11)(A)’’ for ‘‘subsection
(i)(11)(A)’’, was executed by making the substitution in
subpar. (A) of par. (1), to reflect the probable intent of
Congress.
Subsec. (k)(1)(B). Pub. L. 110–246, § 4115(a)(11)(A), substituted ‘‘program benefits in the form of’’ for ‘‘coupons in the form of’’.
Subsec. (k)(1)(C), (E). Pub. L. 110–246, § 4115(a)(11)(B),
substituted ‘‘program benefits in the form of’’ for ‘‘a
coupon issued in the form of’’.
Subsec. (k)(2). Pub. L. 110–246, § 4115(a)(11)(A), substituted ‘‘program benefits in the form of’’ for ‘‘coupons in the form of’’.
Pub. L. 110–246, § 4002(a)(4)(B)(i), substituted ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamp benefits’’.
Subsec. (k)(3). Pub. L. 110–246, § 4002(a)(4)(B)(ii), substituted ‘‘retail store’’ for ‘‘food stamp retail store’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (k)(5)(B)(ii), (C). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’ wherever appearing.
2002—Subsec. (i)(2). Pub. L. 107–171 redesignated subpars. (B) to (I) as (A) to (H), respectively, and struck
out former subpar. (A) which read as follows: ‘‘determining the cost-effectiveness of the system to ensure
that its operational cost, including the pro rata cost of
capital expenditures and other reasonable startup
costs, does not exceed the operational cost of issuance
systems in use prior to the implementation of the electronic benefit transfer system;’’.
2000—Subsec. (k). Pub. L. 106–171 added subsec. (k).
1997—Subsec. (a). Pub. L. 105–18, title VII, [(a)(1)], inserted ‘‘(except as provided in subsection (j) of this section)’’ after ‘‘necessary, and’’.
Subsec. (j). Pub. L. 105–18, title VII, [(a)(2)], added
subsec. (j).
1996—Subsec. (i). Pub. L. 104–193, § 825(a)(1), inserted
subsec. heading.
Subsec. (i)(1). Pub. L. 104–193, § 825(a)(1), added par. (1)
and struck out former par. (1) which read as follows:

§ 2016

TITLE 7—AGRICULTURE

‘‘(1)(A) Any State agency may, with the approval of
the Secretary, implement an on-line electronic benefit
transfer system in which household benefits determined under section 2017(a) of this title are issued from
and stored in a central data bank and electronically
accessed by household members at the point-of-sale.
‘‘(B) No State agency may implement or expand an
electronic benefit transfer system without prior approval from the Secretary.’’
Subsec. (i)(2). Pub. L. 104–193, § 825(a)(2)(A), struck out
‘‘effective no later than April 1, 1992,’’ after ‘‘regulations’’ in introductory provisions.
Subsec. (i)(2)(A). Pub. L. 104–193, § 825(a)(2)(B), struck
out ‘‘, in any 1 year,’’ after ‘‘does not exceed’’ and ‘‘online’’ before ‘‘electronic benefit’’.
Subsec. (i)(2)(D). Pub. L. 104–193, § 825(a)(2)(C), added
subpar. (D) and struck out former subpar. (D) which
read as follows: ‘‘system security;’’.
Subsec. (i)(2)(I). Pub. L. 104–193, § 825(a)(2)(D)–(F),
added subpar. (I).
Subsec. (i)(7) to (11). Pub. L. 104–193, § 825(a)(3), added
pars. (7) to (11).
1994—Subsec. (h)(1). Pub. L. 103–225 inserted second
sentence and struck out former second sentence which
read as follows: ‘‘The State agency shall establish such
a procedure for eligible households residing on reservations.’’
1990—Subsec. (h). Pub. L. 101–624, § 1728, amended subsec. (h) generally. Prior to amendment, subsec. (h) read
as follows: ‘‘The State agency may implement a procedure for staggering the issuance of coupons to eligible
households throughout the entire month: Provided,
That the procedure ensures that, in the transition period from other issuance procedures, no eligible household experiences an interval between coupon issuances
of more than 40 days, either through regular issuances
by the State agency or through supplemental
issuances.’’
Subsec. (i). Pub. L. 101–624, § 1729(a), added subsec. (i).
1988—Subsec. (h). Pub. L. 100–435 struck out par. (1)
designation and par. (2) which read as follows: ‘‘For any
eligible household that applies for participation in the
food stamp program during the last fifteen days of a
month and is issued benefits within that period, coupons shall be issued for the first full month of participation by the the [sic] eighth day of the first full
month of participation.’’
1985—Subsec. (g)(1). Pub. L. 99–198, § 1519, substituted
‘‘shall’’ for ‘‘may’’ in provisions preceding subpar. (A).
Subsec. (h). Pub. L. 99–198, § 1518, added subsec. (h).
1982—Subsec. (f). Pub. L. 97–253, § 190(c)(2), substituted
reference to section 2020(e)(20) of this title for former
reference to section 2020(e)(21) of this title.
Subsec. (g). Pub. L. 97–253, § 162, added subsec. (g).
1981—Subsec. (f). Pub. L. 97–98 substituted ‘‘strictly
liable’’ for ‘‘responsible’’ and inserted provision including any losses involving failure of a coupon issuer to
comply with the requirements of section 2020(e)(21) of
this title, except that in the case of losses resulting
from the issuance and replacement of authorizations
for coupons and allotments sent through the mail,
State agency liability be to the extent prescribed in
regulations.
1977—Pub. L. 95–113 substituted revised provisions relating to issuance and use of coupons for provisions relating to value of the coupon allotment which are now
covered by section 2017 of this title.
1976—Subsec. (d). Pub. L. 94–339 designated existing
provisions as par. (1) and added pars. (2) to (7).
1973—Subsec. (a). Pub. L. 93–125 substituted ‘‘for
households of a given size unless the increase in the
face value’’ for ‘‘for value’’.
Pub. L. 93–86 substituted provisions relating to determination of semiannual adjustments in face value of
coupon allotment for provisions relating to determination of annual adjustments in such allotment.
1971—Subsec. (a). Pub. L. 91–671 substituted provision
for issuance of coupon allotment in such amount as the
Secretary determines to be the cost of a nutritionally
adequate diet, adjusted annually to reflect changes in

Page 1294

prices of food published by Bureau of Labor Statistics
for prior provision for issuance in such amount as will
provide households with an opportunity more nearly to
obtain a low-cost nutritionally adequate diet and inserted ‘‘any’’ before ‘‘households’’.
Subsec. (b). Pub. L. 91–671 substituted provisions respecting charges to households for coupon allotments
representing reasonable investment on part of the
households, issuance of coupon allotments without
charge where monthly income is less than $30 for a
family of four, and election of coupon allotment with a
lesser face value than the face value authorized to be
issued for prior provision for a charge determined to be
equivalent to normal expenditures for food.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
References to a ‘‘coupon’’, ‘‘authorization card’’, or
other access device provided under the Food and Nutrition Act of 2008 considered to refer to a ‘‘benefit’’ under
that Act, see section 4115(d) of Pub. L. 110–246, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(4), and
4113–4115(a) of Pub. L. 110–246 effective Oct. 1, 2008, see
section 4407 of Pub. L. 110–246, set out as a note under
section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L.
107–171, set out as an Effective Date note under section
1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1728 of Pub. L. 101–624 effective and implemented first day of month beginning 120
days after publication of implementing regulations to
be promulgated not later than Oct. 1, 1991, and amendment by section 1729 of Pub. L. 101–624 effective Nov. 28,
1990, see section 1781(a), (b)(2) of Pub. L. 101–624, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 effective Jan. 1, 1989,
except with regard to those States not implementing
section 203(a) of Pub. L. 100–435 (amending section 2017
of this title), see section 701(b)(3)(B) of Pub. L. 100–435,
set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into

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TITLE 7—AGRICULTURE

account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
SAVINGS CLAUSE
Pub. L. 113–79, title IV, § 4011(c), Feb. 7, 2014, 128 Stat.
793, provided that: ‘‘Nothing in this section [amending
this section and section 2019 of this title] or an amendment made by this section alters any requirements of
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
unless specifically authorized in this section or an
amendment made by this section.’’
ADDITIONAL ASSISTANCE FOR SNAP ONLINE
PURCHASING AND TECHNOLOGY IMPROVEMENTS
Pub. L. 117–2, title I, § 1102, Mar. 11, 2021, 135 Stat. 15,
provided that:
‘‘(a) FUNDING.—In addition to amounts otherwise
made available, there is appropriated for fiscal year
2021, out of any amounts in the Treasury not otherwise
appropriated, $25,000,000 to remain available through
September 30, 2026, to carry out this section.
‘‘(b) USE OF FUNDS.—The Secretary of Agriculture
may use the amounts made available pursuant to subsection (a)—
‘‘(1) to make technological improvements to improve online purchasing in the supplemental nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
‘‘(2) to modernize electronic benefit transfer technology;
‘‘(3) to support the mobile technologies demonstration projects and the use of mobile technologies authorized under section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)); and
‘‘(4) to provide technical assistance to educate retailers on the process and technical requirements for
the online acceptance of the supplemental nutrition
assistance program benefits, for mobile payments,
and for electronic benefit transfer modernization initiatives.’’
Pub. L. 116–260, div. N, title VII, § 703, Dec. 27, 2020, 134
Stat. 2094, provided that:
‘‘(a) RESOURCES FOR SNAP ONLINE PURCHASING.—Not
later than 60 days after the date of enactment of this
Act [Dec. 27, 2020], the Secretary shall provide—
‘‘(1) additional support for the Food and Nutrition
Service to conduct end-to-end testing in the online
production environment; and
‘‘(2) technical assistance to educate retailers on the
process and technical requirements for the online acceptance of SNAP benefits and to support and expedite SNAP online purchasing.
‘‘(b) SNAP ONLINE PURCHASING ASSISTANCE FOR DIRECT-MARKETING FARMERS AND FARMERS’ MARKETS.—
The Secretary, on a competitive basis, shall enter into
cooperative agreements with, or provide grants to, not
more than 5 eligible entities to build out functionality,
and provide assistance to direct-marketing farmers and
farmers’ markets to accept SNAP benefits through online transactions.
‘‘(1) SELECTION PRIORITY.—The Secretary shall
prioritize eligible entities with experience building
online purchasing platforms for technology solutions
for farmers’ markets and direct-marketing farmers.
‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the term ‘eligible entity’ means a nonprofit
entity with experience building online purchasing
platforms or technology solutions, or with experience
working with commercial entities that have experience building online purchasing platforms or technology solutions.
‘‘(c) ISSUANCE INNOVATION AND TECHNOLOGY IMPROVEMENT SUPPORT.—The Secretary shall—

§ 2016

‘‘(1) review technological developments, including
developments related to security and privacy, surrounding mobile payment technology, to support the
mobile technologies demonstration projects and the
use of mobile technologies authorized under section
7(k)(14) [probably should be ‘‘7(k)(4)’’] of the Food and
Nutrition Act of 2008 [7 U.S.C. 2016(k)(4)]; and
‘‘(2) test methods to modernize electronic benefit
transfer technology for the purpose of improving the
security and integrity of the electronic benefits
transfer system.
‘‘(d) REPORT.—Not later than January 31, 2022, and
annually thereafter until all funds provided under subsection (e) have been expended, the Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes—
‘‘(1) a description of the activities conducted under
subsections (a), (b), and (c);
‘‘(2) a description of any grants, cooperative agreements, or contracts awarded under this section;
‘‘(3) an analysis of the technological developments
surrounding mobile payment technology; and
‘‘(4) a summary of EBT modernization testing results under subsection (c)(2).
‘‘(e) FUNDING.—
‘‘(1) APPROPRIATIONS.—There is hereby appropriated
to the Secretary, out of any money in the Treasury
not otherwise appropriated, $5,000,000 to be available
until expended to carry out this section.
‘‘(2) USE OF FUNDS.—With respect to the funds appropriated under paragraph (1), the Secretary shall
use—
‘‘(A) not more than $1,000,000 for purposes described in subsection (a); and
‘‘(B) not more than $1,000,000 for purposes described in subsection (b).’’
[For definitions of ‘‘Secretary’’ and ‘‘SNAP’’ as used
in section 703 of div. N of Pub. L. 116–260, set out above,
see section 701 of div. N of Pub. L. 116–260, set out as a
note under section 2011 of this title.]
REPORT ON ELECTRONIC BENEFIT TRANSFER SYSTEMS
Pub. L. 107–171, title IV, § 4111, May 13, 2002, 116 Stat.
309, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(A), (B), (2)(C), May 22, 2008, 122 Stat. 1095,
1096; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B),
(2)(C), June 18, 2008, 122 Stat. 1664, 1857, 1858, required
the Secretary of Agriculture to submit to Congress, not
later than Oct. 1, 2003, a report related to State agencies’ use of electronic benefit transfer systems to issue
benefits under the supplemental nutrition assistance
program.
CONGRESSIONAL STATEMENT OF PURPOSE
Pub. L. 106–171, § 2, Feb. 11, 2000, 114 Stat. 3, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (D), (2)(F),
May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a),
title IV, § 4002(b)(1)(A), (D), (2)(F), June 18, 2008, 122
Stat. 1664, 1857, 1858, provided that: ‘‘The purposes of
this Act [amending this section and enacting provisions
set out as notes under this section and section 2011 of
this title] are—
‘‘(1) to protect the integrity of the supplemental
nutrition assistance program;
‘‘(2) to ensure cost-effective portability of supplemental nutrition assistance program benefits benefits [sic] across State borders without imposing additional administrative expenses for special equipment
to address problems relating to the portability;
‘‘(3) to enhance the flow of interstate commerce involving electronic transactions involving supplemental nutrition assistance program benefits benefits [sic] under a uniform national standard of interoperability and portability; and
‘‘(4) to eliminate the inefficiencies resulting from a
patchwork of State-administered systems and regula-

§ 2016a

TITLE 7—AGRICULTURE

tions established to carry out the supplemental nutrition assistance program.’’
STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC
BENEFIT TRANSACTIONS INVOLVING FOOD STAMP BENEFITS

Pub. L. 106–171, § 4, Feb. 11, 2000, 114 Stat. 6, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(F),
May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a),
title IV, § 4002(b)(1)(B), (D), (2)(F), June 18, 2008, 122
Stat. 1664, 1857, 1858, directed the Secretary of Agriculture, not later than 1 year after Feb. 11, 2000, to
study and report to Congress on alternatives for handling interstate electronic benefit transactions involving supplemental nutrition assistance program benefits, including use of a single switching hub.
SUSPENSION OF STAGGERED ISSUANCE OF FOOD STAMP
COUPONS
Pub. L. 102–237, title IX, § 908(a)(1), Dec. 13, 1991, 105
Stat. 1886, as amended by Pub. L. 103–11, § 1, Apr. 1, 1993,
107 Stat. 41; Pub. L. 103–205, § 1, Dec. 17, 1993, 107 Stat.
2418, provided that no State agency be required to implement 7 U.S.C. 2016(h)(1), regarding staggering of
issuance of food stamp coupons, until Mar. 15, 1994, and
directed Secretary of Agriculture to issue final regulations requiring staggered issuance of coupons no later
than Dec. 1, 1992, prior to repeal by Pub. L. 103–225, title
I, § 104(a), Mar. 25, 1994, 108 Stat. 107.
FOOD STAMP COUPONS, COST INCREASE SUSPENSION
Pub. L. 94–4, Feb. 20, 1975, 89 Stat. 6, provided that
notwithstanding the provisions of 7 U.S.C. 2016(b), the
charge imposed on any household for a coupon allotment under this chapter after Feb. 20, 1975, and prior to
Dec. 30, 1975, could not exceed the charge that would
have been imposed on such household for such coupon
allotment under rules and regulations promulgated
under this chapter and in effect on Jan. 1, 1975.

§ 2016a. EBT benefit fraud prevention
(a) Guidance; rulemaking
The Secretary shall—
(1) issue guidance to State agencies, on an
ongoing basis, as informed by the process outlined in paragraph (4), that describes security
measures that—
(A) are effective, as determined by the Secretary, in detecting and preventing theft of
benefits, including through card skimming,
card cloning, and other similar fraudulent
methods;
(B) are consistent with industry standards
for detecting, identifying, and preventing
debit and credit card skimming, card
cloning, and other similar fraudulent methods; and
(C) consider the feasibility of cost, availability, and implementation for States;
(2) promulgate regulations through noticeand-comment rulemaking to require State
agencies to take the security measures described in the guidance issued under paragraph
(1);
(3) not later than December 1, 2023, promulgate regulations (including an interim final
rule) to require State agencies to implement
procedures for the replacement of benefits
consistent with subsection (b);
(4) coordinate with the Administrator of the
Administration for Children and Families of
the Department of Health and Human Services, the Attorney General of the United
States, State agencies, retail food stores, and
EBT contractors—

Page 1296

(A) to determine—
(i) how benefits are being stolen through
card skimming, card cloning, and other
similar fraudulent methods;
(ii) how those stolen benefits are used;
and
(iii) to the maximum extent practicable,
the locations where card skimming, card
cloning, and other similar fraudulent
methods are taking place;
(B) to establish measures, including equipment enhancements for retail food stores, to
prevent benefits from being stolen through
card skimming, card cloning, and other
similar fraudulent methods; and
(C) to establish standard reporting methods for States to collect and share data with
the Secretary on the scope of benefits being
stolen through card skimming, card cloning,
and other similar fraudulent methods; and
(5) not later than October 1, 2024, submit to
the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a
report that includes—
(A) to the maximum extent practicable,
information on the frequency of theft of benefits and the location of those thefts, including benefits stolen through card skimming,
card cloning, and other similar fraudulent
methods;
(B) a description of the determinations
made under paragraph (4)(A), the measures
established under paragraph (4)(B), and
methods established in paragraph (4)(C);
(C) a description of the industry standards
described in paragraph (1)(B); and
(D) recommendations on how to consistently detect, track, report, and prevent theft
of benefits, including benefits stolen through
card skimming, card cloning, and other
similar fraudulent methods.
(b) Replacement of benefits
The Secretary shall use funds appropriated
under section 2027 of this title to require States
to replace benefits that are determined by the
State agency to have been stolen through card
skimming, card cloning, or similar fraudulent
methods, subject to the conditions that—
(1) the State agency shall submit to the Secretary not later than 60 days after December
29, 2022, for prior approval a plan for the replacement of stolen benefits that—
(A) includes appropriate procedures, as determined by the Secretary, for the timely
submission of claims to, timely validation of
claims by, and replacement issuance by the
State agency that includes—
(i) a signed statement by the affected
household on the benefit theft, consistent
with the signature requirements and options provided by section 2020(e)(2)(C) of
this title;
(ii) criteria to determine if a submitted
claim is valid;
(iii) procedures for the documentation of
replacement issuances, including the submitted claims and findings from the validation;

Page 1297

§ 2017

TITLE 7—AGRICULTURE

(iv) the submission of data reports on
benefit theft and replacement activity to
the Secretary;
(v) procedures to inform households of
their right to a fair hearing, consistent
with those already established by section
2020(e) of this title and corresponding regulations concerning replacement issuances;
and
(vi) the State agency’s use and planned
use of benefit theft prevention measures,
including any additional guidance that
may be issued under subsection (a)(1);
(B) includes appropriate procedures, as determined by the Secretary, for reporting the
scope and frequency of card skimming affecting households within the State to the
Secretary;
(C) upon approval shall be incorporated
into the State plan of operation required
under section 2020(e) of this title; and
(D) the Secretary may approve after the
date on which guidance is issued under subsection (a)(1);
(2) the replacement of stolen benefits for a
household—
(A) shall not exceed the lesser of—
(i) the amount of benefits stolen from
the household; or
(ii) the amount equal to 2 months of the
monthly allotment of the household immediately prior to the date on which the benefits were stolen;
(B) shall not occur more than 2 times per
Federal fiscal year per household by a single
State agency; and
(C) shall only apply to benefits stolen during the period beginning on October 1, 2022,
and ending on September 30, 2024;
(3) plans approved under paragraph (1) will
remain in effect until the effective date of the
rule promulgated pursuant to subsection
(a)(3); and
(4) replacements of benefits under this section shall not be regarded as losses for the purpose of section 2016(e) of this title to the extent such replacements are made in accordance with an approved plan that complies with
this subsection.
(c) Definitions
In this section, the terms ‘‘allotment’’, ‘‘benefit’’, ‘‘household’’, ‘‘retail food store’’, and
‘‘State agency’’ have the meaning given those
terms in section 2012 of this title.
(d) Rescission
Of the unobligated balances made available for
the Supplemental Nutrition Assistance Program
as authorized by section 1101(b)(1) of the American Rescue Plan Act of 2021 (Public Law 117–2),
$8,000,000 is hereby rescinded.
(Pub. L. 117–328, div. HH, title IV, § 501, Dec. 29,
2022, 136 Stat. 5985.)
Editorial Notes
REFERENCES IN TEXT
Section 1101(b)(1) of the American Rescue Plan Act of
2021, referred to in subsec. (d), is section 1101(b)(1) of

Pub. L. 117–2, title I, Mar. 11, 2021, 135 Stat. 15, which
is not classified to the Code.
CODIFICATION
Section was enacted as part of the Consolidated Appropriations Act, 2023, and not as part of the Food and
Nutrition Act of 2008 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITION OF ‘‘SECRETARY’’
Pub. L. 117–328, div. HH, § 101, Dec. 29, 2022, 136 Stat.
5970, provided that: ‘‘In this division [see Tables for
classification], the term ‘Secretary’ means the Secretary of Agriculture.’’

§ 2017. Value of allotment
(a) Calculation
The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the
supplemental nutrition assistance program shall
be equal to the cost to such households of the
thrifty food plan reduced by an amount equal to
30 per centum of the household’s income, as determined in accordance with section 2014(d) and
(e) of this title, rounded to the nearest lower
whole dollar: Provided, That for households of
one and two persons the minimum allotment
shall be 8 percent of the cost of the thrifty food
plan for a household containing 1 member, as determined by the Secretary under section 2012 of
this title, rounded to the nearest whole dollar
increment.
(b) Benefits not deemed income or resources for
certain purposes
The value of benefits that may be provided
under this chapter shall not be considered income or resources for any purpose under any
Federal, State, or local laws, including, but not
limited to, laws relating to taxation, welfare,
and public assistance programs, and no participating State or political subdivision thereof
shall decrease any assistance otherwise provided
an individual or individuals because of the receipt of benefits under this chapter.
(c) First month benefits prorated
(1) The value of the allotment issued to any eligible household for the initial month or other
initial period for which an allotment is issued
shall have a value which bears the same ratio to
the value of the allotment for a full month or
other initial period for which the allotment is
issued as the number of days (from the date of
application) remaining in the month or other
initial period for which the allotment is issued
bears to the total number of days in the month
or other initial period for which the allotment is
issued, except that no allotment may be issued
to a household for the initial month or period if
the value of the allotment which such household
would otherwise be eligible to receive under this
subsection is less than $10. Households shall receive full months’ allotments for all months
within a certification period, except as provided
in the first sentence of this paragraph with respect to an initial month.
(2) As used in this subsection, the term ‘‘initial month’’ means (A) the first month for which
an allotment is issued to a household, (B) the

§ 2017

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first month for which an allotment is issued to
a household following any period in which such
household was not participating in the supplemental nutrition assistance program under this
chapter after the expiration of a certification
period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible
after notice and an opportunity for a hearing
under section 2020(e)(10) of this title, and (C) in
the case of a migrant or seasonal farmworker
household, the first month for which allotment
is issued to a household that applies following
any period of more than 30 days in which such
household was not participating in the supplemental nutrition assistance program after previous participation in such program.
(3) OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED HOUSEHOLDS.—A State agency may provide to an eligible household applying after the
15th day of a month, in lieu of the initial allotment of the household and the regular allotment
of the household for the following month, an allotment that is equal to the total amount of the
initial allotment and the first regular allotment. The allotment shall be provided in accordance with section 2020(e)(3) of this title in the
case of a household that is not entitled to expedited service and in accordance with paragraphs
(3) and (9) of section 2020(e) of this title in the
case of a household that is entitled to expedited
service.
(d) Reduction of public assistance benefits
(1) In general
If the benefits of a household are reduced
under a Federal, State, or local law relating to
a means-tested public assistance program for
the failure of a member of the household to
perform an action required under the law or
program, for the duration of the reduction—
(A) the household may not receive an increased allotment as the result of a decrease
in the income of the household to the extent
that the decrease is the result of the reduction; and
(B) the State agency may reduce the allotment of the household by not more than 25
percent.
(2) Rules and procedures
If the allotment of a household is reduced
under this subsection for a failure to perform
an action required under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.),
the State agency may use the rules and procedures that apply under part A of title IV of the
Act to reduce the allotment under the supplemental nutrition assistance program.
(e) Allotments for households residing in centers
(1) In general
In the case of an individual who resides in a
center for the purpose of a drug or alcoholic
treatment program described in section
2012(m)(5) of this title, a State agency may
provide an allotment for the individual to—
(A) the center as an authorized representative of the individual for a period that is less
than 1 month; and
(B) the individual, if the individual leaves
the center.

Page 1298

(2) Direct payment
A State agency may require an individual
referred to in paragraph (1) to designate the
center in which the individual resides as the
authorized representative of the individual for
the purpose of receiving an allotment.
(f) Alternative procedures for residents of certain group facilities
(1) In general
(A) Applicability
(i) In general
Subject to clause (ii), at the option of
the State agency, allotments for residents
of any facility described in subparagraph
(B), (C), (D), or (E) of section 2012(m)(5) of
this title (referred to in this subsection as
a ‘‘covered facility’’) may be determined
and issued under this paragraph in lieu of
subsection (a).
(ii) Limitation
Unless the Secretary authorizes implementation of this paragraph in all States
under paragraph (3), clause (i) shall apply
only to residents of covered facilities participating in a pilot project under paragraph (2).
(B) Amount of allotment
The allotment for each eligible resident
described in subparagraph (A) shall be calculated in accordance with standardized procedures established by the Secretary that
take into account the allotments typically
received by residents of covered facilities.
(C) Issuance of allotment
(i) In general
The State agency shall issue an allotment determined under this paragraph to a
covered facility as the authorized representative of the residents of the covered
facility.
(ii) Adjustment
The Secretary shall establish procedures
to ensure that a covered facility does not
receive a greater proportion of a resident’s
monthly allotment than the proportion of
the month during which the resident lived
in the covered facility.
(D) Departures of residents of covered facilities
(i) Notification
Any covered facility that receives an allotment for a resident under this paragraph shall—
(I) notify the State agency promptly
on the departure of the resident; and
(II) notify the resident, before the departure of the resident, that the resident—
(aa) is eligible for continued benefits
under the supplemental nutrition assistance program; and
(bb) should contact the State agency
concerning continuation of the benefits.

Page 1299

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(ii) Issuance to departed residents
On receiving a notification under clause
(i)(I) concerning the departure of a resident, the State agency—
(I) shall promptly issue the departed
resident an allotment for the days of the
month after the departure of the resident (calculated in a manner prescribed
by the Secretary) unless the departed
resident reapplies to participate in the
supplemental nutrition assistance program; and
(II) may issue an allotment for the
month following the month of the departure (but not any subsequent month)
based on this paragraph unless the departed resident reapplies to participate
in the supplemental nutrition assistance
program.
(iii) State option
The State agency may elect not to issue
an allotment under clause (ii)(I) if the
State agency lacks sufficient information
on the location of the departed resident to
provide the allotment.
(iv) Effect of reapplication
If the departed resident reapplies to participate in the supplemental nutrition assistance program, the allotment of the departed resident shall be determined without regard to this paragraph.
(2) Pilot projects
(A) In general
Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out, at the request of 1 or
more State agencies and in 1 or more areas
of the United States, such number of pilot
projects as the Secretary determines to be
sufficient to test the feasibility of determining and issuing allotments to residents
of covered facilities under paragraph (1) in
lieu of subsection (a).
(B) Project plan
To be eligible to participate in a pilot
project under subparagraph (A), a State
agency shall submit to the Secretary for approval a project plan that includes—
(i) a specification of the covered facilities in the State that will participate in
the pilot project;
(ii) a schedule for reports to be submitted to the Secretary on the pilot
project;
(iii) procedures for standardizing allotment amounts that takes into account the
allotments typically received by residents
of covered facilities; and
(iv) a commitment to carry out the pilot
project in compliance with the requirements of this subsection other than paragraph (1)(B).
(3) Authorization of implementation in all
States
(A) In general
The Secretary shall—
(i) determine whether to authorize implementation of paragraph (1) in all
States; and

(ii) notify the Committee on Agriculture
of the House of Representatives and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate of the determination.
(B) Determination not to authorize implementation in all States
(i) In general
If the Secretary makes a finding described in clause (ii), the Secretary—
(I) shall not authorize implementation
of paragraph (1) in all States; and
(II) shall terminate all pilot projects
under paragraph (2) within a reasonable
period of time (as determined by the Secretary).
(ii) Finding
The finding referred to in clause (i) is
that—
(I) an insufficient number of project
plans that the Secretary determines to
be eligible for approval are submitted by
State agencies under paragraph (2)(B); or
(II)(aa) a sufficient number of pilot
projects have been carried out under
paragraph (2)(A); and
(bb) authorization of implementation
of paragraph (1) in all States is not in
the best interest of the supplemental nutrition assistance program.
(Pub. L. 88–525, § 8, Aug. 31, 1964, 78 Stat. 705;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 968; Pub. L. 97–35, title I, §§ 104(b), 110, Aug.
13, 1981, 95 Stat. 359, 361; Pub. L. 97–253, title I,
§§ 143(c), 152(b), 163, 164, Sept. 8, 1982, 96 Stat. 773,
776, 778; Pub. L. 99–198, title XV, § 1520, Dec. 23,
1985, 99 Stat. 1578; Pub. L. 100–387, title V,
§ 502(a), Aug. 11, 1988, 102 Stat. 960; Pub. L.
100–435, title II, § 203(a), Sept. 19, 1988, 102 Stat.
1656; Pub. L. 101–624, title XVII, §§ 1730, 1732, Nov.
28, 1990, 104 Stat. 3790; Pub. L. 102–237, title IX,
§§ 909, 910, Dec. 13, 1991, 105 Stat. 1887; Pub. L.
103–66, title XIII, § 13916, Aug. 10, 1993, 107 Stat.
674; Pub. L. 103–296, title I, § 108(f)(1), Aug. 15,
1994, 108 Stat. 1486; Pub. L. 104–193, title VIII,
§§ 826–830, 854(c)(1), Aug. 22, 1996, 110 Stat. 2327,
2342; Pub. L. 107–171, title IV, § 4112(a), (b)(3),
May 13, 2002, 116 Stat. 310, 313; Pub. L. 110–234,
title IV, §§ 4001(b), 4107, 4115(b)(5), May 22, 2008,
122 Stat. 1092, 1101, 1106; Pub. L. 110–246, § 4(a),
title IV, §§ 4001(b), 4107, 4115(b)(5), June 18, 2008,
122 Stat. 1664, 1853, 1863, 1868; Pub. L. 115–334,
title IV, § 4022(3), Dec. 20, 2018, 132 Stat. 4653.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (d)(2),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title
IV of the Act is classified generally to part A (§ 601 et
seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of this title and
Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.

§ 2017

TITLE 7—AGRICULTURE
AMENDMENTS

2018—Subsec. (e)(1). Pub. L. 115–334 substituted
‘‘2012(m)(5)’’ for ‘‘2012(n)(5)’’ in introductory provisions.
Subsec. (f)(1)(A)(i). Pub. L. 115–334 substituted
‘‘2012(m)(5)’’ for ‘‘2012(n)(5)’’.
2008—Subsec. (a). Pub. L. 110–246, § 4107, substituted ‘‘8
percent of the cost of the thrifty food plan for a household containing 1 member, as determined by the Secretary under section 2012 of this title, rounded to the
nearest whole dollar increment’’ for ‘‘$10 per month’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (b). Pub. L. 110–246, § 4115(b)(5)(A), struck out
‘‘, whether through coupons, access devices, or otherwise’’ before ‘‘shall not’’.
Subsecs. (c)(2), (d)(2). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’ wherever appearing.
Subsec. (e)(1). Pub. L. 110–246, § 4115(b)(5)(B), substituted ‘‘section 2012(n)(5)’’ for ‘‘section 2012(i)(5)’’ in
introductory provisions.
Subsec. (f)(1)(A)(i). Pub. L. 110–246, § 4115(b)(5)(B), substituted ‘‘section 2012(n)(5)’’ for ‘‘section 2012(i)(5)’’.
Subsec. (f)(1)(D), (3)(B). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’ wherever appearing.
2002—Subsec. (e)(1). Pub. L. 107–171, § 4112(b)(3), substituted ‘‘section 2012(i)(5) of this title’’ for ‘‘the last
sentence of section 2012(i) of this title’’ in introductory
provisions.
Subsec. (f). Pub. L. 107–171, § 4112(a), added subsec. (f).
1996—Subsec. (a). Pub. L. 104–193, § 826, struck out before period at end ‘‘, and shall be adjusted on each October 1 to reflect the percentage change in the cost of
the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12month period ending the preceding June, with the result rounded to the nearest $5’’.
Subsec. (c)(2)(B). Pub. L. 104–193, § 827, struck out ‘‘of
more than one month’’ after ‘‘following any period’’.
Subsec. (c)(3). Pub. L. 104–193, § 828, added par. (3) and
struck out former par. (3) which read as follows: ‘‘A
State agency—
‘‘(A) in the case of a household that is not entitled
in the month in which it applies to expedited service
under section 2020(e)(9) of this title, may provide that
an eligible household applying after the 15th day of
the month shall receive, in lieu of its initial allotment and its regular allotment for the following
month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which
shall be provided in accordance with paragraph (3) of
section 2020(e) of this title; and
‘‘(B) in the case of a household that is entitled in
the month in which it applies to expedited service
under section 2020(e)(9) of this title, shall provide
that an eligible household applying after the 15th day
of the month shall receive, in lieu of its initial allotment and its regular allotment for the following
month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which
shall be provided in accordance with paragraphs (3)
and (9) of section 2020(e) of this title.’’
Subsec. (d). Pub. L. 104–193, § 829, added subsec. (d) and
struck out former subsec. (d) which read as follows: ‘‘A
household against which a penalty has been imposed
for an intentional failure to comply with a Federal,
State, or local law relating to welfare or a public assistance program may not, for the duration of the penalty, receive an increased allotment as the result of a
decrease in the household’s income (as determined
under sections 2014(d) and 2014(e) of this title) to the extent that the decrease is the result of such penalty.’’
Subsec. (e). Pub. L. 104–193, § 854(c)(1), redesignated
subsec. (f) as (e) and struck out former subsec. (e)
which provided for simplified application procedures
for beneficiaries of other programs, and for allotments,
evaluation, cost sharing, and standardized procedures
and benefits.

Page 1300

Subsec. (f). Pub. L. 104–193, § 854(c)(1), redesignated
subsec. (f) as (e).
Pub. L. 104–193, § 830, added subsec. (f).
1994—Subsec. (e)(6). Pub. L. 103–296 inserted ‘‘the
Commissioner of Social Security and’’ before ‘‘the Secretary of Health and Human Services’’.
1993—Subsec. (c)(2)(B). Pub. L. 103–66 inserted ‘‘of
more than one month in’’ after ‘‘following any period’’.
1991—Subsec. (b). Pub. L. 102–237, § 909, substituted
‘‘benefits that may be provided under this chapter,
whether through coupons, access devices, or otherwise’’
for ‘‘the allotment provided any eligible household’’
and ‘‘benefits’’ for ‘‘an allotment’’.
Subsec. (c)(1). Pub. L. 102–237, § 910(1), inserted at end
‘‘Households shall receive full months’ allotments for
all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month.’’
Subsec. (c)(2)(B). Pub. L. 102–237, § 910(2), substituted
‘‘the expiration of a certification period or after the
termination of the certification of a household, during
a certification period, when the household ceased to be
eligible after notice and an opportunity for a hearing
under section 2020(e)(10) of this title’’ for ‘‘previous participation in such program’’.
1990—Subsec. (a). Pub. L. 101–624, § 1730, inserted before period at end ‘‘, and shall be adjusted on each October 1 to reflect the percentage change in the cost of
the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12month period ending the preceding June, with the result rounded to the nearest $5’’.
Subsec. (c)(3). Pub. L. 101–624, § 1732, amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
‘‘An eligible household applying after the 15th day of
the month shall receive, in lieu of its initial allotment
and its regular allotment for the following month, an
allotment that is the aggregate of the initial allotment
and the first regular allotment, which shall be provided
in accordance with paragraphs (3) and (9) of section
2020(e) of this title.’’
1988—Subsec. (c). Pub. L. 100–387 substituted ‘‘(2)’’ for
‘‘and (2)’’ and added cl. (3).
Subsec. (c)(1), (2). Pub. L. 100–435, § 203(a)(1), (2), designated first sentence of subsec. (c) as par. (1) and designated second sentence of subsec. (c) as par. (2), and
redesignated cls. (1) to (3) of par. (2) as cls. (A) to (C),
respectively.
Subsec. (c)(3). Pub. L. 100–435, § 203(a)(3), added par.
(3).
1985—Subsec. (e). Pub. L. 99–198 added subsec. (e).
1982—Subsec. (a). Pub. L. 97–253, §§ 143(c), 152(b), substituted ‘‘nearest lower whole dollar’’ for ‘‘nearest
whole dollar’’, and struck out provision which required
the Secretary, six months after the implementation of
the elimination of the charge for allotments and annually thereafter, to report to Congress the effect on participation and cost thereof.
Subsec. (c). Pub. L. 97–253, § 163, inserted provision
that no allotment may be issued to a household for the
initial month or period if the value of the allotment
which such household would otherwise be eligible to receive under this subsection is less than $10, and substituted ‘‘following any period’’ for ‘‘following any period of more than thirty days’’ in cl. (2).
Subsec. (d). Pub. L. 97–253, § 164, added subsec. (d).
1981—Subsec. (a). Pub. L. 97–35, § 104(b), inserted ‘‘(d)
and (e)’’ after ‘‘2014’’.
Subsec. (c). Pub. L. 97–35, § 110, added subsec. (c).
1977—Pub. L. 95–113 substituted revised provisions relating to the value of the coupon allotment for provisions covering approval of retail stores and wholesale
food concerns which are now covered by section 2018 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the

Page 1301

TITLE 7—AGRICULTURE

date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4107, and 4115(b)(5) of
Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of
Pub. L. 110–246, set out as a note under section 1161 of
Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L.
107–171, set out as an Effective Date note under section
1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Sept. 1, 1994, see section
13971(b)(4) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1730 of Pub. L. 101–624 effective Oct. 1, 1990, and amendment by section 1732 of Pub.
L. 101–624 effective and implemented first day of month
beginning 120 days after publication of implementing
regulations to be promulgated not later than Oct. 1,
1991, see section 1781(a), (b)(1) of Pub. L. 101–624, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by Pub. L. 100–435 effective Jan. 1, 1989,
and implemented by States by Jan. 1, 1990, see section
701(b)(3)(A) of Pub. L. 100–435, set out as a note under
section 2012 of this title.
Pub. L. 100–387, title V, § 502(b), Aug. 11, 1988, 102 Stat.
960, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(JJ), May 22, 2008, 122 Stat. 1096, 1098;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(JJ),
June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘(1) The amendments made by this section [amending
this section] take effect on the date of enactment of
this Act [Aug. 11, 1988].
‘‘(2) The amendments made by this section shall not
apply with respect to allotments issued under the Food
and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.] to any
household for any month beginning before the effective
period of this section begins.’’
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–35 effective and implemented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.

§ 2018

EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.

§ 2018. Approval of retail food stores and wholesale food concerns
(a) Authorization to accept and redeem benefits
(1) APPLICATIONS.—
(A) IN GENERAL.—Regulations issued pursuant to this chapter shall provide for the submission of applications for approval by retail
food stores and wholesale food concerns which
desire to be authorized to accept and redeem
benefits under the supplemental nutrition assistance program and for the approval of those
applicants whose participation will effectuate
the purposes of the supplemental nutrition assistance program.
(B) FACTORS FOR CONSIDERATION.—In determining the qualifications of applicants, there
shall be considered among such other factors
as may be appropriate, the following:
(i) the nature and extent of the food business conducted by the applicant;
(ii) the volume of benefit transactions
which may reasonably be expected to be conducted by the applicant food store or wholesale food concern;
(iii) whether the applicant is located in an
area with significantly limited access to
food;
(iv) any information, if available, about
the ability of the anticipated or existing
electronic benefit transfer equipment and
service provider of the applicant to provide
sufficient information through the electronic benefit transfer system to minimize
the risk of fraudulent transactions; and
(v) the business integrity and reputation of
the applicant.
(C) CERTIFICATE.—Approval of an applicant
shall be evidenced by the issuance to such applicant of a nontransferable certificate of approval.
(D) VISIT REQUIRED.—No retail food store or
wholesale food concern of a type determined
by the Secretary, based on factors that include
size, location, and type of items sold, shall be
approved to be authorized or reauthorized for
participation in the supplemental nutrition
assistance program unless an authorized employee of the Department of Agriculture, a
designee of the Secretary, or, if practicable, an
official of the State or local government designated by the Secretary has visited the store
or concern for the purpose of determining
whether the store or concern should be approved or reauthorized, as appropriate.
(2) The Secretary shall issue regulations providing for—
(A) the periodic reauthorization of retail
food stores and wholesale food concerns; and
(B) periodic notice to participating retail
food stores and wholesale food concerns of the
definitions of ‘‘retail food store’’, ‘‘staple
foods’’, ‘‘eligible foods’’, and ‘‘perishable
foods’’.
(3) AUTHORIZATION PERIODS.—The Secretary
shall establish specific time periods during

§ 2018

TITLE 7—AGRICULTURE

which authorization to accept and redeem benefits shall be valid under the supplemental nutrition assistance program.
(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT
AND SERVICE PROVIDERS.—Before implementing
clause (iv) of paragraph (1)(B), the Secretary
shall issue guidance for retail food stores on how
to select electronic benefit transfer equipment
and service providers that are able to meet the
requirements of that clause.
(b) Effective and efficient operation of program;
effect of disqualification; posting of bond
(1) No wholesale food concern may be authorized to accept and redeem benefits unless the
Secretary determines that its participation is
required for the effective and efficient operation
of the supplemental nutrition assistance program. No co-located wholesale-retail food concern may be authorized to accept and redeem
benefits as a retail food store, unless (A) the
concern does a substantial level of retail food
business, or (B) the Secretary determines that
failure to authorize such a food concern as a retail food store would cause hardship to households that receive supplemental nutrition assistance program benefits. In addition, no firm
may be authorized to accept and redeem benefits
as both a retail food store and as a wholesale
food concern at the same time.
(2)(A) A buyer or transferee (other than a bona
fide buyer or transferee) of a retail food store or
wholesale food concern that has been disqualified under section 2021(a) of this title may not
accept or redeem benefits until the Secretary receives full payment of any penalty imposed on
such store or concern.
(B) A buyer or transferee may not, as a result
of the sale or transfer of such store or concern,
be required to furnish a bond under section
2021(d) of this title.
(c) Information submitted by applicants; safeguards; disclosure to and use by State agencies
Regulations issued pursuant to this chapter
shall require an applicant retail food store or
wholesale food concern to submit information,
which may include relevant income and sales
tax filing documents, purchase invoices, records
relating to electronic benefit transfer equipment
and related services, transaction and redemption data provided through the electronic benefit transfer system, or program-related records,
which will permit a determination to be made as
to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this chapter or the regulations issued
pursuant to this chapter. The regulations may
require retail food stores and wholesale food
concerns to provide written authorization for
the Secretary to verify all relevant tax filings
with appropriate agencies and to obtain corroborating documentation from other sources so
that the accuracy of information provided by
the stores and concerns may be verified. Regulations issued pursuant to this chapter shall provide for safeguards which limit the use or disclosure of information obtained under the authority granted by this subsection to purposes directly connected with administration and enforcement of the provisions of this chapter or

Page 1302

the regulations issued pursuant to this chapter,
except that such information may be disclosed
to and used by Federal law enforcement and investigative agencies and law enforcement and
investigative agencies of a State government for
the purposes of administering or enforcing this
chapter or any other Federal or State law and
the regulations issued under this chapter or
such law, and State agencies that administer
the special supplemental nutrition program for
women, infants and children, authorized under
section 17 of the Child Nutrition Act of 1966 [42
U.S.C. 1786], for purposes of administering the
provisions of that Act [42 U.S.C. 1771 et seq.] and
the regulations issued under that Act. Any person who publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by Federal law (including a regulation)
any information obtained under this subsection
shall be fined not more than $1,000 or imprisoned
not more than 1 year, or both. The regulations
shall establish the criteria to be used by the
Secretary to determine whether the information
is needed. The regulations shall not prohibit the
audit and examination of such information by
the Comptroller General of the United States
authorized by any other provision of law.
(d) Hearing upon failure of applicant to receive
approval; waiting period for new application
Any retail food store or wholesale food concern which has failed upon application to receive approval to participate in the supplemental nutrition assistance program may obtain a hearing on such refusal as provided in section 2023 of this title. A retail food store or
wholesale food concern that is denied approval
to accept and redeem benefits because the store
or concern does not meet criteria for approval
established by the Secretary may not, for at
least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding
sentence, including permanent disqualification,
that reflects the severity of the basis of the denial.
(e) Reporting of abuses by public
Approved retail food stores shall display a sign
providing information on how persons may report abuses they have observed in the operation
of the supplemental nutrition assistance program.
(f) Limitation on participation of house-to-house
trade routes
In those areas in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the
operation of house-to-house trade routes damages the program’s integrity, the Secretary
shall limit the participation of house-to-house
trade routes to those routes that are reasonably
necessary to provide adequate access to households.
(g) EBT service requirement
An approved retail food store shall provide
adequate EBT service as described in section
2016(h)(3)(B) of this title.

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TITLE 7—AGRICULTURE

(h) Private establishments
(1) In general
Subject to paragraph (2), no private establishment that contracts with a State agency
to offer meals at concessional prices as described in paragraphs (3), (4), and (9) of section
2012(k) of this title may be authorized to accept and redeem benefits unless the Secretary
determines that the participation of the private establishment is required to meet a documented need in accordance with section
2020(e)(25) of this title.
(2) Existing contracts
(A) In general
If, on the day before February 7, 2014, a
State has entered into a contract with a private establishment described in paragraph
(1) and the Secretary has not determined
that the participation of the private establishment is necessary to meet a documented
need in accordance with section 2020(e)(25) of
this title, the Secretary shall allow the operation of the private establishment to continue without that determination of need for
a period not to exceed 180 days from the date
on which the Secretary establishes determination criteria, by regulation, under section 2020(e)(25) of this title.
(B) Justification
If the Secretary determines to terminate a
contract with a private establishment that
is in effect on February 7, 2014, the Secretary
shall provide justification to the State in
which the private establishment is located
for that termination.
(3) Report to Congress
Not later than 90 days after September 30,
2014, and 90 days after the last day of each fiscal year thereafter, the Secretary shall submit
to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the effectiveness of a program
under this subsection using any information
received from States under section 2020(e)(25)
of this title as well as any other information
the Secretary may have relating to the manner in which benefits are used.
(i) Review of program operations
(1) Review by the Secretary
The Secretary—
(A) shall review a representative sample of
currently authorized facilities referred to in
section 2012(k)(3) of this title to determine
whether benefits are properly used by or on
behalf of participating households residing
in such facilities and whether such facilities
are using more than 1 source of Federal or
State funding to meet the food needs of residents;
(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and rehabilitation programs, and group living arrangements for
the blind and disabled, referred to in section
2012(k) of this title;
(C) shall gather information, and such facilities, programs, and arrangements shall

§ 2018

be required to submit information deemed
necessary for a full and thorough review; and
(D) shall report the results of these reviews to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 18 months
after December 20, 2018, along with recommendations regarding—
(i) any additional requirements or oversight that would be appropriate for such
facilities, programs, and arrangements;
and
(ii) whether such facilities, programs,
and arrangements should continue to be
authorized to participate in the supplemental nutrition assistance program.
(2) Limitation
Nothing in this subsection shall authorize
the Secretary to deny any application for continued authorization, any application for authorization, or any request to withdraw the
authorization of any such facility, program, or
arrangement based on a determination that
residents of any such facility or entity are
residents of an institution prior to December
31, 2022.
(j) Incentives
(1) Definition of eligible incentive food
In this subsection, the term ‘‘eligible incentive food’’ means—
(A) a staple food that is identified for increased consumption, consistent with the
most recent dietary recommendations; and
(B) a fruit, vegetable, dairy, whole grain,
or product thereof.
(2) Guidance
(A) In general
The Secretary shall issue guidance to clarify the process by which an approved retail
food store may seek a waiver to offer an incentive, which may be used only for the purchase of an eligible incentive food at the
point of purchase, to a household purchasing
food with benefits issued under this chapter.
(B) Guidance
The guidance under subparagraph (A) shall
establish a process under which an approved
retail food store, prior to carrying out an incentive program under this subsection, shall
provide to the Secretary information describing the incentive program, including—
(i) the types of incentives that will be offered;
(ii) the types of foods that will be
incentivized for purchase; and
(iii) an explanation of how the incentive
program intends to support meeting dietary intake goals.
(3) No limitation on benefits
A waiver granted under this subsection shall
not be used to carry out any activity that limits the use of benefits under this chapter or
any other Federal nutrition law.
(4) Effect
Guidance provided under this subsection
shall not affect any requirements under sec-

§ 2018

TITLE 7—AGRICULTURE

tion 7517 of this title, including the eligibility
of a retail food store to participate in a
project funded under such section.
(5) Report
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 annual report describing the types of incentives approved under this subsection.
(Pub. L. 88–525, § 9, Aug. 31, 1964, 78 Stat. 705;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 968; Pub. L. 97–98, title XIII, §§ 1313, 1314,
Dec. 22, 1981, 95 Stat. 1285; Pub. L. 97–253, title I,
§ 165, Sept. 8, 1982, 96 Stat. 779; Pub. L. 99–198,
title XV, §§ 1521, 1532(b), Dec. 23, 1985, 99 Stat.
1579, 1583; Pub. L. 99–570, title XI, § 11002(d), Oct.
27, 1986, 100 Stat. 3207–168; Pub. L. 101–624, title
XVII, §§ 1733, 1734, Nov. 28, 1990, 104 Stat. 3791;
Pub. L. 102–237, title IX, § 941(4), Dec. 13, 1991, 105
Stat. 1892; Pub. L. 103–225, title II, §§ 202, 203,
Mar. 25, 1994, 108 Stat. 108; Pub. L. 103–448, title
II, § 204(w)(2)(A), Nov. 2, 1994, 108 Stat. 4746; Pub.
L. 104–193, title VIII, §§ 831–834, Aug. 22, 1996, 110
Stat. 2328; Pub. L. 110–234, title IV, §§ 4001(b),
4002(a)(5), 4115(b)(6), May 22, 2008, 122 Stat. 1092,
1093, 1106; Pub. L. 110–246, § 4(a), title IV,
§§ 4001(b), 4002(a)(5), 4115(b)(6), June 18, 2008, 122
Stat. 1664, 1853, 1854, 1868; Pub. L. 113–79, title IV,
§§ 4002(e), 4014(b), 4030(f), Feb. 7, 2014, 128 Stat.
784, 794, 814; Pub. L. 115–334, title IV,
§§ 4006(f)–4008, Dec. 20, 2018, 132 Stat. 4637–4639;
Pub. L. 116–94, div. B, title VII, § 784, Dec. 20,
2019, 133 Stat. 2656; Pub. L. 116–260, div. A, title
VII, § 783, Dec. 27, 2020, 134 Stat. 1230; Pub. L.
117–103, div. A, title VII, § 773, Mar. 15, 2022, 136
Stat. 99.)
Editorial Notes
REFERENCES IN TEXT
That Act, meaning the Child Nutrition Act of 1966,
referred to in subsec. (c), is Pub. L. 89–642, Oct. 11, 1966,
80 Stat. 885, which is classified generally to chapter 13A
(§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1771 of
Title 42 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2022—Subsec. (i)(2). Pub. L. 117–103 substituted ‘‘December 31, 2022’’ for ‘‘December 31, 2021’’.
2020—Subsec. (i)(2). Pub. L. 116–260 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’.
2019—Subsec. (i)(2). Pub. L. 116–94 substituted ‘‘prior
to December 31, 2020’’ for ‘‘for a period of 18 months
from December 20, 2018’’.
2018—Subsec. (a)(1). Pub. L. 115–334, § 4006(f)(1), inserted subsec. heading, designated existing provisions,
comprised of four sentences, as par. (1), inserted par.
heading, designated first through fourth sentences as
subpars. (A) to (D), respectively, inserted subpar. headings, redesignated former cls. (A) to (D) of second sentence as cls. (i) to (iii) and (v) of subpar. (B), respectively, and added cl. (iv) of subpar. (B).
Subsec. (a)(4). Pub. L. 115–334, § 4006(f)(2), added par.
(4).

Page 1304

Subsec. (c). Pub. L. 115–334, § 4006(f)(3), inserted
‘‘records relating to electronic benefit transfer equipment and related services, transaction and redemption
data provided through the electronic benefit transfer
system,’’ after ‘‘purchase invoices,’’.
Subsec. (i). Pub. L. 115–334, § 4007, added subsec. (i).
Subsec. (j). Pub. L. 115–334, § 4008, added subsec. (j).
2014—Subsec. (a)(1). Pub. L. 113–79, § 4002(e)(1), substituted ‘‘; (C) whether the applicant is located in an
area with significantly limited access to food; and (D)’’
for ‘‘; and (C)’’.
Subsec. (a)(3). Pub. L. 113–79, § 4030(f), realigned margins.
Subsec. (c). Pub. L. 113–79, § 4002(e)(2), inserted ‘‘purchase invoices, or program-related records,’’ after ‘‘relevant income and sales tax filing documents,’’.
Subsec. (g). Pub. L. 113–79, § 4002(e)(3), added subsec.
(g).
Subsec. (h). Pub. L. 113–79, § 4014(b), added subsec. (h).
2008—Subsec. (a)(1). Pub. L. 110–246, § 4115(b)(6)(A),
(B)(i), substituted ‘‘benefit transactions’’ for ‘‘coupon
business’’ and ‘‘benefits’’ for ‘‘coupons’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing.
Subsec. (a)(3). Pub. L. 110–246, § 4115(b)(6)(B)(ii), added
par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘The Secretary shall establish specific time periods during which authorization to
accept and redeem coupons, or to redeem benefits
through an electronic benefit transfer system, shall be
valid under the food stamp program.’’
Subsec. (b)(1). Pub. L. 110–246, § 4115(b)(6)(A), substituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
Pub. L. 110–246, § 4002(a)(5), substituted ‘‘households
that receive supplemental nutrition assistance program benefits’’ for ‘‘food stamp households’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (b)(2)(A). Pub. L. 110–246, § 4115(b)(6)(A), substituted ‘‘benefits’’ for ‘‘coupons’’.
Subsec. (d). Pub. L. 110–246, § 4115(b)(6)(A), substituted
‘‘benefits’’ for ‘‘coupons’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (e). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (g). Pub. L. 110–246, § 4115(b)(6)(C), which directed substitution of ‘‘section 2012(k)(9)’’ for ‘‘section
2012(g)(9)’’ in subsec. (g), could not be executed because
subsec. (g) did not appear in text subsequent to its termination. See 1986 Amendment note and Effective and
Termination Dates of 1986 Amendment note below.
1996—Subsec. (a)(1). Pub. L. 104–193, § 831, inserted at
end ‘‘No retail food store or wholesale food concern of
a type determined by the Secretary, based on factors
that include size, location, and type of items sold, shall
be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of
the State or local government designated by the Secretary has visited the store or concern for the purpose
of determining whether the store or concern should be
approved or reauthorized, as appropriate.’’
Subsec. (a)(3). Pub. L. 104–193, § 832, added par. (3).
Subsec. (c). Pub. L. 104–193, § 833, in first sentence, inserted ‘‘, which may include relevant income and sales
tax filing documents,’’ after ‘‘submit information’’ and
inserted after first sentence ‘‘The regulations may require retail food stores and wholesale food concerns to
provide written authorization for the Secretary to
verify all relevant tax filings with appropriate agencies
and to obtain corroborating documentation from other
sources so that the accuracy of information provided
by the stores and concerns may be verified.’’
Subsec. (d). Pub. L. 104–193, § 834, inserted at end ‘‘A
retail food store or wholesale food concern that is de-

Page 1305

TITLE 7—AGRICULTURE

nied approval to accept and redeem coupons because
the store or concern does not meet criteria for approval
established by the Secretary may not, for at least 6
months, submit a new application to participate in the
program. The Secretary may establish a longer time
period under the preceding sentence, including permanent disqualification, that reflects the severity of the
basis of the denial.’’
1994—Subsec. (a)(2). Pub. L. 103–225, § 202, amended
par. (2) generally. Prior to amendment, par. (2) read as
follows: ‘‘The Secretary is authorized to issue regulations providing for a periodic reauthorization of retail
food stores and wholesale food concerns.’’
Subsec. (c). Pub. L. 103–448 in second sentence substituted ‘‘special supplemental nutrition program’’ for
‘‘special supplemental food program’’.
Pub. L. 103–225, § 203, in second sentence inserted
‘‘Federal law enforcement and investigative agencies
and law enforcement and investigative agencies of a
State government for the purposes of administering or
enforcing this chapter or any other Federal or State
law and the regulations issued under this chapter or
such law, and’’ after ‘‘disclosed to and used by’’, inserted after second sentence ‘‘Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under
this subsection shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.’’, and in last
sentence substituted ‘‘The regulations shall establish
the criteria to be used by the Secretary to determine
whether the information is needed. The regulations
shall not prohibit’’ for ‘‘Such purposes shall not exclude’’.
1991—Subsec. (a)(1). Pub. L. 102–237 redesignated cls.
(1) to (3) as (A) to (C), respectively.
1990—Subsec. (a). Pub. L. 101–624, § 1733, designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1). Pub. L. 101–624, § 1734, inserted after
first sentence ‘‘No co-located wholesale-retail food concern may be authorized to accept and redeem coupons
as a retail food store, unless (A) the concern does a substantial level of retail food business, or (B) the Secretary determines that failure to authorize such a food
concern as a retail food store would cause hardship to
food stamp households.’’
1986—Subsec. (g). Pub. L. 99–570, § 1102(d), (f)(3), temporarily added subsec. (g) which read as follows: ‘‘In an
area in which the Secretary, in consultation with the
Inspector General of the Department of Agriculture,
finds evidence that the participation of an establishment or shelter described in section 2012(g)(9) of this
title damages the program’s integrity, the Secretary
shall limit the participation of such establishment or
shelter in the food stamp program, unless the establishment or shelter is the only establishment or shelter
serving the area.’’ See Effective and Termination Dates
of 1986 Amendment note below.
1985—Subsec. (b). Pub. L. 99–198, § 1532(b), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 99–198, § 1521, inserted provisions
relating to disclosure of information to, and the use by,
State agencies which administer the special supplemental food program for women, infants, and children,
authorized under section 17 of the Child Nutrition Act
of 1966.
1982—Subsec. (f). Pub. L. 97–253 added subsec. (f).
1981—Subsec. (c). Pub. L. 97–98, § 1313, inserted provision that such purposes not exclude the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law.
Subsec. (e). Pub. L. 97–98, § 1314, added subsec. (e).
1977—Pub. L. 95–113 substituted revised provisions
covering approval of retail food stores and wholesale
food concerns for provisions relating to redemption of
coupons which are now covered by section 2019 of this
title.

§ 2019

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(5), and
4115(b)(6) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–448 effective Oct. 1, 1994,
see section 401 of Pub. L. 103–448, set out as a note
under section 1755 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated
not later than Oct. 1, 1991, see section 1781(a) of Pub. L.
101–624, set out as a note under section 2012 of this title.
EFFECTIVE AND TERMINATION DATES OF 1986
AMENDMENT
Amendment by Pub. L. 99–570 effective, and to be implemented by issuance of final regulations, not later
than Apr. 1, 1987, and cease to be effective after Sept.
30, 1990, see section 11002(f)(1), (2) of Pub. L. 99–570, set
out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.

§ 2019. Redemption of program benefits
Regulations issued pursuant to this chapter
shall provide for the redemption of benefits accepted by retail food stores through approved
wholesale food concerns or through financial institutions which are insured by the Federal Deposit Insurance Corporation, or 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 de-

§ 2019

TITLE 7—AGRICULTURE

fined in section 2012(o)(4) of this title shall be
authorized to redeem their members’ food benefits prior to receipt by the members of the food
so purchased, retail food stores authorized to accept and redeem benefits through on-line transactions shall be authorized to accept benefits
prior to the delivery of food if the delivery occurs within a reasonable time of the purchase,
as determined by the Secretary, and publicly operated community mental health centers or private nonprofit organizations or institutions
which serve meals to narcotics addicts or alcoholics in drug addiction or alcoholic treatment
and rehabilitation programs, public and private
nonprofit shelters that prepare and serve meals
for battered women and children, and public or
private nonprofit group living arrangements
that serve meals to disabled or blind residents,
shall not be authorized to redeem benefits
through financial institutions which are insured
by the Federal Deposit Insurance Corporation or
the Federal Credit Union Act. Notwithstanding
the preceding sentence, a center, organization,
institution, shelter, group living arrangement,
or establishment described in that sentence may
be authorized to redeem benefits through a financial institution described in that sentence if
the center, organization, institution, shelter,
group living arrangement, or establishment is
equipped with 1 or more point-of-sale devices
and is operating in an area in which an electronic benefit transfer system described in section 2016(h) of this title has been implemented.
No financial institution may impose on or collect from a retail food store a fee or other
charge for the redemption of benefits that are
submitted to the financial institution in a manner consistent with the requirements, other
than any requirements relating to cancellation
of benefits, for the presentation of benefits by financial institutions to the Federal Reserve
banks.
(Pub. L. 88–525, § 10, Aug. 31, 1964, 78 Stat. 706;
Pub. L. 91–671, § 6, Jan. 11, 1971, 84 Stat. 2051;
Pub. L. 92–603, title IV, § 411(c)–(e), Oct. 30, 1972,
86 Stat. 1491; Pub. L. 93–86, § 3(f), (i), (k), Aug. 10,
1973, 87 Stat. 247, 248; Pub. L. 93–125, § 1(j), Oct.
18, 1973, 87 Stat. 450; Pub. L. 95–113, title XIII,
§ 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L. 96–58,
§ 8, Aug. 14, 1979, 93 Stat. 392; Pub. L. 96–249, title
I, § 101(b), May 26, 1980, 94 Stat. 357; Pub. L. 97–98,
title XIII, § 1315, Dec. 22, 1981, 95 Stat. 1285; Pub.
L. 99–198, title XV, §§ 1501(b), 1522, 1523(a), Dec.
23, 1985, 99 Stat. 1566, 1580; Pub. L. 99–570, title
XI, § 11002(e), Oct. 27, 1986, 100 Stat. 3207–168; Pub.
L. 107–171, title IV, § 4113(a), May 13, 2002, 116
Stat. 313; Pub. L. 110–234, title IV, § 4115(b)(7),
May 22, 2008, 122 Stat. 1107; Pub. L. 110–246, § 4(a),
title IV, § 4115(b)(7), June 18, 2008, 122 Stat. 1664,
1868; Pub. L. 113–79, title IV, § 4011(b)(2)(B), Feb.
7, 2014, 128 Stat. 793; Pub. L. 115–334, title IV,
§ 4022(4), Dec. 20, 2018, 132 Stat. 4653.)
Editorial Notes
REFERENCES IN TEXT
The Federal Credit Union Act, referred to in text, is
act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified generally to chapter 14 (§ 1751 et seq.) of Title 12,
Banks and Banking. For complete classification of this
Act to the Code, see section 1751 of Title 12 and Tables.

Page 1306
CODIFICATION

Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Pub. L. 115–334, in first sentence, struck out ‘‘or
the Federal Savings and Loan Insurance Corporation’’
after ‘‘the Federal Deposit Insurance Corporation’’ in
two places and substituted ‘‘2012(o)(4)’’ for ‘‘2012(p)(4)’’.
2014—Pub. L. 113–79 inserted ‘‘retail food stores authorized to accept and redeem benefits through on-line
transactions shall be authorized to accept benefits
prior to the delivery of food if the delivery occurs within a reasonable time of the purchase, as determined by
the Secretary,’’ after ‘‘food so purchased,’’.
2008—Pub. L. 110–246, § 4115(b)(7), in section catchline,
substituted ‘‘program benefits’’ for ‘‘coupons’’ and, in
text, substituted ‘‘section 2012(p)(4)’’ for ‘‘section
2012(k)(4)’’ and ‘‘section 2016(h)’’ for ‘‘section 2016(i)’’
and substituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
2002—Pub. L. 107–171 inserted after first sentence
‘‘Notwithstanding the preceding sentence, a center, organization, institution, shelter, group living arrangement, or establishment described in that sentence may
be authorized to redeem coupons through a financial
institution described in that sentence if the center, organization, institution, shelter, group living arrangement, or establishment is equipped with 1 or more
point-of-sale devices and is operating in an area in
which an electronic benefit transfer system described
in section 2016(i) of this title has been implemented.’’
1986—Pub. L. 99–570, § 11002(e), (f), temporarily struck
out ‘‘and’’ after ‘‘battered women and children,’’ and
inserted ‘‘, and public or private nonprofit establishments, or public or private nonprofit shelters that feed
individuals who do not reside in permanent dwellings
and individuals who have no fixed mailing addresses’’.
See Effective and Termination Dates of 1986 Amendment note below.
1985—Pub. L. 99–198, § 1501(b), inserted reference to
publicly operated community mental health centers.
Pub. L. 99–198, § 1522, inserted ‘‘, or which are insured
under the Federal Credit Union Act and have retail
food stores or wholesale food concerns in their field of
membership’’ and ‘‘or the Federal Credit Union Act’’.
Pub. L. 99–198, § 1523(a), inserted sentence providing
that no financial institution may impose on or collect
from a retail food store a fee or other charge for the redemption of coupons that are submitted to the financial institution in a manner consistent with the requirements, other than any requirements relating to
cancellation of coupons, for the presentation of coupons by financial institutions to the Federal Reserve
banks.
1981—Pub. L. 97–98 substituted ‘‘financial institutions
which are insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation’’ for ‘‘banks’’ wherever appearing.
1980—Pub. L. 96–249 substituted ‘‘purchased,’’ for
‘‘purchased’’ and ‘‘residents’’ for ‘‘residents,’’ and inserted ‘‘, public and private nonprofit shelters that prepare and serve meals for battered women and children’’
after ‘‘programs’’.
1979—Pub. L. 96–58 inserted provisions relating to
public and private nonprofit group living arrangements
that serve meals to disabled or blind residents.
1977—Pub. L. 95–113 substituted revised provisions
covering redemption of coupons for provisions relating
to administration of program which are now covered by
section 2020 of this title.
1973—Subsec. (e). Pub. L. 93–86, § 3(i), inserted cls. (6)
and (7), designated former cl. (6) as (8), and inserted
provision relating to time for submission of plan of operation to Secretary for approval and time for Secretary to make a determination of approval or disapproval of such plan.

Page 1307

§ 2020

TITLE 7—AGRICULTURE

Subsec. (h). Pub. L. 93–125 inserted ‘‘members of’’
after ‘‘the Secretary shall permit’’.
Pub. L. 93–86, § 3(k), inserted provisions authorizing
meal purchases from senior citizens’ centers, apartment buildings occupied primarily by elderly persons,
any public or nonprofit private school which prepares
meals especially for elderly persons, any public or nonprofit private eating establishment which prepares
meals especially for elderly persons during special
hours, and any other public or nonprofit private establishment approved for such purpose by the Secretary.
Subsec. (i). Pub. L. 93–86, § 3(f), added subsec. (i).
1972—Subsec. (c). Pub. L. 92–603, § 411(c), struck out
provisions relating to filing of an affidavit by household for certification of eligibility for public assistance.
Subsec. (e). Pub. L. 92–603, § 411(d), (e), substituted
‘‘prescribed by the Secretary in the regulations issued
pursuant to this chapter’’ for ‘‘used by them in the certification of applicants for benefits under the federally
aided public assistance programs’’ in cl. (2), and struck
out provisions requiring the State agency to institute
procedures under which any household participating in
the food stamp program shall be entitled to have the
charges for its coupon allotment deducted from grants
or payments such household is entitled to receive and
have its coupon allotment distributed to it with such
grant or payment.
1971—Subsec. (c). Pub. L. 91–671, § 6(a), inserted provisions respecting certification of eligibility for benefits
by execution of an affidavit and duration of validity of
a certification upon removal of a household from one
political subdivision to another.
Subsec. (e). Pub. L. 91–671, § 6(b), substituted ‘‘regulations’’ for ‘‘regulation’’ in second sentence preceding
cl. (1) and ‘‘from time to time may’’ for ‘‘may from
time to time’’, and added cls. (5) and (6) and provision
for withholding in the State plan.
Subsec. (h). Pub. L. 91–671, § 6(c), added subsec. (h).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4115(b)(7) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246,
set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4113(b), May 13, 2002, 116
Stat. 314, provided that: ‘‘The amendment made by this
section [amending this section] takes effect on the date
of enactment of this Act [May 13, 2002].’’
EFFECTIVE AND TERMINATION DATES OF 1986
AMENDMENT
Amendment by Pub. L. 99–570 effective, and to be implemented by issuance of final regulations, not later
than Apr. 1, 1987, and cease to be effective after Sept.
30, 1990, see section 11002(f)(1), (2) of Pub. L. 99–570, set
out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.

EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–58 to be implemented in all
States by July 1, 1980, but not to affect the rights or liabilities of Secretary, States, and applicant or participant households under provisions of this chapter as in
effect on July 1, 1979, until implemented, see section
10(c) of Pub. L. 96–58, set out as a note under section
2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–603 effective Jan. 1, 1973,
see section 411(h) of Pub. L. 92–603, set out as a note
under section 2012 of this title.
REGULATIONS
Pub. L. 99–198, title XV, § 1523(b), Dec. 23, 1985, 99 Stat.
1580, provided that: ‘‘The Secretary of Agriculture, in
consultation with the Board of Governors of the Federal Reserve System, shall issue regulations implementing the amendment made by subsection (a)
[amending this section].’’
PUBLICLY OPERATED COMMUNITY HEALTH CENTERS
Provisions of this section concerning private, nonprofit drug addiction or alcoholic treatment and rehabilitation programs to be applicable to publicly operated community health centers, see section 101(b) of
Pub. L. 98–107, set out in part as a note under section
2012 of this title.
EXTENSION UNTIL OCTOBER 1, 1976, OF FINAL DATE FOR
COMPLIANCE WITH REGULATIONS GOVERNING USE OF
FOOD STAMPS BY AFDC FAMILIES
Pub. L. 94–182, title II, § 201, Dec. 31, 1975, 89 Stat. 1056,
permitted the final date for compliance with regulations implementing former subsec. (e)(7) of this section
to be extended until Oct. 1, 1976.

§ 2020. Administration
(a) State responsibility
(1) In general
The State agency of each participating
State shall have responsibility for certifying
applicant households and issuing EBT cards.
(2) Local administration
The responsibility of the agency of the State
government shall not be affected by whether
the program is operated on a State-administered or county-administered basis, as provided under section 2012(s)(1) of this title.
(3) Records
(A) In general
Each State agency shall keep such records
as may be necessary to determine whether
the program is being conducted in compliance with this chapter (including regulations issued under this chapter).
(B) Inspection and audit
All records, and the entire information
systems in which records are contained, that
are covered in subparagraph (A) shall—
(i) be made available for inspection and
audit by the Secretary, subject to data and
security protocols agreed to by the State
agency and Secretary;
(ii) subject to subsection (e)(8), be available for review in any action filed by a

§ 2020

TITLE 7—AGRICULTURE

household to enforce any provision of this
chapter (including regulations issued
under this chapter); and
(iii) be preserved for such period of not
less than 3 years as may be specified in
regulations.
(4) Review of major changes in program design
(A) In general
The Secretary shall develop standards for
identifying major changes in the operations
of a State agency, including—
(i) large or substantially-increased numbers of low-income households that do not
live in reasonable proximity to an office
performing the major functions described
in subsection (e);
(ii) substantial increases in reliance on
automated systems for the performance of
responsibilities previously performed by
personnel described in subsection (e)(6)(B);
(iii) changes that potentially increase
the difficulty of reporting information
under subsection (e) or section 2015(c) of
this title; and
(iv) changes that may disproportionately
increase the burdens on any of the types of
households
described
in
subsection
(e)(2)(A).
(B) Notification
If a State agency implements a major
change in operations, the State agency
shall—
(i) notify the Secretary; and
(ii) collect such information as the Secretary shall require to identify and correct
any adverse effects on program integrity
or access, including access by any of the
types of households described in subsection (e)(2)(A).
(b) Correction of improper denials and underissuances
When a State agency learns, through its own
reviews under section 2025 of this title or other
reviews, or through other sources, that it has
improperly denied, terminated, or underissued
benefits to an eligible household, the State
agency shall promptly restore any improperly
denied benefits to the extent required by subsection (e)(11) and section 2023(b) of this title,
and shall take other steps to prevent a recurrence of such errors where such error was caused
by the application of State agency practices,
rules or procedures inconsistent with the requirements of this chapter or with regulations
or policies of the Secretary issued under the authority of this chapter.
(c) Civil rights compliance
(1) In general
In the certification of applicant households
for the supplemental nutrition assistance program, there shall be no discrimination by reason of race, sex, religious creed, national origin, or political affiliation.
(2) Relation to other laws
The administration of the program by a
State agency shall be consistent with the
rights of households under the following laws
(including implementing regulations):

Page 1308

(A) The Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.).
(B) Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
(C) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(D) Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
(d) Plan of operation by State agency; approval
by Secretary; Indians
The State agency (as defined in section
2012(s)(1) of this title) of each State desiring to
participate in the supplemental nutrition assistance program shall submit for approval a plan of
operation specifying the manner in which such
program will be conducted within the State in
every political subdivision. The Secretary may
not, as a part of the approval process for a plan
of operation, require a State to submit for prior
approval by the Secretary the State agency instructions to staff, interpretations of existing
policy, State agency methods of administration,
forms used by the State agency, or any materials, documents, memoranda, bulletins, or
other matter, unless the State determines that
the materials, documents, memoranda, bulletins, or other matter alter or amend the State
plan of operation or conflict with the rights and
levels of benefits to which a household is entitled. In the case of all or part of an Indian reservation, the State agency as defined in section
2012(s)(1) of this title shall be responsible for
conducting such program on such reservation
unless the Secretary determines that the State
agency (as defined in section 2012(s)(1) of this
title) is failing, subsequent to August 31, 1964,
properly to administer such program on such
reservation in accordance with the purposes of
this chapter and further determines that the
State agency as defined in section 2012(s)(2) of
this title is capable of effectively and efficiently
conducting such program, in light of the distance of the reservation from State agency-operated certification and issuance centers, the previous experience of such tribal organization in
the operation of programs authorized under the
Indian Self-Determination Act (25 U.S.C. 450) 1
and similar Acts of Congress, the tribal organization’s management and fiscal capabilities, and
the adequacy of measures taken by the tribal organization to ensure that there shall be no discrimination in the operation of the program on
the basis of race, color, sex, or national origin,
in which event such State agency shall be responsible for conducting such program and submitting for approval a plan of operation specifying the manner in which such program will be
conducted. The Secretary, upon the request of a
tribal organization, shall provide the designees
of such organization with appropriate training
and technical assistance to enable them to qualify as expeditiously as possible as a State agency pursuant to section 2012(s)(2) of this title. A
State agency, as defined in section 2012(s)(1) of
this title, before it submits its plan of operation
to the Secretary for the administration of the
supplemental nutrition assistance program on
all or part of an Indian reservation, shall con1 See

References in Text note below.

Page 1309

TITLE 7—AGRICULTURE

sult in good faith with the tribal organization
about that portion of the State’s plan of operation pertaining to the implementation of the
program for members of the tribe, and shall implement the program in a manner that is responsive to the needs of the Indians on the reservation as determined by ongoing consultation
with the tribal organization.
(e) Requisites of State plan of operation
The State plan of operation required under
subsection (d) of this section shall provide,
among such other provisions as may be required
by regulation—
(1) that the State agency shall—
(A) at the option of the State agency, inform low-income households about the availability, eligibility requirements, application
procedures, and benefits of the supplemental
nutrition assistance program; and
(B) comply with regulations of the Secretary requiring the use of appropriate bilingual personnel and printed material in the
administration of the program in those portions of political subdivisions in the State in
which a substantial number of members of
low-income households speak a language
other than English;
(2)(A) that the State agency shall establish
procedures governing the operation of supplemental nutrition assistance program offices
that the State agency determines best serve
households in the State, including households
with special needs, such as households with elderly or disabled members, households in rural
areas with low-income members, homeless individuals, households residing on reservations,
and households in areas in which a substantial
number of members of low-income households
speak a language other than English.
(B) In carrying out subparagraph (A), a
State agency—
(i) shall provide timely, accurate, and fair
service to applicants for, and participants
in, the supplemental nutrition assistance
program;
(ii)(I) shall develop an application containing the information necessary to comply
with this chapter; and
(II) if the State agency maintains a
website for the State agency, shall make the
application available on the website in each
language in which the State agency makes a
printed application available;
(iii) shall permit an applicant household to
apply to participate in the program on the
same day that the household first contacts a
supplemental nutrition assistance program
office in person during office hours;
(iv) shall consider an application that contains the name, address, and signature of the
applicant to be filed on the date the applicant submits the application;
(v) shall require that an adult representative of each applicant household certify in
writing, under penalty of perjury, that—
(I) the information contained in the application is true; and
(II) all members of the household are
citizens or are aliens eligible to receive
supplemental nutrition assistance pro-

§ 2020

gram benefits under section 2015(f) of this
title;
(vi) shall provide a method of certifying
and issuing benefits to eligible homeless individuals, to ensure that participation in the
supplemental nutrition assistance program
is limited to eligible households; and
(vii) may establish operating procedures
that vary for local supplemental nutrition
assistance program offices to reflect regional and local differences within the
State.
(C) ELECTRONIC AND AUTOMATED SYSTEMS.—
(i) IN GENERAL.—Nothing in this chapter
shall prohibit the use of signatures provided
and maintained electronically, storage of
records using automated retrieval systems
only, or any other feature of a State agency’s application system that does not rely
exclusively on the collection and retention
of paper applications or other records.
(ii) STATE OPTION FOR TELEPHONIC SIGNATURE.—A State agency may establish a system by which an applicant household may
sign an application through a recorded
verbal assent over the telephone.
(iii) REQUIREMENTS.—A system established
under clause (ii) shall—
(I) record for future reference the verbal
assent of the household member and the
information to which assent was given;
(II) include effective safeguards against
impersonation, identity theft, and invasions of privacy;
(III) not deny or interfere with the right
of the household to apply in writing;
(IV) promptly provide to the household
member a written copy of the completed
application, with instructions for a simple
procedure for correcting any errors or
omissions;
(V) comply with paragraph (1)(B);
(VI) satisfy all requirements for a signature on an application under this chapter
and other laws applicable to the supplemental nutrition assistance program, with
the date on which the household member
provides verbal assent considered as the
date of application for all purposes; and
(VII) comply with such other standards
as the Secretary may establish.
(D) The signature of any adult under this
paragraph shall be considered sufficient to
comply with any provision of Federal law requiring a household member to sign an application or statement;
(3) that the State agency shall thereafter
promptly determine the eligibility of each applicant household by way of verification of income other than that determined to be excluded by section 2014(d) of this title (in part
through the use of the information, if any, obtained under section 2025(e) of this title and
after compliance with the requirement specified in paragraph (24)), household size (in any
case such size is questionable), and such other
eligibility factors as the Secretary determines
to be necessary to implement sections 2014 and
2015 of this title, although the State agency
may verify prior to certification, whether

§ 2020

TITLE 7—AGRICULTURE

questionable or not, the size of any applicant
household and such other eligibility factors as
the State agency determines are necessary, so
as to complete certification of and provide an
allotment retroactive to the period of application to any eligible household not later than
thirty days following its filing of an application, and that the State agency shall provide
each applicant household, at the time of application, a clear written statement explaining
what acts the household must perform to cooperate in obtaining verification and otherwise completing the application process;
(4) that the State agency shall insure that
each participating household receive a notice
of expiration of its certification prior to the
start of the last month of its certification period advising the household that it must submit a new application in order to renew its eligibility for a new certification period and, further, that each such household which seeks to
be certified another time or more times thereafter by filing an application for such recertification no later than fifteen days prior to
the day upon which its existing certification
period expires shall, if found to be still eligible, receive its allotment no later than one
month after the receipt of the last allotment
issued to it pursuant to its prior certification,
but if such household is found to be ineligible
or to be eligible for a smaller allotment during
the new certification period it shall not continue to participate and receive benefits on
the basis authorized for the preceding certification period even if it makes a timely request
for a fair hearing pursuant to paragraph (10) of
this subsection: Provided, That the timeliness
standards for submitting the notice of expiration and filing an application for recertification may be modified by the Secretary in
light of sections 2014(f)(2) and 2015(c) of this
title if administratively necessary;
(5) the specific standards to be used in determining the eligibility of applicant households
which shall be in accordance with sections 2014
and 2015 of this title and shall include no additional requirements imposed by the State
agency;
(6) that—
(A) the State agency shall undertake the
certification of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations
issued pursuant to this chapter; and
(B) the State agency personnel utilized in
undertaking such certification shall be employed in accordance with the current standards for a Merit System of Personnel Administration or any standards later prescribed
by the Office of Personnel Management pursuant to section 4728 of title 42 modifying or
superseding such standards relating to the
establishment and maintenance of personnel
standards on a merit basis;
(7) that an applicant household may be represented in the certification process and that
an eligible household may be represented in
benefit issuance or food purchase by a person
other than a member of the household so long
as that person has been clearly designated as
the representative of that household for that

Page 1310

purpose by the head of the household or the
spouse of the head, and, where the certification process is concerned, the representative
is an adult who is sufficiently aware of relevant household circumstances, except that
the Secretary may restrict the number of
households which may be represented by an individual and otherwise establish criteria and
verification standards for representation
under this paragraph;
(8) safeguards which prohibit the use or disclosure of information obtained from applicant households, except that—
(A) the safeguards shall permit—
(i) the disclosure of such information to
persons directly connected with the administration or enforcement of the provisions of this chapter, regulations issued
pursuant to this chapter, Federal assistance programs, or federally-assisted State
programs; and
(ii) the subsequent use of the information by persons described in clause (i) only
for such administration or enforcement;
(B) the safeguards shall not prevent the
use or disclosure of such information to the
Comptroller General of the United States for
audit and examination authorized by any
other provision of law;
(C) notwithstanding any other provision of
law, all information obtained under this
chapter from an applicant household shall be
made available, upon request, to local, State
or Federal law enforcement officials for the
purpose of investigating an alleged violation
of this chapter or any regulation issued
under this chapter;
(D) the safeguards shall not prevent the
use by, or disclosure of such information, to
agencies of the Federal Government (including the United States Postal Service) for
purposes of collecting the amount of an
overissuance of benefits, as determined
under section 2022(b) of this title, from Federal pay (including salaries and pensions) as
authorized pursuant to section 5514 of title 5
or a Federal income tax refund as authorized
by section 3720A of title 31;
(E) notwithstanding any other provision of
law, the address, social security number,
and, if available, photograph of any member
of a household shall be made available, on
request, to any Federal, State, or local law
enforcement officer if the officer furnishes
the State agency with the name of the member and notifies the agency that—
(i) the member—
(I) is fleeing to avoid prosecution, or
custody or confinement after conviction,
for a crime (or attempt to commit a
crime) that, under the law of the place
the member is fleeing, is a felony (or, in
the case of New Jersey, a high misdemeanor), or is violating a condition of
probation or parole imposed under Federal or State law; or
(II) has information that is necessary
for the officer to conduct an official duty
related to subclause (I);
(ii) locating or apprehending the member
is an official duty; and

Page 1311

TITLE 7—AGRICULTURE

(iii) the request is being made in the
proper exercise of an official duty; and
(F) the safeguards shall not prevent compliance with paragraph (15) or (18)(B) or subsection (u);
(9) that the State agency shall—
(A) provide benefits no later than 7 days
after the date of application to any household which—
(i)(I) has gross income that is less than
$150 per month; or
(II) is a destitute migrant or a seasonal
farmworker household in accordance with
the regulations governing such households
in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(B) provide benefits no later than 7 days
after the date of application to any household that has a combined gross income and
liquid resources that is less than the monthly rent, or mortgage, and utilities of the
household; and
(C) to the extent practicable, verify the income and liquid resources of a household referred to in subparagraph (A) or (B) prior to
issuance of benefits to the household;
(10) for the granting of a fair hearing and a
prompt determination thereafter to any
household aggrieved by the action of the State
agency under any provision of its plan of operation as it affects the participation of such
household in the supplemental nutrition assistance program or by a claim against the
household for an overissuance: Provided, That
any household which timely requests such a
fair hearing after receiving individual notice
of agency action reducing or terminating its
benefits within the household’s certification
period shall continue to participate and receive benefits on the basis authorized immediately prior to the notice of adverse action
until such time as the fair hearing is completed and an adverse decision rendered or
until such time as the household’s certification period terminates, whichever occurs
earlier, except that in any case in which the
State agency receives from the household a
written statement containing information
that clearly requires a reduction or termination of the household’s benefits, the State
agency may act immediately to reduce or terminate the household’s benefits and may provide notice of its action to the household as
late as the date on which the action becomes
effective. At the option of a State, at any time
prior to a fair hearing determination under
this paragraph, a household may withdraw,
orally or in writing, a request by the household for the fair hearing. If the withdrawal request is an oral request, the State agency
shall provide a written notice to the household
confirming the withdrawal request and providing the household with an opportunity to
request a hearing;
(11) upon receipt of a request from a household, for the prompt restoration in the form of
benefits to a household of any allotment or
portion thereof which has been wrongfully de-

§ 2020

nied or terminated, except that allotments
shall not be restored for any period of time
more than one year prior to the date the State
agency receives a request for such restoration
from a household or the State agency is notified or otherwise discovers that a loss to a
household has occurred;
(12) for the submission of such reports and
other information as from time to time may
be required by the Secretary;
(13) for indicators of expected performance
in the administration of the program;
(14) that the State agency shall specify a
plan of operation for providing supplemental
nutrition assistance program benefits for
households that are victims of a disaster; that
such plan shall include, but not be limited to,
procedures for informing the public about the
disaster program and how to apply for its benefits, coordination with Federal and private
disaster relief agencies and local government
officials, application procedures to reduce
hardship and inconvenience and deter fraud,
and instruction of caseworkers in procedures
for implementing and operating the disaster
program;
(15) notwithstanding paragraph (8) of this
subsection, for the immediate reporting to the
Immigration and Naturalization Service by
the State agency of a determination by personnel responsible for the certification or recertification of households that any member
of a household is ineligible to receive supplemental nutrition assistance program benefits
because that member is present in the United
States in violation of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];
(16) at the option 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 supplemental nutrition assistance program;
(17) 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 2012(s)(1)
of this title to the extent permitted under the
provisions of section 303(d) of the Social Security Act;
(18) 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 benefits 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 supplemental nutrition assist-

§ 2020

TITLE 7—AGRICULTURE

ance 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.
(19) the plans of the State agency for carrying out employment and training programs
under section 2015(d)(4) of this title, including
the nature and extent of such programs, the
geographic areas and households to be covered
under such program, the extent to which such
programs will be carried out in coordination
with the activities carried out under title I of
the Workforce Innovation and Opportunity
Act (29 U.S.C. 3111 et seq.), 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;
(20) in a project area in which 5,000 or more
households participate in the supplemental
nutrition assistance program, for the establishment and operation of a unit for the detection of fraud in the supplemental nutrition assistance program, including the investigation,
and assistance in the prosecution, of such
fraud;
(21) at the option of the State, for procedures
necessary to obtain payment of uncollected
overissuance of benefits from unemployment
compensation pursuant to section 2022(c) of
this title;
(22) the guidelines the State agency uses in
carrying out section 2015(i) of this title;
(23) if a State elects to carry out a simplified
supplemental nutrition assistance program
under section 2035 of this title, 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 supplemental nutrition assistance program 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 2025(c) of this
title;
(24) that the State agency shall request wage
data directly from the National Directory of
New Hires established under section 453(i) of
the Social Security Act (42 U.S.C. 653(i)) relevant to determining eligibility to receive
supplemental nutrition assistance program
benefits and determining the correct amount
of those benefits at the time of certification;

Page 1312

(25) if the State elects to carry out a program to contract with private establishments
to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of section
2012(k) of this title—
(A) the plans of the State agency for operating the program, including—
(i) documentation of a need that eligible
homeless, elderly, and disabled clients are
underserved in a particular geographic
area;
(ii) the manner by which the State agency will limit participation to only those
private establishments that the State determines necessary to meet the need identified in clause (i); and
(iii) any other conditions the Secretary
may prescribe, such as the level of security necessary to ensure that only eligible
recipients participate in the program; and
(B) a report by the State agency to the
Secretary annually, the schedule of which
shall be established by the Secretary, that
includes—
(i) the number of households and individual recipients authorized to participate
in the program, including any information
on whether the individual recipient is elderly, disabled, or homeless; and
(ii) an assessment of whether the program is meeting an established need, as
documented under subparagraph (A)(i);
and
(26) that for a household participating in the
supplemental nutrition assistance program,
the State agency shall pursue clarification
and verification, if applicable, of information
relating to the circumstances of the household
received from data matches for the purpose of
ensuring an accurate eligibility and benefit
determination, only if the information—
(A) appears to present significantly conflicting information from the information
that was used by the State agency at the
time of certification of the household;
(B) is obtained from data matches carried
out under subsection (q), (r), or (x); or
(C)(i) is less than 60 days old relative to
the current month of participation of the
household; and
(ii) if accurate, would have been required
to be reported by the household based on the
reporting requirements assigned to the
household by the State agency under section
2015(c) of this title.
(f) Repealed. Pub. L. 111–296, title II, § 241(b)(2),
Dec. 13, 2010, 124 Stat. 3236
(g) State noncompliance; correction of failures
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 supplemental nutrition assistance
program there is a failure by a State agency
without good cause to comply with any of the
provisions of this chapter, the regulations issued

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TITLE 7—AGRICULTURE

pursuant to this chapter, 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 2032 of this title 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 2025(a), 2025(c),
and 2025(g) of this title as the Secretary determines to be appropriate, subject to administrative and judicial review under section 2023 of
this title.
(h) Deposit by State to cover fraudulently or negligently issued benefits
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 benefits 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 supplemental nutrition assistance 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.
(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
supplemental nutrition assistance program denied nor its benefits under the supplemental
nutrition assistance program terminated solely on the basis that its application to participate has been denied or its benefits have been
terminated under any of the programs carried
out under the statutes specified in the second
sentence of section 2014(a) of this title and
without a separate determination by the State
agency that the household fails to satisfy the
eligibility requirements for participation in
the supplemental nutrition assistance program.

§ 2020

(j) Notice of availability of benefits and applications; revision of memorandum of understanding
(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
supplemental nutrition assistance 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 December 23, 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 chapter;
(B) applications for assistance under this
chapter 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) Use of post offices
Subject to the approval of the President, post
offices in all or part of the State may provide,
on request by the State agency, supplemental
nutrition assistance program benefits to eligible
households.
(l) Special financial audit review of high participation States
Whenever the ratio of a State’s average supplemental nutrition assistance program 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) Alaskan fee agents; use and services
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 lowincome households, assist in the completion of
applications, conduct required interviews, secure required verification, forward completed
applications and supporting documentation to
the State agency, and provide other services as
required by the State agency. Such services
shall not include making final decisions on
household eligibility or benefit levels.

§ 2020

TITLE 7—AGRICULTURE

(n) Verification by State agencies
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 benefits and benefits or payments referred to in section 2015(g) of this title or both
benefits and assistance provided in lieu of benefits under section 2026(b)(1) of this title.
(o) Data processing systems; model plan; comprehensive automation and computerization;
State plans; evaluation and report to Congress; corrective measures by State; time for
implementation
(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
chapter 10 of title 5, a model plan for the comprehensive automation of data processing and
computerization of information systems under
the supplemental nutrition assistance 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 supplemental nutrition assistance 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
supplemental nutrition assistance 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 admin-

Page 1314

istration of the supplemental nutrition assistance 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
supplemental nutrition assistance 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 supplemental nutrition assistance program in the
State.
(5)(A) Subject to subparagraph (B), in the case
of a plan for an automated data processing and
information retrieval system submitted by a
State agency to the Secretary under paragraph
(2), such State agency shall—
(i) commence implementation of its plan not
later than October 1, 1988; and
(ii) meet the time frames set forth in the
plan.
(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the
Secretary deems appropriate based on the Secretary’s finding of a good faith effort of a State
agency to implement its plan in accordance with
subparagraph (A).
(p) State verification option
In carrying out the supplemental nutrition assistance program, a State agency shall be required to use an immigration status verification
system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7), and an income and eligibility verification system, in accordance with standards set by the Secretary.
(q) Denial of benefits 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 subsection (e)(18)(B) from participating in the supplemental nutrition assistance program as a
member of any household.
(r) Denial of benefits 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
supplemental nutrition assistance program
benefits—
(A) 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.); or
(B) at the option of the State, to a household with children that ceases to receive
cash assistance under a State-funded public
assistance program.

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TITLE 7—AGRICULTURE

(2) Transitional benefits period
Under paragraph (1), a household may receive transitional supplemental nutrition assistance program 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 supplemental nutrition assistance program benefits equal to the allotment
received in the month immediately preceding
the date on which cash assistance was terminated, adjusted for the change in household income as a result of—
(A) the termination of cash assistance; and
(B) at the option of the State agency, information from another program in which
the household participates.
(4) Determination of future eligibility
In the final month of the transitional benefits period under paragraph (2), the State
agency may—
(A) require the household to cooperate in a
recertification of eligibility; and
(B) initiate a new certification period for
the household without regard to whether the
preceding certification period has expired.
(5) Limitation
A household shall not be eligible for transitional benefits under this subsection if the
household—
(A) loses eligibility under section 2015 of
this title;
(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 simplified application and eligibility determination systems and improved
access to benefits
(1) In general
Subject to the availability of appropriations
under section 2027(a) of this title, for each fiscal year, the Secretary shall use not more
than $5,000,000 of funds made available under
section 2027(a)(1) of this title 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 supplemental nutrition assistance program sim-

§ 2020

plified application and eligibility determination systems.
(2) Types of projects
A project under paragraph (1) may consist
of—
(A) coordinating application and eligibility determination processes, including
verification practices, under the supplemental nutrition assistance program and
other Federal, State, and local assistance
programs;
(B) establishing enhanced technological
methods that improve the administrative infrastructure used in processing applications
and determining eligibility; or
(C) carrying out such other activities as
the Secretary determines to be appropriate.
(3) Limitation
A grant under this subsection shall not be
made for the ongoing cost of carrying out any
project.
(4) Eligible entities
To be eligible to receive a grant under this
subsection, an entity shall be—
(A) a State agency administering the supplemental nutrition assistance 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
community-based 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) 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
chapter 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)).

§ 2020

TITLE 7—AGRICULTURE

(v) Data exchange standards for improved interoperability
(1) Designation
The Secretary shall, in consultation with an
interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern,
under this chapter—
(A) necessary categories of information
that State agencies operating related programs are required under applicable law to
electronically exchange with another State
agency; and
(B) Federal reporting and data exchange
required under applicable law.
(2) Requirements
The data exchange standards required by
paragraph (1) shall, to the maximum extent
practicable—
(A) incorporate a widely accepted, nonproprietary, searchable, computer-readable
format, such as the eXtensible Markup Language;
(B) contain interoperable standards developed and maintained by intergovernmental
partnerships, such as the National Information Exchange Model;
(C) incorporate interoperable standards developed and maintained by Federal entities
with authority over contracting and financial assistance;
(D) be consistent with and implement applicable accounting principles;
(E) be implemented in a manner that is
cost-effective and improves program efficiency and effectiveness; and
(F) be capable of being continually upgraded as necessary.
(3) Rules of construction
Nothing in this subsection requires a change
to existing data exchange standards for Federal reporting found to be effective and efficient.
(w) Advice regarding employment and training
services
For households containing at least one adult,
with no elderly or disabled members and with no
earned income at their last certification or required report, a State agency shall, at the time
of recertification, be required to advise members
of the household not exempt under section
2015(d)(2) of this title regarding available employment and training services.
(x) National Accuracy Clearinghouse
(1) Definition of indication of multiple issuance
In this subsection, the term ‘‘indication of
multiple issuance’’ means an indication, based
on a computer match, that supplemental nutrition assistance program benefits are being
issued to an individual by more than 1 State
agency simultaneously.
(2) Establishment
(A) In general
The Secretary shall establish an interstate
data system, to be known as the ‘‘National

Page 1316

Accuracy Clearinghouse’’, to prevent multiple issuances of supplemental nutrition assistance program benefits to an individual
by more than 1 State agency simultaneously.
(B) Data matching
The Secretary shall require that State
agencies make available to the National Accuracy Clearinghouse only such information
as is necessary for the purpose described in
subparagraph (A).
(C) Data protection
The information made available by State
agencies under subparagraph (B)—
(i) shall be used only for the purpose described in subparagraph (A);
(ii) shall be exempt from the disclosure
requirements of section 552(a) of title 5
pursuant to section 552(b)(3) of title 5, to
the extent such information is obtained or
received by the Secretary;
(iii) shall not be retained for longer than
is necessary to accomplish the purpose in
subparagraph (A);
(iv) shall be used in a manner that protects the identity and location of a vulnerable individual (including a victim of domestic violence) that is an applicant for,
or recipient of, supplemental nutrition assistance program benefits; and
(v) shall meet security standards as determined by the Secretary.
(3) Issuance of interim final regulations
Not later than 18 months after December 20,
2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that—
(A) incorporate best practices and lessons
learned from the pilot program under section 2036c(c) of this title;
(B) require a State agency to take appropriate action, as determined by the Secretary, with respect to each indication of
multiple issuance of supplemental nutrition
assistance program benefits, or each indication that an individual receiving such benefits in 1 State has applied to receive such
benefits in another State, while ensuring
timely and fair service to applicants for, and
recipients of, such benefits;
(C) establish standards to limit and protect the information submitted through or
retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C);
(D) establish safeguards to protect—
(i) the information submitted through or
retained by the National Accuracy Clearinghouse, including by limiting the period
of time that information is retained to the
period necessary to accomplish the purpose described in paragraph (2)(A); and
(ii) the privacy of information that is
submitted through or retained by the National Accuracy Clearinghouse consistent
with subsection (e)(8); and
(E) include such other rules and standards
the Secretary determines appropriate to
carry out this subsection.

Page 1317

§ 2020

TITLE 7—AGRICULTURE

(4) Timing
The initial match and corresponding actions
required by paragraph (3)(B) shall occur within
3 years after December 20, 2018.
(Pub. L. 88–525, § 11, Aug. 31, 1964, 78 Stat. 707;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 969; Pub. L. 96–249, title I, §§ 113, 116–120,
122, 123, May 26, 1980, 94 Stat. 361–363; Pub. L.
97–35, title I, § 111(a), Aug. 13, 1981, 95 Stat. 362;
Pub. L. 97–98, title XIII, §§ 1316–1320(a), 1321–1323,
Dec. 22, 1981, 95 Stat. 1286, 1287; Pub. L. 97–253,
title I, §§ 166–174, 180(b)(1), 189(b)(2), 190(c)(1),
Sept. 8, 1982, 96 Stat. 779, 780, 783, 787; Pub. L.
98–204, § 7, Dec. 2, 1983, 97 Stat. 1386; Pub. L.
98–369, div. B, title VI, § 2651(i), July 18, 1984, 98
Stat. 1150; Pub. L. 99–198, title XV, §§ 1507(b),
1517(b), 1525–1531(a), (b), 1535(b)(1), 1537(b), (c),
Dec. 23, 1985, 99 Stat. 1568, 1576, 1580–1582, 1584,
1586, 1587; Pub. L. 100–77, title VIII, §§ 808(a),
809(a), July 22, 1987, 101 Stat. 536; Pub. L. 100–435,
title II, § 204(a), title III, §§ 310, 311, 320, 321(a),
322, 323, 330, 352, Sept. 19, 1988, 102 Stat. 1657,
1660–1662, 1665; Pub. L. 101–624, title XVII,
§§ 1736–1741, 1763(b), Nov. 28, 1990, 104 Stat. 3793,
3794, 3806; Pub. L. 102–237, title IX, § 941(5), (6),
Dec. 13, 1991, 105 Stat. 1892; Pub. L. 103–66, title
XIII, § 13941(a), Aug. 10, 1993, 107 Stat. 676; Pub.
L. 103–296, title I, § 108(f)(2), (3), Aug. 15, 1994, 108
Stat. 1487; Pub. L. 104–66, title I, § 1011(x), Dec.
21, 1995, 109 Stat. 711; Pub. L. 104–193, title VIII,
§§ 809(b), 819(b), 835–840, 844(b), 848(b)(1), 854(b),
Aug. 22, 1996, 110 Stat. 2313, 2320, 2329–2331, 2333,
2334, 2342; Pub. L. 105–33, title I, §§ 1003(a)(1), (2),
(b), 1004, Aug. 5, 1997, 111 Stat. 255, 256; Pub. L.
105–379, § 1(a), Nov. 12, 1998, 112 Stat. 3399; Pub. L.
107–171, title IV, §§ 4114(a), 4115(a), 4116(a), May
13, 2002, 116 Stat. 314, 315; Pub. L. 108–265, title I,
§ 104(b)(2), June 30, 2004, 118 Stat. 737; Pub. L.
110–234, title IV, §§ 4001(b), 4002(a)(6), 4106, 4111(b),
4115(b)(8),
4116–4120,
4406(a)(2),
title
VII,
§ 7511(c)(5), May 22, 2008, 122 Stat. 1092, 1093, 1101,
1102, 1107, 1110–1112, 1140, 1267; Pub. L. 110–246,
§ 4(a), title IV, §§ 4001(b), 4002(a)(6), 4106, 4111(b),
4115(b)(8),
4116–4120,
4406(a)(2),
title
VII,
§ 7511(c)(5), June 18, 2008, 122 Stat. 1664, 1853, 1854,
1862, 1863, 1868, 1871–1874, 1902, 2029; Pub. L.
111–296, title II, § 241(b)(2), Dec. 13, 2010, 124 Stat.
3236; Pub. L. 113–79, title IV, §§ 4013, 4014(a), 4015,
4016(a), Feb. 7, 2014, 128 Stat. 793, 795; Pub. L.
115–334, title IV, §§ 4005(c), 4009–4011, 4013(a),
4022(5), Dec. 20, 2018, 132 Stat. 4632, 4639, 4640,
4642, 4653; Pub. L. 117–286, § 4(a)(27), Dec. 27, 2022,
136 Stat. 4308.)
Editorial Notes
REFERENCES IN TEXT
The Age Discrimination Act of 1975, referred to in
subsec. (c)(2)(A), is title III of Pub. L. 94–135, Nov. 28,
1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of
Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred
to in subsec. (c)(2)(C), is Pub. L. 101–336, July 26, 1990,
104 Stat. 327, which is classified principally to chapter
126 (§ 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Civil Rights Act of 1964, referred to in subsec.
(c)(2)(D), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241.

Title VI of the Act is classified generally to subchapter
V (§ 2000d et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
The Indian Self-Determination Act (25 U.S.C. 450), referred to in subsec. (d), is title I of Pub. L. 93–638, Jan.
4, 1975, 88 Stat. 2203, which was classified principally to
part A (§ 450f et seq.) of subchapter II of chapter 14 of
Title 25, Indians, prior to editorial reclassification as
subchapter I (§ 5321 et seq.) of chapter 46 of Title 25. For
complete classification of this Act to the Code, see
Short Title note set out under section 5301 of Title 25
and Tables.
The Immigration and Nationality Act, referred to in
subsec. (e)(15), is act June 27, 1952, ch. 477, 66 Stat. 163,
which is classified principally to chapter 12 (§ 1101 et
seq.) of Title 8, Aliens and Nationality. For complete
classification of this Act to the Code, see Short Title
note set out under section 1101 of Title 8 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (e)(19), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of
Title 29, Labor. For complete classification of this Act
to the Code, see section 1(a) of Pub. L. 113–128, set out
as a Short Title note under section 3101 of Title 29 and
Tables.
The Social Security Act, referred to in subsec.
(s)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part
A of title IV of the Act is classified generally to part
A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
The Richard B. Russell National School Lunch Act,
referred to in subsec. (u), is act June 4, 1946, ch. 281, 60
Stat. 230, which is classified generally to chapter 13
(§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 1751 of
Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec.
(u)(2)(A), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885,
which is classified generally to chapter 13A (§ 1771 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 1771 of Title 42
and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2022—Subsec. (o)(1). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advisory Committee
Act,’’.
2018—Subsec. (a)(2). Pub. L. 115–334, § 4022(5)(A), substituted ‘‘2012(s)(1)’’ for ‘‘2012(t)(1)’’.
Subsec. (a)(3)(B). Pub. L. 115–334, § 4013(a)(1), substituted ‘‘All records, and the entire information systems in which records are contained, that are covered’’
for ‘‘Records described’’ in introductory provisions.
Subsec. (a)(3)(B)(i). Pub. L. 115–334, § 4013(a)(2),
amended cl. (i) generally. Prior to amendment, cl. (i)
read as follows: ‘‘be available for inspection and audit
at any reasonable time;’’.
Subsec. (d). Pub. L. 115–334, § 4022(5)(B), substituted
‘‘2012(s)(1)’’ for ‘‘2012(t)(1)’’ wherever appearing and
‘‘2012(s)(2)’’ for ‘‘2012(t)(2)’’ in two places.
Subsec. (e)(17). Pub. L. 115–334, § 4022(5)(C)(i), substituted ‘‘2012(s)(1)’’ for ‘‘2012(t)(1)’’.
Subsec. (e)(19). Pub. L. 115–334, § 4005(c)(1), inserted
‘‘the extent to which such programs will be carried out
in coordination with the activities carried out under
title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3111 et seq.),’’ before ‘‘and the basis,’’.

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TITLE 7—AGRICULTURE

Subsec. (e)(23). Pub. L. 115–334, § 4022(5)(C)(ii), substituted ‘‘simplified supplemental nutrition assistance
program’’ for ‘‘Simplified Supplemental Nutrition Assistance Program’’ in introductory provisions.
Subsec. (e)(26). Pub. L. 115–334, § 4009, added par. (26).
Subsec. (t). Pub. L. 115–334, § 4010(1), substituted ‘‘simplified application’’ for ‘‘simple application’’ in heading.
Subsec. (t)(1). Pub. L. 115–334, § 4010(2), substituted
‘‘implement supplemental nutrition assistance program simplified application and eligibility determination systems’’ for ‘‘implement—
‘‘(A) simple supplemental nutrition assistance program application and eligibility determination systems; or
‘‘(B) measures to improve access to supplemental
nutrition assistance program benefits by eligible
households’’.
Subsec. (t)(2)(B). Pub. L. 115–334, § 4010(3)(A), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: ‘‘establishing methods for applying for
benefits and determining eligibility that—
‘‘(i) more extensively use—
‘‘(I) communications by telephone; and
‘‘(II) electronic alternatives such as the Internet;
or
‘‘(ii) otherwise improve the administrative infrastructure used in processing applications and determining eligibility;’’.
Subsec. (t)(2)(C) to (E). Pub. L. 115–334, § 4010(3)(B),
(C), redesignated subpar. (E) as (C) and struck out
former subpars. (C) and (D) which read as follows:
‘‘(C) developing procedures, training materials, and
other resources aimed at reducing barriers to participation and reaching eligible households;
‘‘(D) improving methods for informing and enrolling
eligible households; or’’.
Subsec. (w). Pub. L. 115–334, § 4005(c)(2), added subsec.
(w).
Subsec. (x). Pub. L. 115–334, § 4011, added subsec. (x).
Subsec. (e)(3). Pub. L. 113–79, § 4013(1), inserted ‘‘and
after compliance with the requirement specified in
paragraph (24)’’ after ‘‘section 2025(e) of this title’’.
Subsec. (e)(24). Pub. L. 113–79, § 4013(2)–(4), added par.
(24).
Subsec. (e)(25). Pub. L. 113–79, § 4014(a), added par. (25).
Subsec. (p). Pub. L. 113–79, § 4015, added subsec. (p) and
struck out former subsec. (p). Prior to amendment, text
read as follows: ‘‘Notwithstanding any other provision
of law, in carrying out the supplemental nutrition assistance program, a State agency shall not be required
to use an income and eligibility or an immigration status verification system established under section 1137
of the Social Security Act (42 U.S.C. 1320b–7).’’
Subsec. (v). Pub. L. 113–79, § 4016(a), added subsec. (v).
2010—Subsec. (f). Pub. L. 111–296 struck out subsec. (f)
which related to nutrition education.
2008—Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp
program’’ wherever appearing in subsecs. (d), (e) (except par. (25)), (f), (g), (i), (j), (o) to (q), and (t).
Subsec. (a). Pub. L. 110–246, § 4116, added subsec. (a)
and struck out former subsec. (a) which read as follows:
‘‘The State agency of each participating State shall assume responsibility for the certification of applicant
households and for the issuance of coupons and the control and accountability thereof. There shall be kept
such records as may be necessary to ascertain whether
the program is being conducted in compliance with the
provisions of this chapter and the regulations issued
pursuant to this chapter. Such records shall be available for inspection and audit at any reasonable time
and shall be preserved for such period of time, not less
than three years, as may be specified in the regulations
issued pursuant to this chapter.’’
Subsec. (c). Pub. L. 110–246, § 4117, added subsec. (c)
and struck out former subsec. (c) which read as follows:
‘‘In the certification of applicant households for the
food stamp program, there shall be no discrimination
by reason of race, sex, religious creed, national origin,
or political beliefs.’’

Page 1318

Subsec. (d). Pub. L. 110–246, § 4115(b)(8)(A), substituted
‘‘section 2012(t)(1)’’ for ‘‘section 2012(n)(1)’’ wherever appearing and ‘‘section 2012(t)(2)’’ for ‘‘section 2012(n)(2)’’
in two places.
Subsec. (e). Pub. L. 110–246, § 4115(b)(8)(E), substituted
‘‘benefits’’ for ‘‘coupons’’ wherever appearing in pars.
(2)(B)(vi), (8), (9), (11), (18), and (21).
Pub. L. 110–246, § 4002(a)(6)(A)(i), (ii), substituted ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamps’’ wherever appearing and ‘‘supplemental
nutrition assistance program offices’’ for ‘‘food stamp
offices’’ in two places.
Subsec. (e)(1). Pub. L. 110–246, § 4118, realigned margins and in subpar. (B) substituted ‘‘comply with regulations of the Secretary requiring the use of’’ for ‘‘use’’.
Subsec.
(e)(2)(B)(iii).
Pub.
L.
110–246,
§ 4002(a)(6)(A)(iii), substituted ‘‘supplemental nutrition
assistance program office’’ for ‘‘food stamp office’’.
Subsec. (e)(2)(C). Pub. L. 110–246, § 4119, inserted subpar. heading, designated existing provisions as cl. (i),
inserted cl. heading, and added cls. (ii) and (iii).
Subsec. (e)(7). Pub. L. 110–246, § 4115(b)(8)(D), substituted ‘‘benefit’’ for ‘‘coupon’’.
Subsec. (e)(8). Pub. L. 110–246, § 4120(1), in introductory provisions, substituted ‘‘safeguards which prohibit
the use or disclosure of information obtained from applicant households’’ for ‘‘safeguards which limit the use
or disclosure of information obtained from applicant
households to persons directly connected with the administration or enforcement of the provisions of this
chapter, regulations issued pursuant to this chapter,
Federal assistance programs, or federally assisted
State programs’’.
Subsec. (e)(8)(A) to (D). Pub. L. 110–246, § 4120(2), (3),
added subpar. (A) and redesignated former subpars. (A)
to (C) as (B) to (D), respectively. Former subpar. (D) redesignated (E).
Subsec. (e)(8)(E). Pub. L. 110–246, § 4120(2), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Pub. L. 110–246, § 4115(b)(8)(B)(i), substituted ‘‘paragraph (15) or (18)(B)’’ for ‘‘paragraph (16) or (20)(B)’’.
Subsec. (e)(8)(F). Pub. L. 110–246, § 4120(2), (4), redesignated subpar. (E) as (F) and inserted ‘‘or subsection
(u)’’ before semicolon at end.
Subsec.
(e)(15)
to
(17).
Pub.
L.
110–246,
§ 4115(b)(8)(B)(ii)–(iv), redesignated pars. (16) to (18) as
(15) to (17), respectively, in par. (17), substituted ‘‘described in section 2012(t)(1) of this title’’ for ‘‘(described
in section 2012(n)(1) of this title)’’, and struck out
former par. (15) which read as follows: ‘‘that the State
agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the fourth sentence of paragraph (2) of this subsection in those project areas or
parts of project areas in which the Secretary, in consultation with the Department’s Inspector General,
finds that it would be useful to protect the program’s
integrity and would be cost effective, to present a photographic identification card when using its authorization card in order to receive its coupons. The State
agency may permit a member of a household to comply
with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program;’’.
Subsec.
(e)(18)
to
(24).
Pub.
L.
110–246,
§ 4115(b)(8)(B)(ii), (iii), redesignated pars. (20) to (25) as
(18) to (23), respectively, and struck out former par. (19)
which read as follows: ‘‘that, in project areas or parts
thereof where authorization cards are used, and eligible
households are required to present photographic identification cards in order to receive their coupons, the
State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the
issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been sto-

Page 1319

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len or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State
agency for the face value of any coupons issued in the
transaction in which such card is used and the issuer
fails to comply with the requirements of clause (A) of
this paragraph;’’. Former par. (18) redesignated (17).
Subsec. (e)(25). Pub. L. 110–246, § 4115(b)(8)(B)(iii), redesignated par. (25) as (23).
Pub. L. 110–246, § 4002(a)(6)(A)(iv), substituted ‘‘Simplified Supplemental Nutrition Assistance Program’’
for ‘‘Simplified Food Stamp Program’’ in introductory
provisions and ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’ in subpar.
(A).
Subsec. (f). Pub. L. 110–246, § 4111(b), added subsec. (f)
and struck out former subsec. (f) which related to assignment of responsibility for nutrition education to
the Cooperative Extension Service, in cooperation with
the Food and Nutrition Service, and grants to eligible
private nonprofit organizations and State agencies to
direct a collaborative effort to coordinate and integrate nutrition education into other programs available to food stamp program participants and other lowincome households.
Subsec. (f)(1). Pub. L. 110–246, § 7511(c)(5), which directed substitution of ‘‘National Institute of Food and
Agriculture’’ for ‘‘Cooperative Extension Service’’,
could not be executed because ‘‘Cooperative Extension
Service’’ did not appear subsequent to amendment by
Pub. L. 110–246, § 4111(b). See above and Effective Date
of 2008 Amendment note below.
Subsec. (h). Pub. L. 110–246, § 4115(b)(8)(C), substituted
‘‘benefits’’ for ‘‘coupon or coupons’’.
Subsec. (k). Pub. L. 110–246, § 4002(a)(6)(B), substituted
‘‘may provide, on request by the State agency, supplemental nutrition assistance program benefits’’ for
‘‘may issue, upon request by the State agency, food
stamps’’.
Subsec. (l). Pub. L. 110–246, § 4002(a)(6)(C), substituted
‘‘supplemental nutrition assistance program participation’’ for ‘‘food stamp participation’’.
Subsec. (n). Pub. L. 110–246, § 4115(b)(8)(E), substituted
‘‘both benefits and benefits or payments’’ for ‘‘both
coupons and benefits or payments’’ and ‘‘both benefits
and assistance provided in lieu of benefits’’ for ‘‘both
coupons and assistance provided in lieu of coupons’’.
Subsec. (q). Pub. L. 110–246, § 4115(b)(8)(F), substituted
‘‘subsection (e)(18)(B)’’ for ‘‘subsection (e)(20)(B)’’.
Pub. L. 110–246, § 4002(a)(6)(D), substituted ‘‘benefits’’
for ‘‘food stamps’’ in heading.
Subsec. (r). Pub. L. 110–246, § 4002(a)(6)(D), substituted
‘‘benefits’’ for ‘‘food stamps’’ in heading.
Subsec. (s)(1). Pub. L. 110–246, § 4106, designated part
of existing provisions as subpar. (A) and added subpar.
(B).
Pub. L. 110–246, § 4002(a)(6)(E), substituted ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamp benefits’’.
Subsec. (s)(2), (3). Pub. L. 110–246, § 4002(a)(6)(E), substituted ‘‘supplemental nutrition assistance program
benefits’’ for ‘‘food stamp benefits’’.
Subsec. (t)(1). Pub. L. 110–246, § 4406(a)(2), substituted
‘‘Subject to the availability of appropriations under
section 2027(a) of this title, for each fiscal year’’ for
‘‘For each of fiscal years 2003 through 2007’’.
Pub. L. 110–246, § 4002(a)(6)(F), substituted ‘‘supplemental nutrition assistance program application’’ for
‘‘food stamp application’’ in subpar. (A) and ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamp benefits’’ in subpar. (B).
2004—Subsec. (u). Pub. L. 108–265 added subsec. (u).
2002—Subsec. (e)(2)(B)(ii). Pub. L. 107–171, § 4114(a),
designated existing provisions as subcl. (I) and added
subcl. (II).
Subsec. (s). Pub. L. 107–171, § 4115(a), added subsec. (s).
Subsec. (t). Pub. L. 107–171, § 4116(a), added subsec. (t).
1998—Subsec. (r). Pub. L. 105–379 added subsec. (r).
1997—Subsec. (e)(8)(E). Pub. L. 105–33, § 1003(a)(2), substituted ‘‘paragraph (16) or (20)(B)’’ for ‘‘paragraph
(16)’’.

§ 2020

Subsec. (e)(20). Pub. L. 105–33, § 1003(a)(1), added par.
(20) and struck out former par. (20) which read as follows: ‘‘that the State agency shall establish a system
and take action on a periodic basis to verify and otherwise assure that an individual does not receive coupons
in more than one jurisdiction within the State;’’.
Subsec. (f). Pub. L. 105–33, § 1004, inserted subsec.
heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (q). Pub. L. 105–33, § 1003(b), added subsec. (q).
1996—Subsec. (e)(2). Pub. L. 104–193, § 835(1)(A), added
par. (2) and struck out former par. (2) which required
that each State plan of operation was to provide that
each household which contacted food stamp office in
person during office hours to make what could reasonably be interpreted as oral or written request for food
stamp assistance was to receive and be permitted to
file, on same day that such contact was first made,
simplified, uniform national application form for participation in food stamp program.
Subsec. (e)(3). Pub. L. 104–193, §§ 809(b), 835(1)(B), substituted ‘‘shall’’ for ‘‘shall—’’ after ‘‘and that the State
agency’’, struck out ‘‘(A)’’ before ‘‘provide each applicant household’’ and struck out subpars. (B) to (E) and
concluding provisions which provided that State agency was to assist each applicant household in obtaining
appropriate verification and completing application
process, not require any household to submit additional
proof of matter on which State agency already had current verification, not deny any application for participation solely because of failure of person outside household to cooperate, process applications if household
complied with requirements of first sentence of section
2015(c) of this title by taking appropriate steps to
verify information otherwise required to be verified
under this chapter, provide household, at time of each
certification and recertification, with statement describing reporting responsibilities of household under
this chapter, and provide toll-free or local telephone
number, or telephone number at which collect calls
would be accepted by State agency, at which household
could reach appropriate representative of State agency.
Subsec. (e)(6). Pub. L. 104–193, § 836, substituted ‘‘(6)
that—’’ for ‘‘(6) that’’, realigned margins of subpars. (A)
and (B), in subpar. (B) substituted ‘‘Office of Personnel
Management’’ for ‘‘United States Civil Service Commission’’, and struck out subpars. (C) to (E) which read
as follows: ‘‘(C) the State agency shall provide a continuing, comprehensive program of training for all personnel undertaking such certification so that eligible
households are promptly and accurately certified to receive the allotments for which they are eligible under
this chapter; (D) the State agency, at its option, may
undertake intensive training to ensure that State agency personnel who undertake the certification of households that include a member who engages in farming
are qualified to perform such certification; and (E) at
its option, the State agency may provide, or contract
for the provision of, training and assistance to persons
working with volunteer or nonprofit organizations that
provide program information activities or eligibility
screening to persons potentially eligible for food
stamps;’’.
Subsec. (e)(8). Pub. L. 104–193, §§ 837, 844(b), in introductory provisions, substituted ‘‘except that—’’ for
‘‘except that’’, in subpar. (A), realigned margin, substituted ‘‘the safeguards’’ for ‘‘such safeguards’’ and
semicolon for comma at end, in subpar. (B), realigned
margin and substituted ‘‘chapter;’’ for ‘‘chapter, and’’,
in subpar. (C), realigned margin, substituted ‘‘the safeguards’’ for ‘‘such safeguards’’, struck out ‘‘and excluding claims arising from an error of the State agency,
that has not been recovered pursuant to such section’’
before ‘‘, from Federal pay’’, and inserted before semicolon at end ‘‘or a Federal income tax refund as authorized by section 3720A of title 31’’, and added subpars. (D)
and (E).
Subsec. (e)(9). Pub. L. 104–193, § 838, in subpar. (A),
substituted ‘‘7 days’’ for ‘‘five days’’, redesignated subpar. (C) as (B), substituted ‘‘7 days’’ for ‘‘five days’’, and

§ 2020

TITLE 7—AGRICULTURE

struck out former subpar. (B) which read as follows:
‘‘provide coupons no later than five days after the date
of application to any household in which all members
are homeless individuals and that meets the income
and resource criteria for coupons under this chapter;’’,
and redesignated subpar. (D) as (C) and substituted ‘‘or
(B)’’ for ‘‘, (B), or (C)’’.
Subsec. (e)(10). Pub. L. 104–193, § 839, inserted before
semicolon at end a period and ‘‘At the option of a
State, at any time prior to a fair hearing determination under this paragraph, a household may withdraw,
orally or in writing, a request by the household for the
fair hearing. If the withdrawal request is an oral request, the State agency shall provide a written notice
to the household confirming the withdrawal request
and providing the household with an opportunity to request a hearing’’.
Subsec. (e)(14). Pub. L. 104–193, § 835(1)(C), (D)(i), redesignated par. (15) as (14) and struck out former par.
(14) which read as follows: ‘‘that the State agency shall
prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall
make available in such offices for home use pamphlets
prepared or obtained by the Secretary listing (A) foods
that contain substantial amounts of recommended
daily allowances of vitamins, minerals, and protein for
children and adults; (B) menus that combine such foods
into meals; (C) details on eligibility for other programs
administered by the Secretary that provide nutrition
benefits; and (D) general information on the relationship between health and diet;’’.
Subsec. (e)(15) to (17). Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (16) to (18) as (15) to (17), respectively.
Former par. (15) redesignated (14).
Subsec. (e)(18). Pub. L. 104–193, § 840, substituted ‘‘at
the option of the State agency, that information may
be’’ for ‘‘that information is’’ and ‘‘may be requested’’
for ‘‘shall be requested’’.
Pub. L. 104–193, § 835(1)(D)(i), redesignated par. (19) as
(18). Former par. (18) redesignated (17).
Subsec. (e)(19) to (22). Pub. L. 104–193, § 835(1)(D)(i), redesignated pars. (20) to (23) as (19) to (22), respectively.
Former par. (19) redesignated (18).
Subsec. (e)(23). Pub. L. 104–193, §§ 819(b)(1), 835(1)(D)(i),
redesignated par. (24) as (23) and struck out ‘‘and’’ at
end. Former par. (23) redesignated (22).
Subsec. (e)(24). Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24). Former par. (24) redesignated
(23).
Subsec. (e)(25). Pub. L. 104–193, § 854(b), added par. (25).
Pub. L. 104–193, §§ 819(b)(2), 835(1)(C), substituted semicolon for concluding period and struck out par. (25)
which read as follows: ‘‘a procedure for designating
project areas or parts of project areas that are rural
and in which low-income persons face substantial difficulties in obtaining transportation. The State agency
shall designate the areas according to procedures approved by the Secretary. In each area so designated,
the State agency shall provide for the issuance of coupons by mail to all eligible households in the area, except that any household with mail losses exceeding levels established by the Secretary shall not be entitled to
such a mailing and the State agency shall not be required to issue coupons by mail in those localities
within such area where the mail loss rates exceed
standards set by the Secretary.’’
Subsec. (e)(26). Pub. L. 104–193, § 835(1)(D)(ii), redesignated par. (26) as (24).
Pub. L. 104–193, § 819(b)(3), added par. (26).
Subsec. (g). Pub. L. 104–193, § 848(b)(1), in first sentence, struck out ‘‘the Secretary’s standards for the efficient and effective administration of the program established under section 2025(b)(1) of this title or’’ before
‘‘the requirements established pursuant to section
2032’’.
Subsec. (i). Pub. L. 104–193, § 835(2)(A), inserted subsec.
heading.
Subsec. (i)(1). Pub. L. 104–193, § 835(2)(A), designated
portion of existing provisions as par. (1), inserted head-

Page 1320

ing, and substituted ‘‘Notwithstanding any other provision of law,’’ for ‘‘Notwithstanding any other provision
of law, the Secretary, the Commissioner of Social Security and the Secretary of Health and Human Services
shall develop a system by which (1) a single interview
shall be conducted to determine eligibility for the food
stamp program and the aid to families with dependent
children program under part A of title IV of the Social
Security Act; (2)’’.
Subsec. (i)(2). Pub. L. 104–193, § 835(2)(B), substituted a
period, par. (2) designation, heading, and ‘‘Except in a
case of disqualification as a penalty for failure to comply with a public assistance program rule or regulation,
no’’ for ‘‘; (3) households in which all members are included in a federally aided public assistance or State or
local general assistance grant in a State that has a single State-wide general assistance application form
shall have their application for participation in the
food stamp program contained in the public assistance
or general assistance application form, and households
applying for a local general assistance grant in a local
jurisdiction in which the agency administering the general assistance program also administers the food
stamp program shall be provided an application for participation in the food stamp program at the time of
their application for general assistance, along with information concerning how to apply for the food stamp
program; and (4) new applicants, as well as households
which have recently lost or been denied eligibility for
public assistance or general assistance, shall be certified for participation in the food stamp program
based on information in the public assistance or general assistance case file to the extent that reasonably
verified information is available in such case file. In
addition to implementing paragraphs (1) through (4),
the State agency shall inform applicants for benefits
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) that such applicants may file, along
with their application for such benefits, an application
for benefits under this chapter, and that if such applicants file, they shall have a single interview for food
stamps and for benefits under part A of title IV of the
Social Security Act. No’’.
Subsec. (p). Pub. L. 104–193, § 840(2), added subsec. (p).
1995—Subsec. (l). Pub. L. 104–66 struck out ‘‘, and
shall, upon completion of the audit, provide a report to
Congress of its findings and recommendations within
one hundred and eighty days’’ after ‘‘within that
State’’ in first sentence.
1994—Subsec. (i). Pub. L. 103–296, § 108(f)(3), inserted
‘‘, the Commissioner of Social Security’’ after ‘‘the
Secretary’’ in first sentence.
Subsec. (j). Pub. L. 103–296, § 108(f)(2), substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary of
Health and Human Services’’ wherever appearing.
1993—Subsec. (e)(8)(C). Pub. L. 103–66 added cl. (C).
1991—Subsec. (b). Pub. L. 102–237, § 941(6), redesignated
subsec. (p) as (b) and transferred it to follow subsec. (a).
Subsec. (e)(2). Pub. L. 102–237, § 941(5)(A), substituted
a semicolon for period at end.
Subsec. (e)(3)(D). Pub. L. 102–237, § 941(5)(B)(i), substituted ‘‘section 2015 of this title)’’ for ‘‘section 2015 of
this title’’.
Subsec. (e)(3)(E). Pub. L. 102–237, § 941(5)(B)(ii), made
technical amendment to clarify alignment of margin of
concluding provisions.
Subsec. (e)(15). Pub. L. 102–237, § 941(5)(C), substituted
a semicolon for period at end.
Subsec. (p). Pub. L. 102–237, § 941(6), redesignated subsec. (p) as (b) and transferred it to follow subsec. (a).
1990—Subsec. (e)(2). Pub. L. 101–624, § 1736(1), substituted ‘‘on or near its front cover) explanations’’ for
‘‘instructions’’ in third sentence.
Pub. L. 101–624, § 1736(2), substituted ‘‘The State agency shall require that an adult representative of each
household that is applying for food stamp benefits shall
certify in writing, under penalty of perjury, that the
information contained in the application is true and
that all members of the household are either citizens or
are aliens eligible to receive food stamps under section

Page 1321

TITLE 7—AGRICULTURE

2015(f) of this title. The signature of the adult under
this section shall be deemed sufficient to comply with
any provision of Federal law requiring household members to sign the application or statements in connection with the application process.’’ for ‘‘One adult
member of a household that is applying for a coupon allotment shall be required to certify in writing, under
penalty of perjury, the truth of the information contained in the application for the allotment.’’
Subsec. (e)(3)(E). Pub. L. 101–624, § 1737, inserted before semicolon at end a period followed by ‘‘Under rules
prescribed by the Secretary, a State agency shall develop standard estimates of the shelter expenses that
may reasonably be expected to be incurred by households in which all members are homeless but that are
not receiving free shelter throughout the month. The
Secretary may issue regulations to preclude the use of
the estimates for households with extremely low shelter costs for whom the following sentence shall not
apply. A State agency shall use the estimates in determining the allotments of the households, unless a
household verifies higher expenses’’.
Subsec. (e)(21). Pub. L. 101–624, § 1738(1), struck out
‘‘and’’ after ‘‘within the State;’’.
Subsec. (e)(22). Pub. L. 101–624, § 1738(2), substituted
semicolon for period at end.
Subsec. (e)(25). Pub. L. 101–624, § 1738(3)–(5), added par.
(25).
Subsec. (f). Pub. L. 101–624, § 1739, inserted first sentence and struck out former first sentence which read
as follows: ‘‘To encourage the purchase of nutritious
foods, the Secretary is authorized to extend food and
nutrition education to reach food stamp program participants, using the methods and techniques developed
in the expanded food and nutrition education and other
programs.’’
Subsec. (g). Pub. L. 101–624, § 1763(b), inserted ‘‘or the
requirements established pursuant to section 2032 of
this title’’ after ‘‘section 2025(b)(1) of this title’’ in first
sentence.
Subsec. (i)(3). Pub. L. 101–624, § 1740, inserted ‘‘in a
State that has a single State-wide general assistance
application form’’ after ‘‘grant’’ and inserted before
semicolon at end ‘‘, and households applying for a local
general assistance grant in a local jurisdiction in which
the agency administering the general assistance program also administers the food stamp program shall be
provided an application for participation in the food
stamp program at the time of their application for general assistance, along with information concerning how
to apply for the food stamp program’’.
Subsec. (j)(1). Pub. L. 101–624, § 1741, inserted ‘‘supplemental security income or’’ after ‘‘recipient of’’.
1988—Subsec. (e)(1)(A). Pub. L. 100–435, § 204(a),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘not conduct food stamp
outreach activities with funds provided under this
chapter except, at the option of the State agency, food
stamp informational activities directed at homeless individuals; and’’.
Subsec. (e)(2). Pub. L. 100–435, § 310, inserted provisions relating to brief, simply-written, and readable application forms.
Pub. L. 100–435, § 330, substituted ‘‘The State agency
shall waive in-office interviews, on a household’s request, if a household is unable to appoint an authorized
representative pursuant to paragraph (7) and has no
adult household members able to come to the appropriate State agency office because such members are
elderly, are mentally or physically handicapped, live in
a location not served by a certification office, or have
transportation difficulties or similar hardships as determined by the State agency (including hardships due
to residing in a rural area, illness, care of a household
member, prolonged severe weather, or work or training
hours). If an in-office interview is waived, the State
agency may conduct a telephone interview or a home
visit. The State agency shall provide for telephone contact by, mail delivery of forms to, and mail return of
forms by, households that have transportation difficul-

§ 2020

ties or similar hardships.’’ for ‘‘The State agency shall
comply with the standards established by the Secretary
for telephone contact by, mail delivery of forms to and
mail return of forms by, and subsequent home or telephone interview with, the elderly, physically or mentally handicapped, and persons otherwise unable, solely
because of transportation difficulties and similar hardships, to appear in person at a certification office or
through a representative pursuant to paragraph (7) of
this subsection, so that such persons may have an adequate opportunity to be certified properly;’’.
Subsec. (e)(3). Pub. L. 100–435, § 323, inserted provisions at end relating to dissemination of statements describing reporting responsibilities and telephone number to call State agency.
Pub. L. 100–435, § 311, inserted cls. (A) to (E).
Subsec. (e)(6)(C). Pub. L. 100–435, § 322(a), substituted
‘‘shall provide’’ for ‘‘shall undertake to provide’’ and
inserted ‘‘so that eligible households are promptly and
accurately certified to receive the allotments for which
they are eligible under this chapter’’ after ‘‘such certification’’.
Subsec. (e)(6)(D). Pub. L. 100–435, § 321(a), added cl.
(D).
Subsec. (e)(6)(E). Pub. L. 100–435, § 322(b), added cl. (E).
Subsec. (i). Pub. L. 100–435, § 352, amended second sentence generally. Prior to amendment, second sentence
read as follows: ‘‘Each State agency shall implement
clauses (1) and (2) and may implement clause (3) or (4),
or both such clauses.’’
Subsec. (p). Pub. L. 100–435, § 320, added subsec. (p).
1987—Subsec. (e)(1)(A). Pub. L. 100–77, § 808(a), inserted
‘‘except, at the option of the State agency, food stamp
informational activities directed at homeless individuals’’ after ‘‘this chapter’’.
Subsec. (e)(9). Pub. L. 100–77, § 809(a), added subpars.
(B) and (C), redesignated former subpar. (B) as (D), and
directed the substitution of ‘‘a household referred to in
subparagraph (A), (B), or (C)’’ for ‘‘the household’’
which was executed by making the substitution for the
first reference to ‘‘the household’’ as the probable intent of Congress.
1985—Subsec. (e)(2). Pub. L. 99–198, § 1529, inserted provision directing the State agency to provide a method
of certifying and issuing coupons to eligible households
that do not reside in permanent dwellings or who do
not have fixed mailing addresses and to take such steps
as are necessary to ensure that participation in the
food stamp program is limited to eligible households.
Pub. L. 99–198, § 1525, inserted requirement that one
adult member of a household that is applying for a coupon allotment certify in writing, under penalty of perjury, the truth of the information contained in the application for the allotment.
Subsec. (e)(3). Pub. L. 99–198, § 1527, struck out ‘‘only’’
after ‘‘verification’’, inserted ‘‘, household size (in any
case such size is questionable,’’, and substituted ‘‘such
other eligibility factors as the State agency determines
are necessary’’ for ‘‘any factors of eligibility involving
households that fall within the State agency’s errorprone household profiles as developed by the State
agency from the error rate reduction system conducted
under section 2025 of this title and as approved by the
Secretary’’.
Subsec. (e)(16). Pub. L. 99–198, § 1528, substituted
‘‘fourth sentence’’ for ‘‘last sentence’’, inserted ‘‘and
would be cost effective’’ after ‘‘integrity’’, and inserted
provision authorizing the State agency to permit a
member of a household to comply with this paragraph
by presenting a photographic identification card used
to receive assistance under a welfare or public assistance program.
Subsec. (e)(22). Pub. L. 99–198, § 1517(b), added par. (22).
Subsec. (e)(23). Pub. L. 99–198, § 1526, added par. (23).
Subsec. (e)(24). Pub. L. 99–198, § 1535(b)(1), added par.
(24).
Subsec. (f). Pub. L. 99–198, § 1530, inserted provisions
directing State agencies to encourage food stamp program participants to participate in the expanded food
and nutrition education program conducted under sec-

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TITLE 7—AGRICULTURE

tion 343(d) of this title and any program established
under sections 3175a through 3175e of this title and, at
the request of personnel of such education program,
allow personnel and information materials of such education program to be placed in food stamp offices.
Subsec. (g). Pub. L. 99–198, § 1537(c), inserted ‘‘the
State plan for automated data processing submitted
pursuant to subsection (o)(2) of this section,’’ and substituted ‘‘sections 2025(a), 2025(c), and 2025(g) of this
title’’ for ‘‘sections 2025(a) and 2025(c) of this title’’.
Subsec. (i). Pub. L. 99–198, § 1531(a), in cl. (2) of first
sentence, inserted ‘‘applicants for or’’ after ‘‘members
are’’ and substituted ‘‘informed of the availability of
benefits under the food stamp program and be assisted
in making a simple application to participate in such
program’’ for ‘‘permitted to apply for participation in
the food stamp program by executing a simple application’’, effective Oct. 1, 1986.
Pub. L. 99–198, § 1507(b), inserted sentence directing
that no household shall have its application to participate in the food stamp program denied nor its benefits
under the food stamp program terminated solely on the
basis that its application to participate has been denied
or its benefits have been terminated under any of the
programs carried out under the statutes specified in
the second sentence of section 2014(a) of this title and
without a separate determination by the State agency
that the household fails to satisfy the eligibility requirements for participation in the food stamp program.
Subsec. (j). Pub. L. 99–198, § 1531(b), amended subsec.
(j) generally, effective Oct. 1, 1986. Prior to amendment,
subsec. (j) read as follows: ‘‘The Secretary, in conjunction with the Secretary of Health and Human Services,
is authorized to prescribe regulations permitting applicants for and recipients of social security benefits to
apply for food stamps at social security offices and be
certified for food stamp eligibility in such offices in
order that the application and certification for food
stamp assistance may be accomplished as efficiently
and conveniently as possible.’’
Subsec. (o). Pub. L. 99–198, § 1537(b), added subsec. (o).
1984—Subsec. (e)(19). Pub. L. 98–369 amended par. (19)
generally. Prior to amendment, par. (19) read as follows: ‘‘that—
‘‘(A) in any case in which information is available
from agencies administering State unemployment
compensation laws under section 303(d) of the Social
Security Act (42 U.S.C. 503(d)), the information shall
be requested and utilized by the State agency to the
extent permitted under such section; or
‘‘(B) in any case in which information is not available from agencies administering State unemployment compensation laws under section 303(d) of the
Social Security Act—
‘‘(i) information available from the Social Security Administration under section 6103(l)(7) of title
26 shall be requested and utilized by the State agency to the extent permitted under such section; or
‘‘(ii) similar information available from other
sources shall be requested and utilized by the State
agency to the extent approved by the Secretary and
permitted by any law controlling access to the information;’’.
1983—Subsec. (e)(19). Pub. L. 98–204 amended par. (19)
generally. Prior to amendment, par. (19) read as follows: ‘‘that information available from the Social Security Administration under the provisions of section
6103(i)(7) of title 26, and information available from
agencies administering State unemployment compensation laws under the provisions of section 303(d) of
the Social Security Act, shall be requested and utilized
by the State agency (described in section 2012(n)(1) of
this title), to the extent permitted under the provisions
of such sections, except that the State agency shall not
be required to request such information from the Social
Security Administration if such information is available from the agency administering the State unemployment compensation laws;’’.
1982—Subsec. (d). Pub. L. 97–253, § 166, inserted provision that the Secretary may not, as a part of the ap-

Page 1322

proval 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.
Subsec. (e)(2). Pub. L. 97–253, § 167(a), struck out
‘‘points and hours of certification, and for’’ after ‘‘Secretary for’’ in last sentence.
Subsec. (e)(3). Pub. L. 97–253, § 180(b)(1), substituted
‘‘section 2025(e) of this title’’ for ‘‘subsections (h) and
(i) of section 2025 of this title’’ and ‘‘error rate reduction system’’ for ‘‘quality control program’’, respectively.
Subsec. (e)(7). Pub. L. 97–253, § 168, substituted ‘‘an’’
for ‘‘any’’ wherever appearing and inserted provision
that the Secretary may restrict the number of households which may be represented by an individual and
otherwise establish criteria and verification standards
for representation under this paragraph.
Subsec. (e)(8). Pub. L. 97–253, § 169, substituted
‘‘, regulations issued pursuant to this chapter, Federal
assistance programs, or federally assisted State programs’’ for ‘‘or the regulations issued pursuant to this
chapter’’.
Subsec. (e)(9). Pub. L. 97–253, § 170, added par. (9).
Former par. (9), which required that the State plan of
operation provide that households in immediate need
because of no income as defined in section 2014(d) and
(e) of this title would receive coupons on an expedited
basis, was struck out.
Subsec. (e)(10). Pub. L. 97–253, § 171, inserted provision
that in any case in which the State agency receives
from the household a written statement containing information that clearly requires a reduction or termination of the household’s benefits, the State agency
may act immediately to reduce or terminate the household’s benefits and may provide notice of its action to
the household as late as the date on which the action
becomes effective.
Subsec. (e)(13). Pub. L. 97–253, §§ 167(b), 190(c)(1), redesignated par. (14) as (13) and struck out former par. (13)
which provided that the State plan of operation provide
for compliance with standards set by the Secretary
with respect to points and hours of coupon issuance.
Subsec. (e)(14) to (21). Pub. L. 97–253, § 190(c)(1), redesignated pars. (14) to (22) as (13) to (21), respectively.
Subsec. (e)(22). Pub. L. 97–253, §§ 172, 190(c)(1), added
par. (22) and redesignated it as par. (21).
Subsec. (i). Pub. L. 97–253, §§ 173, 189(b)(2)(A), inserted
provision requiring each State agency to implement
pars. (1) and (2), and permitting each such agency to
implement either par. (3) or (4), or both, and substituted reference to the Secretary of Health and
Human Services for former reference to the Secretary
of Health, Education, and Welfare.
Subsec. (j). Pub. L. 97–253, § 189(b)(2)(B), substituted
reference to the Secretary of Health and Human Services for former reference to the Secretary of Health,
Education, and Welfare.
Subsec. (n). Pub. L. 97–253, § 174, added subsec. (n).
1981—Subsec. (b). Pub. L. 97–98, § 1316, struck out subsec. (b) which provided that certification of a household
as eligible in any political subdivision, in the event of
removal of such household to another political subdivision in which the food stamp program is operating, remains valid for participation in the food stamp program for a period of sixty days from the date of such
removal.
Subsec. (e)(1). Pub. L. 97–35 added cl. (A) and redesignated cl. (C) as (B). Former cls. (A) and (B), relating to
informing low-income households about the program,
and conducting other outreach activities, respectively,
were struck out.
Subsec. (e)(2). Pub. L. 97–98, § 1317, inserted provision
that the application contain in understandable terms

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TITLE 7—AGRICULTURE

and in prominent and boldface lettering a statement
that the information provided by the applicant is subject to verification and if incorrect the applicant may
be subject to denial of food stamps and criminal prosecution.
Subsec. (e)(4). Pub. L. 97–98, § 1318, substituted ‘‘prior
to’’ for ‘‘immediately prior to or at’’ and ‘‘advising the
household’’ for ‘‘advising it’’.
Subsec. (e)(8). Pub. L. 97–98, § 1319, inserted provision
that such safeguards not prevent the use or disclosure
of such information to the Comptroller General of the
United States for audit and examination authorized by
any other provision of law and that, notwithstanding
any other provision of law, all information obtained
under this chapter from an applicant household be
available to local, State, or Federal law enforcement
officials for the purpose of investigating an alleged violation of this chapter or any regulation issued under
this chapter.
Subsec. (e)(11). Pub. L. 97–98, § 1320(a), inserted provision that allotments not be restored for any period of
time more than one year prior to the date the State
agency receives a request for such restoration from a
household or the State agency is notified or otherwise
discovers that a loss to a household has occurred.
Subsec. (e)(20), (21). Pub. L. 97–98, § 1321, added pars.
(20) and (21).
Subsec. (f). Pub. L. 97–98, § 1322, substituted ‘‘is authorized to extend food and nutrition education to
reach food stamp participants, using methods and techniques developed in the expanded food and nutrition
education and other programs’’ for ‘‘shall extend the
expanded food and nutrition education program to the
greatest extent possible to reach food stamp program
participants’’ and struck out provision that the program be supplemented by the development of single
concept printed materials, specifically designed for persons with low reading and comprehension levels, on
how to buy and prepare more nutritious and economical meals and on the relationship between food and
good health.
Subsec. (m). Pub. L. 97–98, § 1323, added subsec. (m).
1980—Subsec. (e)(3). Pub. L. 96–249, § 116, inserted ‘‘(in
part through the use of the information, if any, obtained under subsections (h) and (i) of section 2025 of
this title)’’ after ‘‘section 2014(d) of this title’’ and ‘‘although the State agency may verify prior to certification, whether questionable or not, the size of any applicant household and any factors of eligibility involving households that fall within the State agency’s
error-prone household profiles as developed by the
State agency from the quality control program conducted under section 2025 of this title and as approved
by the Secretary’’ after ‘‘sections 2014 and 2015 of this
title,’’.
Subsec. (e)(4). Pub. L. 96–249, § 113, inserted proviso
that the timeliness standards for submitting the notice
of expiration and filing an application for recertification may be modified by the Secretary in light of
sections 2014(f)(2) and 2015(c) of this title if administratively necessary.
Subsec. (e)(17) to (19). Pub. L. 96–249, §§ 117–119, added
pars. (17) to (19).
Subsec. (g). Pub. L. 96–249, § 120, inserted ‘‘, upon information received by the Secretary, investigation initiated by the Secretary, or investigation that the Secretary shall initiate upon receiving sufficient information evidencing a pattern of lack of compliance by a
State agency of a type specified in this subsection,’’
after ‘‘the Secretary determines’’, ‘‘without good
cause’’ after ‘‘to comply’’, ‘‘or the Secretary’s standards for the efficient and effective administration of
the program established under section 2025(b)(1) of this
title’’ after ‘‘subsection (d) of this section,’’, and ‘‘, and
whether or not the Secretary refers such matter to the
Attorney General, the Secretary shall proceed to withhold from the State such funds authorized under sections 2025(a) and (c) of this title as the Secretary determines to be appropriate, subject to administrative and
judicial review under section 2023 of this title’’ after
‘‘relief shall issue’’.

§ 2020

Subsec. (i)(2). Pub. L. 96–249, § 122, substituted ‘‘simple
application’’ for ‘‘simplified affidavit’’.
Subsec. (l). Pub. L. 96–249, § 123, added subsec. (l).
1977—Pub. L. 95–113 substituted revised provisions relating to the administration of the program for provisions relating to the disqualification of retail stores
and wholesale concerns which are now covered by section 2021 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–296 effective Oct. 1, 2010,
except as otherwise specifically provided, see section
445 of Pub. L. 111–296, set out as a note under section
1751 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(6), 4106,
4111(b), 4115(b)(8), 4116–4120, and 4406(a)(2) of Pub. L.
110–246 effective Oct. 1, 2008, see section 4407 of Pub. L.
110–246, set out as a note under section 1161 of Title 2,
The Congress.
Amendment by section 7511(c)(5) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246,
set out as a note under section 1522 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–265 effective July 1, 2005,
see section 502(b)(4) of Pub. L. 108–265, set out as an Effective Date note under section 1754 of Title 42, The
Public Health and Welfare.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4114(b), May 13, 2002, 116
Stat. 314, provided that: ‘‘The amendments made by
this section [amending this section] take effect 18
months after the date of enactment of this Act [May 13,
2002].’’
Amendment by sections 4115(a) and 4116(a) of Pub. L.
107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an
Effective Date note under section 1161 of Title 2, The
Congress.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–379, § 1(c), Nov. 12, 1998, 112 Stat. 3399, provided that: ‘‘This section [amending this section and
enacting provisions set out as a note below] and the
amendments made by this section take effect on June
1, 2000.’’
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–33, title I, § 1003(a)(3), Aug. 5, 1997, 111
Stat. 255, provided that:
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the amendments made by this subsection
[amending this section] shall take effect on the date
that is 1 year after the date of enactment of this Act
[Aug. 5, 1997].
‘‘(B) EXTENSION.—The Secretary of Agriculture may
grant a State an extension of time to comply with the
amendments made by this subsection, not to exceed beyond the date that is 2 years after the date of enactment of this Act, if the chief executive officer of the
State submits a request for the extension to the Secretary—
‘‘(i) stating the reasons why the State is not able to
comply with the amendments made by this subsection by the date that is 1 year after the date of enactment of this Act;
‘‘(ii) providing evidence that the State is making a
good faith effort to comply with the amendments
made by this subsection as soon as practicable; and

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TITLE 7—AGRICULTURE

‘‘(iii) detailing a plan to bring the State into compliance with the amendments made by this subsection as soon as practicable but not later than the
date of the requested extension.’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993, see section
13971(a) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 1736(1), 1737, 1738, 1740, and
1741 of Pub. L. 101–624 effective and implemented first
day of month beginning 120 days after publication of
implementing regulations to be promulgated not later
than Oct. 1, 1991, amendment by section 1736(2) of Pub.
L. 101–624 effective and implemented first day of month
beginning 120 days after promulgation of implementing
regulations to be promulgated not later than Apr. 1,
1991, and amendment by sections 1739 and 1763(b) of
Pub. L. 101–624 effective Nov. 28, 1990, see section
1781(a), (b)(2), (3) of Pub. L. 101–624, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 to be effective and implemented on July 1, 1989, except that amendment by
sections 204(a), 310, 311, 321(a), 322, 323, and 352 of Pub.
L. 100–435 to become effective and implemented on Oct.
1, 1989, if final order is issued under section 902(b) of
Title 2, The Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under section 901(a)(3)(A) of Title 2, see section
701(b)(4), (c)(2) of Pub. L. 100–435, set out as a note under
section 2012 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–77, title VIII, § 809(b), July 22, 1987, 101
Stat. 536, provided that: ‘‘The amendments made by
this section [amending this section] shall become effective and be implemented as soon as the Secretary of
Agriculture determines is practicable after the date of
enactment of this Act [July 22, 1987], but not later than
160 days after the date of enactment of this Act.’’
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–198, title XV, § 1531(a), (b), Dec. 23, 1985, 99
Stat. 1582, provided that the amendments made by section 1531(a), (b) are effective Oct. 1, 1986.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Apr. 1, 1985,
unless a waiver has been granted to a State to delay effective date but in no event beyond Sept. 30, 1986, see
section 2651(l)(2) of Pub. L. 98–369, set out as a note
under section 1320b–7 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendments by sections 166 to 174, 189(b)(2), and
190(c)(1) of Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title.
Amendment by section 180(b)(1) of Pub. L. 97–253 effective Oct. 1, 1982, see section 193(b) of Pub. L. 97–253,
set out as a note under section 2012 of this title.

Page 1324

EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by Pub. L. 97–35 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
Amendment by Pub. L. 97–35 effective and implemented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
REGULATIONS
Pub. L. 113–79, title IV, § 4016(b), Feb. 7, 2014, 128 Stat.
795, provided that:
‘‘(1) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [Feb. 7, 2014], the Secretary [of Agriculture] shall issue a proposed rule to
carry out the amendments made by this section
[amending this section].
‘‘(2) REQUIREMENTS.—The rule shall—
‘‘(A) identify federally required data exchanges;
‘‘(B) include specification and timing of exchanges
to be standardized;
‘‘(C) address the factors used in determining whether and when to standardize data exchanges;
‘‘(D) specify State implementation options; and
‘‘(E) describe future milestones.’’
Secretary of Agriculture to promulgate regulations
necessary to implement amendment of this section by
Pub. L. 105–33, not later than one year after Aug. 5,
1997, see § 1005(a) of Pub. L. 105–33 set out as a note
under section 2015 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of Title
8, Aliens and Nationality.
AVAILABILITY OF INFORMATION UNDER THE FOOD AND
NUTRITION ACT OF 2008
Pub. L. 114–92, div. A, title VI, § 605, Nov. 25, 2015, 129
Stat. 837, provided that: ‘‘In administering the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), the Secretary of Agriculture shall ensure that
any safeguards that prevent the use or disclosure of information obtained from applicant households shall not
prevent the use of that information by, or the disclosure of that information to, the Secretary of Defense
for purposes of determining the number of applicant
households that contain one or more members of a regular component or reserve component of the Armed
Forces.’’
REPORT
Pub. L. 105–379, § 1(b), Nov. 12, 1998, 112 Stat. 3399, as
amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B),
(2)(PP), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246,

Page 1325

TITLE 7—AGRICULTURE

§ 4(a), title IV, § 4002(b)(1)(B), (2)(PP), June 18, 2008, 122
Stat. 1664, 1857, 1859, provided that: ‘‘Not later than
September 1, 2000, the Secretary of Agriculture shall
submit a report regarding the progress and effectiveness of the cooperative arrangements entered into by
State agencies under section 11(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(r)) (as added by subsection (a)) to—
‘‘(1) the Committee on Agriculture of the House of
Representatives;
‘‘(2) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
‘‘(3) the Committee on Ways and Means of the
House of Representatives;
‘‘(4) the Committee on Finance of the Senate; and
‘‘(5) the Secretary of the Treasury.’’
AUDIT OF SIMPLIFIED FOOD STAMP APPLICATION AT
SOCIAL SECURITY ADMINISTRATION OFFICES
Pub. L. 101–624, title XVII, § 1742, Nov. 28, 1990, 104
Stat. 3795, directed Comptroller General to conduct an
audit of programs established under 7 U.S.C. 2020(i) and
(j) under which an applicant for or recipient of social
security benefits may make or be provided a simple application to participate in the food stamp program at
social security offices, and, not later than Dec. 31, 1991,
deliver a report on results of study to Committee on
Agriculture of House of Representatives, Committee on
Agriculture, Nutrition, and Forestry of Senate, and
Special Committee on Aging of Senate.
Executive Documents
EX. ORD. NO. 12116. ISSUANCE OF FOOD STAMPS BY
POSTAL SERVICE
Ex. Ord. No. 12116, Jan. 19, 1979, 44 F.R. 4647, provided:
By the authority vested in me as President of the
United States of America by Section 11(k) of the Food
Stamp Act of 1977 [now the Food and Nutrition Act of
2008] (91 Stat. 974; 7 U.S.C. 2020(k)), the United States
Postal Service is hereby granted approval for post offices in all or part of any State to issue food stamps to
eligible households, upon request by the appropriate
State agency, as defined in Section 3(n) of the Food
Stamp Act of 1977 (91 Stat. 960; 7 U.S.C. 2012(n)).
JIMMY CARTER.

§ 2021. Civil penalties and disqualification of retail food stores and wholesale food concerns
(a) Disqualification
(1) In general
An approved retail food store or wholesale
food concern that violates a provision of this
chapter or a regulation under this chapter
may be—
(A) disqualified for a specified period of
time from further participation in the supplemental nutrition assistance program;
(B) assessed a civil penalty of up to $100,000
for each violation; or
(C) both.
(2) Regulations
Regulations promulgated under this chapter
shall provide criteria for the finding of a violation of, the suspension or disqualification of
and the assessment of a civil penalty against
a retail food store or wholesale food concern
on the basis of evidence that may include facts
established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an
electronic benefit transfer system.
(b) Period of disqualification
Subject to subsection (c), a disqualification
under subsection (a) shall be—

§ 2021

(1) for a reasonable period of time, not to exceed 5 years, upon the first occasion of disqualification;
(2) for a reasonable period of time, not to exceed 10 years, upon the second occasion of disqualification;
(3) 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 or a finding
of the unauthorized redemption, use, transfer, acquisition, alteration, or possession of
EBT cards, except that the Secretary shall
have the discretion to impose a civil penalty
of up to $20,000 for each violation (except
that the amount of civil 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 chapter or the regulations issued pursuant to this chapter, 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 chapter
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) for coupons, except that the Secretary shall have
the discretion to impose a civil penalty of up
to $20,000 for each violation (except that the
amount of civil 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, approved, 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 chapter; 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.

§ 2021

TITLE 7—AGRICULTURE

(c) Civil penalty and review of disqualification
and penalty determinations
(1) Civil penalty
In addition to a disqualification under this
section, the Secretary may assess a civil penalty in an amount not to exceed $100,000 for
each violation.
(2) Review
The action of disqualification or the imposition of a civil penalty shall be subject to review as provided in section 2023 of this title.
(d) Conditions of authorization
(1) In general
As a condition of authorization to accept
and redeem benefits, the Secretary may require a retail food store or wholesale food concern that, pursuant to subsection (a), has been
disqualified for more than 180 days, or has
been subjected to a civil penalty in lieu of a
disqualification period of more than 180 days,
to furnish a collateral bond or irrevocable letter of credit for a period of not more than 5
years to cover the value of benefits that the
store or concern may in the future accept and
redeem in violation of this chapter.
(2) Collateral
The Secretary also may require a retail food
store or wholesale food concern that has been
sanctioned for a violation and incurs a subsequent sanction regardless of the length of the
disqualification period to submit a collateral
bond or irrevocable letter of credit.
(3) Bond requirements
The Secretary shall, by regulation, prescribe
the amount, terms, and conditions of such
bond.
(4) Forfeiture
If the Secretary finds that such store or concern has accepted and redeemed coupons in
violation of this chapter 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 chapter.
(5) Hearing
A store or concern described in paragraph (4)
may obtain a hearing on such forfeiture pursuant to section 2023 of this title.
(e) Transfer of ownership; penalty in lieu of disqualification period; fines for acceptance of
loose coupons; judicial action to recover penalty or fine
(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 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 dis-

Page 1326

qualified permanently, the civil 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 penalty under this subsection.
(2) At any time after a civil penalty imposed
under paragraph (1) has become final under the
provisions of section 2023(a) of this title, 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 regulations issued
under this chapter. 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 chapter 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) Fines for unauthorized acceptance
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 chapter or a regulation issued
under this chapter, 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
chapter 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 WIC program
(1) In general
The Secretary shall issue regulations providing criteria for the disqualification under
this chapter 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
1786 of title 42.
(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);

Page 1327

TITLE 7—AGRICULTURE

(B) may begin at a later date than the disqualification from the program referred to
in paragraph (1); and
(C) notwithstanding section 2023 of this
title, shall not be subject to judicial or administrative review.
(h) Flagrant violations
(1) In general
The Secretary, in consultation with the Inspector General of the Department of Agriculture, shall establish procedures under
which the processing of program benefit redemptions for a retail food store or wholesale
food concern may be immediately suspended
pending administrative action to disqualify
the retail food store or wholesale food concern.
(2) Requirements
Under the procedures described in paragraph
(1), if the Secretary, in consultation with the
Inspector General, determines that a retail
food store or wholesale food concern is engaged in flagrant violations of this chapter
(including regulations promulgated under this
chapter), unsettled program benefits that have
been redeemed by the retail food store or
wholesale food concern—
(A) may be suspended; and
(B)(i) if the program disqualification is
upheld, may be subject to forfeiture pursuant to section 2024(g) of this title; or
(ii) if the program disqualification is not
upheld, shall be released to the retail food
store or wholesale food concern.
(3) No liability for interest
The Secretary shall not be liable for the
value of any interest on funds suspended under
this subsection.
(i) Pilot projects to improve Federal-State cooperation in identifying and reducing fraud
in the supplemental nutrition assistance program
(1) Pilot projects required
(A) In general
The Secretary shall carry out, under such
terms and conditions as are determined by
the Secretary, pilot projects to test innovative Federal-State partnerships to identify,
investigate, and reduce fraud by retail food
stores and wholesale food concerns in the
supplemental nutrition assistance program,
including allowing States to operate programs to investigate that fraud.
(B) Requirement
At least 1 pilot project described in subparagraph (A) shall be carried out in an
urban area that is among the 10 largest
urban areas in the United States (based on
population), if—
(i) the supplemental nutrition assistance
program is separately administered in the
area; and
(ii) if the administration of the supplemental nutrition assistance program in
the area complies with the other applicable requirements of the program.

§ 2021

(2) Selection criteria
Pilot projects shall be selected based on criteria the Secretary establishes, which shall include—
(A) enhancing existing efforts by the Secretary to reduce fraud described in paragraph (1)(A);
(B) requiring participant States to maintain the overall level of effort of the States
at addressing recipient fraud, as determined
by the Secretary, prior to participation in
the pilot project;
(C) collaborating with other law enforcement authorities as necessary to carry out
an effective pilot project;
(D) commitment of the participant State
agency to follow Federal rules and procedures with respect to investigations described in paragraph (1)(A); and
(E) the extent to which a State has committed resources to recipient fraud and the
relative success of those efforts.
(3) Evaluation
(A) In general
The Secretary shall evaluate the pilot
projects selected under this subsection to
measure the impact of the pilot projects.
(B) Requirements
The evaluation shall include—
(i) the impact of each pilot project on increasing the capacity of the Secretary to
address fraud described in paragraph
(1)(A);
(ii) the effectiveness of the pilot projects
in identifying, preventing and reducing
fraud described in paragraph (1)(A); and
(iii) the cost effectiveness of the pilot
projects.
(4) Report to Congress
Not later than September 30, 2017, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report that includes
a description of the results of each pilot
project, including—
(A) an evaluation of the impact of the
pilot project on fraud described in paragraph
(1)(A); and
(B) the costs associated with the pilot
project.
(5) Funding
Any costs incurred by a State to operate
pilot projects under this subsection that are in
excess of the amount expended under this
chapter to identify, investigate, and reduce
fraud described in paragraph (1)(A) in the respective State in the previous fiscal year shall
not be eligible for Federal reimbursement
under this chapter.
(Pub. L. 88–525, § 12, Aug. 31, 1964, 78 Stat. 707;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 974; Pub. L. 97–253, title I, §§ 175, 176(a),
Sept. 8, 1982, 96 Stat. 781; Pub. L. 99–198, title
XV, § 1532(a), Dec. 23, 1985, 99 Stat. 1582; Pub. L.
100–435, title III, § 344, Sept. 19, 1988, 102 Stat.
1664; Pub. L. 101–624, title XVII, §§ 1743–1745, Nov.

§ 2021

TITLE 7—AGRICULTURE

28, 1990, 104 Stat. 3795, 3796; Pub. L. 103–66, title
XIII, §§ 13943, 13944, Aug. 10, 1993, 107 Stat. 677;
Pub. L. 104–127, title IV, § 401(a), Apr. 4, 1996, 110
Stat. 1026; Pub. L. 104–193, title VIII, §§ 841–843,
Aug. 22, 1996, 110 Stat. 2331, 2332; Pub. L. 110–234,
title IV, § 4132, May 22, 2008, 122 Stat. 1114; Pub.
L. 110–246, § 4(a), title IV, § 4132, June 18, 2008, 122
Stat. 1664, 1875; Pub. L. 113–79, title IV, §§ 4017,
4030(g), Feb. 7, 2014, 128 Stat. 796, 814.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2014—Subsec. (b)(3)(C). Pub. L. 113–79, § 4030(g)(1), substituted ‘‘civil penalties’’ for ‘‘civil money penalties’’.
Subsec. (g)(1). Pub. L. 113–79, § 4030(g)(2), made technical amendment to reference in original act which appears in text as reference to section 1786 of title 42.
Subsec. (i). Pub. L. 113–79, § 4017, added subsec. (i).
2008—Pub. L. 110–246, § 4132(1), substituted ‘‘Civil penalties’’ for ‘‘Civil money penalties’’ in section catchline.
Subsec. (a). Pub. L. 110–246, § 4132(1), added subsec. (a)
and struck out former subsec. (a) which read as follows:
‘‘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 chapter or the regulations issued
pursuant to this chapter. Regulations issued pursuant
to this chapter shall provide criteria for the finding of
a violation and the suspension or disqualification of a
retail food store or wholesale food concern on the basis
of evidence that may include facts established through
on-site investigations, inconsistent redemption data, or
evidence obtained through a transaction report under
an electronic benefit transfer system.’’
Subsec. (b). Pub. L. 110–246, § 4132(2)(A), inserted heading and substituted ‘‘Subject to subsection (c), a disqualification’’ for ‘‘Disqualification’’ in introductory
provisions.
Subsec. (b)(1). Pub. L. 110–246, § 4132(2)(B), substituted
‘‘not to exceed 5 years’’ for ‘‘of no less than six months
nor more than five years’’.
Subsec. (b)(2). Pub. L. 110–246, § 4132(2)(C), substituted
‘‘not to exceed 10 years’’ for ‘‘of no less than twelve
months nor more than ten years’’.
Subsec. (b)(3)(B). Pub. L. 110–246, § 4132(2)(D), (E), in
introductory provisions, inserted ‘‘or a finding of the
unauthorized redemption, use, transfer, acquisition, alteration, or possession of EBT cards’’ after ‘‘wholesale
food concern’’ and substituted ‘‘civil penalty’’ for ‘‘civil
money penalty’’ and ‘‘civil penalties’’ for ‘‘civil money
penalties’’.
Subsec. (b)(3)(C). Pub. L. 110–246, § 4132(2)(E), substituted ‘‘civil penalty’’ for ‘‘civil money penalty’’.
Subsec. (c). Pub. L. 110–246, § 4132(3), inserted subsec.
heading, added par. (1), designated existing provisions
as par. (2), inserted par. heading, and substituted ‘‘civil
penalty’’ for ‘‘civil money penalty’’ in text.
Subsec. (d). Pub. L. 110–246, § 4132(4), inserted subsec.
heading, added pars. (1) and (2), designated part of existing provisions as pars. (3) to (5), inserted par. headings, in par. (5), substituted ‘‘A store or concern described in paragraph (4)’’ for ‘‘Such store or concern’’,
and struck out after subsec. designation ‘‘As a condition of authorization to accept and redeem coupons,
the Secretary may require a retail food store or whole-

Page 1328

sale food concern which has been disqualified or subjected to a civil penalty pursuant to subsection (a) of
this section 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 chapter.’’
Subsec. (e). Pub. L. 110–246, § 4132(5), substituted
‘‘civil penalty’’ for ‘‘civil money penalty’’ wherever appearing.
Subsec. (h). Pub. L. 110–246, § 4132(6), added subsec. (h).
1996—Subsec. (a). Pub. L. 104–193, § 841, inserted at end
‘‘Regulations issued pursuant to this chapter shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or
wholesale food concern on the basis of evidence that
may include facts established through on-site investigations, inconsistent redemption data, or evidence
obtained through a transaction report under an electronic benefit transfer system.’’
Subsec. (b)(3)(B). Pub. L. 104–127, § 401(a), struck out
‘‘(including evidence that neither the ownership nor
management of the store or food concern was aware of,
approved, benefited from, or was involved in the
conduct or approval of the violation)’’ after ‘‘substantial evidence’’ and substituted ‘‘, including evidence
that—’’ and cls. (i) and (ii) for ‘‘; or’’.
Subsec. (b)(4). Pub. L. 104–193, § 842, added par. (4).
Subsec. (g). Pub. L. 104–193, § 843, added subsec. (g).
1993—Subsec. (b)(3)(B). Pub. L. 103–66, § 13943, substituted ‘‘for violations occurring during a single investigation’’ for ‘‘during a 2-year period’’.
Subsec. (b)(3)(C). Pub. L. 103–66, § 13944, substituted
‘‘substance (as’’ for ‘‘substances (as the term is’’ and
‘‘for violations occurring during a single investigation’’
for ‘‘during a 2-year period’’.
1990—Subsec. (b)(3). Pub. L. 101–624, § 1743, in subpar.
(A) struck out ‘‘or’’ after ‘‘disqualification;’’, in subpar.
(B) inserted ‘‘for each violation (except that the
amount of civil money penalties imposed during a 2year period may not exceed $40,000)’’ after ‘‘$20,000’’ and
‘‘(including evidence that neither the ownership nor
management of the store or food concern was aware of,
approved, benefited from, or was involved in the conduct or approval of the violation)’’ after ‘‘evidence’’,
and substituted ‘‘; or’’ for period at end, and added subpar. (C).
Subsec. (e)(3). Pub. L. 101–624, § 1744, added par. (3).
Subsec. (f). Pub. L. 101–624, § 1745, added subsec. (f).
1988—Subsec. (b)(3). Pub. L. 100–435 amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
‘‘permanent upon the third occasion of disqualification
or the first 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.’’
1985—Subsec. (e). Pub. L. 99–198 added subsec. (e).
1982—Subsec. (a). Pub. L. 97–253, § 175(1)–(3), redesignated first sentence as subsec. (a), substituted ‘‘$10,000’’
for ‘‘$5,000’’, and struck out second sentence relating to
disqualification.
Subsec. (b). Pub. L. 97–253, § 175(3), added subsec. (b)
relating to disqualification.
Subsec. (c). Pub. L. 97–253, § 175(4), redesignated last
sentence as subsec. (c).
Subsec. (d). Pub. L. 97–253, § 176(a), added subsec. (d).
1977—Pub. L. 95–113 substituted revised provisions
covering civil money penalties and disqualification of
retail food stores and wholesale food concerns for provisions relating to the determination and disposition of
claims which are now covered by section 2022 of this
title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
References to a ‘‘coupon’’, ‘‘authorization card’’, or
other access device provided under the Food and Nutrition Act of 2008 considered to refer to a ‘‘benefit’’ under
that Act, see section 4115(d) of Pub. L. 110–246, set out
as a note under section 2012 of this title.

Page 1329

TITLE 7—AGRICULTURE

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4132 of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set
out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993, see section
13971(a) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated
not later than Oct. 1, 1991, see section 1781(a) of Pub. L.
101–624, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L.
100–435, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.

§ 2022. Disposition of claims
(a) General authority of the Secretary
(1) Determination of claims
Except in the case of an at-risk amount required under section 2025(c)(1)(D)(i)(II) of this
title, 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 chapter or the regulations issued pursuant to this chapter, 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 chapter.
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 2025 of this title to
collect unpaid claims assessed against the
State agency if the State agency has declined
or exhausted its appeal rights under section
2023 of this title.
(2) Claims established under quality control
system
To the extent that a State agency does not
pay a claim established under section 2025(c)(1)
of this title, including an agreement to have
all or part of the claim paid through a reduction in Federal administrative funding, within

§ 2022

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
2025(c)(7) of this title. 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 benefits.
(b) Collection of overissuances
(1) In general
Except as otherwise provided in this subsection, a State agency shall collect any
overissuance of benefits 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
benefits without any member of the household
being found ineligible to participate in the
program under section 2015(b)(1) of this title
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—

§ 2022

TITLE 7—AGRICULTURE

(A) 10 percent of the monthly allotment of
the household; or
(B) $10.
(4) Procedures
A State agency shall collect an overissuance
of benefits issued to a household under paragraph (1) in accordance with the requirements
established by the State agency for providing
notice, electing a means of payment, and establishing a time schedule for payment.
(5) Overissuances caused by systemic State errors
(A) In general
If the Secretary determines that a State
agency overissued benefits to a substantial
number of households in a fiscal year as a
result of a major systemic error by the State
agency, as defined by the Secretary, the Secretary may prohibit the State agency from
collecting these overissuances from some or
all households.
(B) Procedures
(i) Information reporting by States
Every State agency shall provide to the
Secretary all information requested by the
Secretary concerning the issuance of benefits to households by the State agency in
the applicable fiscal year.
(ii) Final determination
After reviewing relevant information
provided by a State agency, the Secretary
shall make a final determination—
(I)
whether
the
State
agency
overissued benefits to a substantial number of households as a result of a systemic error in the applicable fiscal year;
and
(II) as to the amount of the
overissuance in the applicable fiscal year
for which the State agency is liable.
(iii) Establishing a claim
Upon determining under clause (ii) that
a State agency has overissued benefits to
households due to a major systemic error
determined under subparagraph (A), the
Secretary shall establish a claim against
the State agency equal to the value of the
overissuance caused by the systemic error.
(iv) Administrative and judicial review
Administrative and judicial review, as
provided in section 2023 of this title, shall
apply to the final determinations by the
Secretary under clause (ii).
(v) Remission to the Secretary
(I) Determination not appealed
If the determination of the Secretary
under clause (ii) is not appealed, the
State agency shall, as soon as practicable, remit to the Secretary the dollar
amount specified in the claim under
clause (iii).
(II) Determination appealed
If the determination of the Secretary
under clause (ii) is appealed, upon completion of administrative and judicial re-

Page 1330

view under clause (iv), and a finding of
liability on the part of the State, the appealing State agency shall, as soon as
practicable, remit to the Secretary a
dollar amount subject to the finding
made in the administrative and judicial
review.
(vi) Alternative method of collection
(I) In general
If a State agency fails to make a payment under clause (v) within a reasonable period of time, as determined by the
Secretary, the Secretary may reduce any
amount due to the State agency under
any other provision of this chapter by
the amount due.
(II) Accrual of interest
During the period of time determined
by the Secretary to be reasonable under
subclause (I), interest in the amount
owed shall not accrue.
(vii) Limitation
Any liability amount established under
section 2025(c)(1)(C) of this title shall be
reduced by the amount of the claim established under this subparagraph.
(c) Intercept of unemployment benefits
(1) As used in this subsection, the term ‘‘uncollected overissuance’’ means the amount of an
overissuance of benefits, 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 49b(b) of title 29, 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) Recovery of overissuance of benefits
The amount of an overissuance of benefits, 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 or a Federal income tax refund as authorized by section 3720A of title 31.
(Pub. L. 88–525, § 13, Aug. 31, 1964, 78 Stat. 707;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91

Page 1331

TITLE 7—AGRICULTURE

Stat. 974; Pub. L. 97–35, title I, § 113, Aug. 13, 1981,
95 Stat. 363; Pub. L. 97–253, title I, §§ 177, 178,
Sept. 8, 1982, 96 Stat. 781, 782; Pub. L. 99–198, title
XV, §§ 1533–1535(a), Dec. 23, 1985, 99 Stat. 1583;
Pub. L. 100–435, title VI, §§ 601, 602, Sept. 19, 1988,
102 Stat. 1674; Pub. L. 101–624, title XVII, § 1746,
Nov. 28, 1990, 104 Stat. 3796; Pub. L. 102–237, title
IX, § 911, Dec. 13, 1991, 105 Stat. 1887; Pub. L.
103–66, title XIII, §§ 13941(b), 13951(a), Aug. 10,
1993, 107 Stat. 676, 677; Pub. L. 104–193, title VIII,
§ 844(a), Aug. 22, 1996, 110 Stat. 2332; Pub. L.
107–171, title IV, § 4118(b), May 13, 2002, 116 Stat.
321; Pub. L. 110–234, title IV, §§ 4115(b)(9), 4133,
May 22, 2008, 122 Stat. 1107, 1116; Pub. L. 110–246,
§ 4(a), title IV, §§ 4115(b)(9), 4133, June 18, 2008, 122
Stat. 1664, 1869, 1877; Pub. L. 113–79, title IV,
§ 4020(b)(1), Feb. 7, 2014, 128 Stat. 798.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–79 substituted ‘‘section 2025(c)(1)(D)(i)(II) of this title’’ for ‘‘section
2025(c)(1)(D)(i)(III) of this title’’.
2008—Pub. L. 110–246, § 4115(b)(9), substituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
Subsec. (b)(5). Pub. L. 110–246, § 4133, added par. (5).
2002—Subsec. (a). Pub. L. 107–171, inserted subsec. (a)
heading, redesignated par. (2) as (4) and inserted heading, designated existing provisions of par. (1) as pars.
(1) to (3) and inserted headings, in par. (1) substituted
‘‘Except in the case of an at-risk amount required
under section 2025(c)(1)(D)(i)(III) of this title, the Secretary’’ for ‘‘The Secretary’’ and struck out ‘‘In determining whether to settle, adjust, compromise, or waive
a claim arising against a State agency pursuant to section 2025(c) of this title, the Secretary shall review a
State agency’s plans for new dollar investment in activities to improve program administration in order to
reduce payment error, and shall take the State agency’s plans for new dollar investment in such activities
into consideration as the Secretary considers appropriate.’’ after ‘‘section 2023 of this title.’’, and in par.
(2) substituted ‘‘claim established under section
2025(c)(1) of this title’’ for ‘‘claim established under section 2025(c)(1)(C) of this title’’.
1996—Subsec. (b). Pub. L. 104–193, § 844(a)(1), added
subsec. (b) and struck out former subsec. (b) which provided for reduction of allotment for households with ineligible individuals and collection by State agencies of
claims against households arising from overissuance of
coupons.
Subsec. (d). Pub. L. 104–193, § 844(a)(2), substituted
‘‘, as determined under subsection (b)(1),’’ for ‘‘as determined under subsection (b) and except for claims
arising from an error of the State agency,’’ and inserted before period at end ‘‘or a Federal income tax refund as authorized by section 3720A of title 31’’.
1993—Subsec. (a)(1). Pub. L. 103–66, § 13951(a), in fifth
sentence, struck out ‘‘(after a determination on any request for a waiver for good cause related to the claim
has been made by the Secretary)’’ after ‘‘30 days from
the date on which the bill for collection’’ and in sixth
sentence substituted ‘‘1 year’’ for ‘‘2 years’’.
Subsec. (d). Pub. L. 103–66, § 13941(b), added subsec. (d).
1991—Subsec. (b)(2)(A). Pub. L. 102–237 inserted before
period at end of first sentence ‘‘, except that the household shall be given notice permitting it to elect another means of repayment and given 10 days to make
such an election before the State agency commences
action to reduce the household’s monthly allotment’’.

§ 2022

1990—Subsec. (b)(1)(A). Pub. L. 101–624 substituted ‘‘on
the date of receipt (or, if the date of receipt is not a
business day, on the next business day)’’ for ‘‘within
thirty days’’.
1988—Subsec. (a)(1). Pub. L. 100–435, § 601, inserted provisions relating to review of State agency’s plans for
program investment to reduce payment error when
Secretary determines whether to settle, etc., claims
under section 2025(c) of this title.
Pub. L. 100–435, § 602, inserted provisions relating to
failure of State agency to pay a claim under section
2025(c)(1)(C) of this title and interest with respect to
unpaid portion of such claims.
1985—Subsec. (a). Pub. L. 99–198, § 1533, designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1)(B). Pub. L. 99–198, § 1534, substituted
‘‘shall’’ for ‘‘may’’ and inserted ‘‘, unless the State
agency demonstrates to the satisfaction of the Secretary that such other means are not cost effective’’.
Subsec. (c). Pub. L. 99–198, § 1535(a), added subsec. (c).
1982—Subsec. (b)(1). Pub. L. 97–253, §§ 177(a), 178, redesignated existing provisions, which were formerly undesignated, as subpar. (A), inserted ‘‘within thirty days
of a demand for an election’’ after ‘‘make an election’’,
and added subpar. (B).
Subsec. (b)(2). Pub. L. 97–253, § 177(b), redesignated existing provisions, which had been undesignated, as subpar. (A) and added subpar. (B).
1981—Pub. L. 97–35 designated existing provisions as
subsec. (a), inserted provisions relating to power to
waive claims, and the power to otherwise reduce
amounts, and added subsec. (b).
1977—Pub. L. 95–113 substituted revised provisions relating to the determination and disposition of claims
for provisions relating to administrative and judicial
review which are now covered by section 2023 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4115(b)(9) and 4133 of Pub. L.
110–246 effective Oct. 1, 2008, see section 4407 of Pub. L.
110–246, set out as a note under section 1161 of Title 2,
The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4118(e), May 13, 2002, 116
Stat. 321, provided that: ‘‘The amendments made by
this section [amending this section and sections 2025,
2027, and 2031 of this title] 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.’’
Amendment by Pub. L. 107–171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L.
107–171, set out as an Effective Date note under section
1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 13941(b) of Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993,
and amendment by section 13951(a) of Pub. L. 103–66 effective Oct. 1, 1991, see section 13971(a), (b)(1)(A) of Pub.
L. 103–66, set out as a note under section 2025 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective Dec. 13, 1991,
see section 1101(d)(4) of Pub. L. 102–237, set out as a note
under section 1421 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 effective Oct. 1, 1985,
with respect to claims under section 2025(c) of this title

§ 2023

TITLE 7—AGRICULTURE

for quality control review periods after such date, and
provisions of this section that relate to claims against
State agencies and that were in effect for any quality
control review period or periods through fiscal year
1985 to remain in effect for claims arising with respect
to such periods, see section 701(b)(5)(B), (D)(i) of Pub. L.
100–435, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–35 effective and implemented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.

§ 2023. Administrative and judicial review; restoration of rights
(a)(1) Whenever an application of a retail food
store or wholesale food concern to participate in
the supplemental nutrition assistance program
is denied pursuant to section 2018 of this title, or
a retail food store or wholesale food concern is
disqualified or subjected to a civil money penalty under the provisions of section 2021 of this
title, or a retail food store or wholesale food
concern forfeits a bond under section 2021(d) of
this title, or all or part of any claim of a retail
food store or wholesale food concern is denied
under the provisions of section 2022 of this title,
or a claim against a State agency is stated pursuant to the provisions of section 2022 of this
title, 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 chapter, 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.
(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

Page 1332

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 2025(c) of this title (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 1 556 and 557 of title 5 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 2 499m(c) and (d) of this title 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 2025(c)
of this title.
(9) The Secretary shall provide a summary
procedure for determinations regarding claims
made pursuant to section 2025(c) of this title 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 2025(c) of this title
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, except that judicial review of determinations regarding claims made pursuant to
section 2025(c) of this title shall be a review on
the administrative record.
1 So
2 So

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

Page 1333

TITLE 7—AGRICULTURE

(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 2021(b) of this title
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
chapter, any 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.
(Pub. L. 88–525, § 14, Aug. 31, 1964, 78 Stat. 708;
Pub. L. 91–671, § 7, Jan. 11, 1971, 84 Stat. 2052;
Pub. L. 92–603, title IV, § 411(f), Oct. 30, 1972, 86
Stat. 1492; Pub. L. 95–113, title XIII, § 1301, Sept.
29, 1977, 91 Stat. 974; Pub. L. 97–98, title XIII,
§ 1320(b), Dec. 22, 1981, 95 Stat. 1286; Pub. L.
97–253, title I, § 176(b), Sept. 8, 1982, 96 Stat. 781;
Pub. L. 99–198, title XV, § 1536, Dec. 23, 1985, 99
Stat. 1585; Pub. L. 100–435, title VI, § 603, Sept. 19,
1988, 102 Stat. 1674; Pub. L. 103–66, title XIII,
§ 13951(b), Aug. 10, 1993, 107 Stat. 678; Pub. L.
104–193, title VIII, § 845, Aug. 22, 1996, 110 Stat.
2333; Pub. L. 107–171, title IV, § 4117(a), May 13,
2002, 116 Stat. 316; Pub. L. 110–234, title IV,
§§ 4001(b), 4002(a)(7), May 22, 2008, 122 Stat. 1092,
1094; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b),
4002(a)(7), June 18, 2008, 122 Stat. 1664, 1853, 1855.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec.
(a)(7), are set out in the Appendix to Title 28, Judiciary
and Judicial Procedure.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Subsec. (a)(1). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.

§ 2023

Subsec. (b). Pub. L. 110–246, § 4002(a)(7), substituted
‘‘any allotments’’ for ‘‘any food stamp allotments’’.
2002—Subsec. (a)(2). Pub. L. 107–171 added heading and
text of par. (2) and struck out former par. (2) which
read as follows: ‘‘Such notice shall be delivered by certified mail or personal service.’’
1996—Subsec. (a). Pub. L. 104–193 designated first
through seventeenth sentences as pars. (1) to (17), respectively, and added par. (18).
1993—Subsec. (a). Pub. L. 103–66 inserted ‘‘(including
determinations as to whether there is good cause for
not imposing all or a portion of the penalty)’’ after
‘‘Determinations regarding claims made pursuant to
section 2025(c) of this title’’ in sixth sentence and
struck out at end ‘‘Notwithstanding the administrative
or judicial review procedures set forth in this subsection, determinations by the Secretary concerning
whether a State agency had good cause for its failure
to meet error rate tolerance levels established under
section 2025(c) of this title are final.’’
1988—Subsec. (a). Pub. L. 100–435 inserted provisions
relating to judicial review and determinations regarding excessive payment error rate claims pursuant to
section 2025(c) of this title.
1985—Subsec. (a). Pub. L. 99–198 substituted ‘‘on application’’ for ‘‘an application’’ and ‘‘consideration by the
court of the applicant’s likelihood of prevailing on the
merits and of irreparable injury’’ for ‘‘showing of irreparable injury’’.
1982—Subsec. (a). Pub. L. 97–253 substituted ‘‘section
2021 of this title, or a retail food store or wholesale food
concern forfeits a bond under section 2021(d) of this
title,’’ for ‘‘section 2021 of this title,’’.
1981—Pub. L. 97–98 designated existing provision as
subsec. (a) and added subsec. (b).
1977—Pub. L. 95–113 substituted revised provisions for
administrative and judicial review for provisions relating to violations and enforcement which are now covered by section 2024 of this title.
1972—Subsec. (e). Pub. L. 92–603 struck out subsec. (e)
which provided that no person be charged with violation of this chapter or any other law on the basis of
statements or information contained in affidavits filed
under section 2019(c) of this title, except for fraud.
1971—Subsec. (a). Pub. L. 91–671, § 7(a), provided for
purchase of coupons.
Subsec. (b). Pub. L. 91–671, § 7(a), included alteration
as an offense and made authorization to purchase cards
the subject matter of the enumerated offenses.
Subsec. (e). Pub. L. 91–671, § 7(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b) and 4002(a)(7) of Pub.
L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as a note under section 1161 of Title
2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4117(b), May 13, 2002, 116
Stat. 316, provided that: ‘‘The amendment made by this
section [amending this section] takes effect on the date
of enactment of this Act [May 13, 2002].’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective Oct. 1, 1991,
see section 13971(b)(1)(A) of Pub. L. 103–66, set out as a
note under section 2025 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 effective Oct. 1, 1985,
with respect to claims under section 2025(c) of this title

§ 2024

TITLE 7—AGRICULTURE

for quality control review periods after such date, except as otherwise provided, see section 701(b)(5)(C), (D)
of Pub. L. 100–435, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–603 effective Jan. 1, 1973,
see section 411(h) of Pub. L. 92–603, set out as a note
under section 2012 of this title.

§ 2024. Violations and enforcement
(a) In general
Notwithstanding any other provision of this
chapter, the Secretary may provide for the
issuance or presentment for redemption of benefits 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 chapter or the regulations
issued pursuant to this chapter.
(b) Unauthorized use, transfer, acquisition, alteration, or possession of benefits
(1) Subject to the provisions of paragraph (2)
of this subsection, whoever knowingly uses,
transfers, acquires, alters, or possesses benefits
in any manner contrary to this chapter or the
regulations issued pursuant to this chapter
shall, if such benefits 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
benefits are of a value of $100 or more, but less
than $5,000, or if the item used, transferred, acquired, altered, or possessed is a benefit that has
a value of $100 or more, but less than $5,000, be
guilty of a felony and shall, upon the first conviction thereof, be fined not more than $10,000 or
imprisoned for not more than five years, or
both, and, upon the second and any subsequent
conviction thereof, shall be imprisoned for not
less than six months nor more than five years
and may also be fined not more than $10,000 or,
if such benefits are of a value of less than $100,
or if the item used, transferred, acquired, altered, or processed 1 is a benefit that has a value
of less than $100, shall be guilty of a mis1 So

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

Page 1334

demeanor, 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 supplemental
nutrition assistance program for an additional
period of up to eighteen months consecutive to
that period of suspension mandated by section
2015(b)(1) of this title.
(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) Presentation for payment or redemption of
benefits that have been illegally received,
transferred, or used
Whoever presents, or causes to be presented,
benefits 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 chapter or the
regulations issued pursuant to this chapter,
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 benefits 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 supplemental nutrition assistance
program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 2015(b)(1) of this
title.
(d) Benefits as obligations of the United States
Benefits issued pursuant to this chapter shall
be deemed to be obligations of the United States
within the meaning of section 8 of title 18.
(e) Forfeiture of property involved in illegal benefit transactions
The Secretary may subject to forfeiture and
denial of property rights any nonfood items,
moneys, negotiable instruments, securities, or

Page 1335

§ 2024

TITLE 7—AGRICULTURE

other things of value that are furnished by any
person in exchange for benefits, or anything of
value obtained by use of an access device, in any
manner contrary to this chapter or the regulations issued under this chapter. Any forfeiture
and disposal of property forfeited under this subsection shall be conducted in accordance with
procedures contained in regulations issued by
the Secretary.
(f) 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 2018 of
this title.
(Pub. L. 88–525, § 15, Aug. 31, 1964, 78 Stat. 708;
Pub. L. 91–671, § 8, Jan. 11, 1971, 84 Stat. 2052;
Pub. L. 93–347, § 2, July 12, 1974, 88 Stat. 341; Pub.
L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
975; Pub. L. 96–249, title I, § 124, May 26, 1980, 94
Stat. 363; Pub. L. 97–98, title XIII, § 1324, Dec. 22,
1981, 95 Stat. 1288; Pub. L. 101–624, title XVII,
§§ 1747(a), (c), 1748, 1749, Nov. 28, 1990, 104 Stat.
3796, 3797; Pub. L. 104–193, title VIII, § 846, Aug.
22, 1996, 110 Stat. 2334; Pub. L. 110–234, title IV,
§§ 4001(b), 4115(b)(10), May 22, 2008 122 Stat. 1092,
1107; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b),
4115(b)(10), June 18, 2008, 122 Stat. 1664, 1853, 1869;

Pub. L. 113–79, title IV, § 4030(h), Feb. 7, 2014, 128
Stat. 814; Pub. L. 115–334, title IV, § 4022(6), Dec.
20, 2018, 132 Stat. 4653.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (e). Pub. L. 115–334 substituted ‘‘exchange for benefits, or anything’’ for ‘‘exchange for
coupons, authorization cards or access devices, or anything’’.
2014—Subsec. (b)(1). Pub. L. 113–79 substituted ‘‘a benefit’’ for ‘‘an benefit’’ in two places.
2008—Subsec. (a). Pub. L. 110–246, § 4115(b)(10)(A), substituted ‘‘benefits’’ for ‘‘coupons’’.
Subsec. (b)(1). Pub. L. 110–246, § 4115(b)(10)(B), substituted ‘‘possesses benefits’’ for ‘‘possesses coupons,
authorization cards, or access devices’’, ‘‘such benefits
are of a value of $5,000’’ for ‘‘such coupons, authorization cards, or access devices are of a value of $5,000’’,
‘‘such benefits are of a value of $100’’ for ‘‘such coupons
or authorization cards are of a value of $100’’, and ‘‘such
benefits are of a value of less than $100’’ for ‘‘such coupons or authorization cards are of a value of less than
$100’’, and substituted ‘‘benefit’’ for ‘‘access device’’ in
two places.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (c). Pub. L. 110–246, § 4115(b)(10)(C), substituted ‘‘benefits’’ for ‘‘coupons’’ in two places.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (d). Pub. L. 110–246, § 4115(b)(10)(D), substituted ‘‘Benefits’’ for ‘‘Coupons’’.
Subsec. (e). Pub. L. 110–246, § 4115(b)(10)(G), which directed amendment of subsec. (e) by substituting ‘‘benefits’’ for ‘‘coupon, authorization cards or access devices’’, could not be executed because the phrase ‘‘coupon, authorization cards or access devices’’ did not appear.
Pub. L. 110–246, § 4115(b)(10)(E), (F), redesignated subsec. (g) as (e) and struck out former subsec. (e) which
read as follows: ‘‘Any coupon issuer or any officer, employee, or agent thereof convicted of failing to provide
the report required under section 2016(d) of this title or
of violating the regulations issued under section 2016(d)
and (e) of this title shall be fined not more than $1,000
or imprisoned for not more than one year, or both.’’
Subsecs. (f) to (h). Pub. L. 110–246, § 4115(b)(10)(E), (F),
redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsec. (f) which read as
follows: ‘‘Any coupon issuer or any officer, employee,
or agent thereof convicted of knowingly providing false
information in the report required under section 2016(d)
of this title shall be fined not more than $10,000 or imprisoned not more than five years, or both.’’
1996—Subsec. (g). Pub. L. 104–193, § 846(a), struck out
‘‘or intended to be furnished’’ after ‘‘that are furnished’’.
Subsec. (h). Pub. L. 104–193, § 846(b), added subsec. (h).
1990—Subsec. (b)(1). Pub. L. 101–624, § 1748, inserted ‘‘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,’’ after
‘‘chapter shall’’, and inserted ‘‘but less than $5,000,’’
after ‘‘$100 or more’’ in two places.
Pub. L. 101–624, § 1747(a), substituted ‘‘, authorization
cards, or access devices in any manner contrary to’’ for
‘‘or authorization cards in any manner not authorized
by’’, and inserted ‘‘or if the item used, transferred, ac-

§ 2025

TITLE 7—AGRICULTURE

quired, altered, or possessed is an access device that
has a value of $100 or more,’’ after ‘‘a value of $100 or
more,’’, and inserted ‘‘or if the item used, transferred,
acquired, altered, or processed is an access device that
has a value of less than $100,’’ after ‘‘a value of less
than $100,’’.
Subsec. (c). Pub. L. 101–624, § 1749, substituted
‘‘$20,000’’ for ‘‘$10,000’’ in two places.
Subsec. (g). Pub. L. 101–624, § 1747(c), substituted
‘‘, authorization cards or access devices, or anything of
value obtained by use of an access device, in any manner contrary to’’ for ‘‘or authorization cards in any
manner not authorized by’’.
1981—Subsec. (b). Pub. L. 97–98 designated existing
provision as par. (1), inserted provisions specifying the
minimum and maximum sentences for the second and
any subsequent convictions for felonies and misdemeanors and provision authorizing the court to suspend a person convicted of a felony or misdemeanor
under this subsection 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 2015(b)(1) of this title, and added
par. (2).
Subsec. (c). Pub. L. 97–98 inserted provisions specifying the minimum and maximum sentences for the
second and any subsequent convictions for felonies and
misdemeanors and provision authorizing the court to
suspend a person convicted of a felony or misdemeanor
under this subsection 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 2015(b)(1) of this title.
1980—Subsec. (g). Pub. L. 96–249 added subsec. (g).
1977—Pub. L. 95–113 substituted revised provisions relating to violations and enforcement for provisions relating to the State financing of administrative costs
which are now covered by section 2025 of this title.
1974—Pub. L. 93–347 authorized the Secretary of Agriculture to pay each State agency 50 percent of all the
State agency’s costs in administering the Food Stamp
Program and required that each State make reports
from time to time at the request of the Secretary of
Agriculture on the effectiveness of the administration
of the Food Stamp Program in that State.
1971—Subsec. (b). Pub. L. 91–671 struck out ‘‘cooperate
with State agencies in the certification of households
which are not receiving any type of public assistance so
as to insure the effective certification of such households in accordance with the eligibility standards approved under the provisions of section 2019 of this title.
Such cooperation shall include payments to State
agencies for part of the cost they incur in the certification of such households’’ after ‘‘is authorized to’’,
and in providing for payments to State agencies, increased percentage from 50 to 621⁄2, and substituted cl.
(1) provisions for travel and travel-related cost of personnel for such time as they are employed in taking
the action required under section 2019(e) of this title
and in making certification determinations for households other than those which consist solely of recipients of welfare assistance for prior cl. (1) for direct salary costs of personnel used to make interviews and
such postinterview investigations as are necessary to
certify eligibility of such households, for periods of employment, in certifying the eligibility of such households; cl. (2) respecting direct salary, travel, and travel-related costs (including such fringe benefits as are
normally paid) of personnel for time of employment as
hearing officials under section 2019(e) of this title for
prior cl. (2) respecting travel and related costs incurred
by personnel in postinterview field investigations of
households, and deleted cl. (3) for an amount not to exceed 25 per centum of the costs computed under former
cls. (1) and (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the

Page 1336

date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b) and 4115(b)(10) of Pub.
L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as a note under section 1161 of Title
2, The Congress.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.

§ 2025. Administrative cost-sharing and quality
control
(a) Administrative costs
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 supplemental nutrition assistance 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 benefits
after their delivery to receiving points within
the State, (3) the issuance of benefits to all eligible households, (4) informational activities relating to the supplemental nutrition assistance
program, including those undertaken under section 2020(e)(1)(A) of this title, but not including
recruitment activities designed to persuade an
individual to apply for program benefits or that
promote the program through television, radio,
or billboard advertisements, (5) fair hearings, (6)
automated data processing and information retrieval systems subject to the conditions set
forth in subsection (g), (7) supplemental nutrition assistance program investigations and prosecutions, (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)), and (9) establishing and operating a longitudinal database in
accordance with section 2026(n) of this title: Provided, That the Secretary is authorized at the
Secretary’s discretion to pay any State agency
administering the supplemental nutrition assistance program on all or part of an Indian reservation under section 2020(d) of this title or in
a Native village within the State of Alaska identified in section 1610(b) of title 43, such amounts
for administrative costs as the Secretary determines to be necessary for effective operation of
the supplemental nutrition assistance 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 2015(b)
and 2022(c) of this title and 20 percent of the

Page 1337

TITLE 7—AGRICULTURE

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 chapter shall not receive or benefit from
revenues retained by the State under the provisions of this subsection.
(b) Work supplementation or support program
(1) ‘‘Work supplementation or support program’’ defined
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 supplemental nutrition
assistance 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 supplemental nutrition assistance 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 supplemental nutrition assistance program that contains an individual who is participating in the work supplementation or support program—
(A) the Secretary shall pay to the State
agency an amount equal to the value of the
allotment that the household would be eligible to receive but for the operation of this
subsection;
(B) the State agency shall expend the
amount received under subparagraph (A) in
accordance with the work supplementation
or support program in lieu of providing the
allotment that the household would receive
but for the operation of this subsection;
(C) for purposes of—
(i) sections 2014 and 2017(a) of this title,
the amount received under this subsection
shall be excluded from household income
and resources; and
(ii) section 2017(b) of this title, 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 2015(d) of this title,

§ 2025

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
(1) In general
(A) System
(i) In general
In carrying out the supplemental nutrition assistance 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.
(ii) Tolerance level for excluding small errors
The Secretary shall set the tolerance
level for excluding small errors for the
purposes of this subsection—
(I) for fiscal year 2014, at an amount
not greater than $37; and
(II) for each fiscal year thereafter, the
amount specified in subclause (I) adjusted by the percentage by which the
thrifty food plan is adjusted under section 2012(u)(4) of this title between June
30, 2013, and June 30 of the immediately
preceding fiscal year.
(B) Quality control system integrity
(i) In general
Not later than 180 days after December
20, 2018, the Secretary shall issue interim
final regulations that—
(I) ensure that the quality control system established under this subsection
produces valid statistical results;
(II) provide for oversight of contracts
entered into by a State agency for the
purpose of improving payment accuracy;
(III) ensure the accuracy of data collected under the quality control system
established under this subsection; and
(IV) for each fiscal year, to the maximum extent practicable, provide for the
evaluation of the integrity of the quality
control process of not fewer than 2 State
agencies, selected in accordance with
criteria determined by the Secretary.
(ii) Debarment
In accordance with the nonprocurement
debarment procedures under part 417 of
title 2, Code of Federal Regulations, or
successor regulations, the Secretary shall
debar any person that, in carrying out the

§ 2025

TITLE 7—AGRICULTURE

quality control system established under
this subsection, knowingly submits, or
causes to be submitted, false information
to the Secretary.
(C) Establishment of liability amount for fiscal year 2003 and thereafter
With respect to fiscal year 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) 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
supplemental nutrition assistance program (referred to in this paragraph as the
‘‘new investment amount’’), which new investment amount shall not be matched by
Federal funds;
(II) 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
(III) take any combination of the actions
described in subclauses (I) and (II); or
(ii) make the determinations described
in clause (i) and enter into a settlement
with the State agency, only with respect
to any 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)(II) for any fiscal
year in accordance with clause (ii), if, with
respect to the immediately following fiscal
year, a liability amount has been estab-

Page 1338

lished for the State agency under subparagraph (C).
(ii) Method of payment of at-risk amount
(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 2022(a)(2) of this title.
(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)(I) 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)(I), 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)(I), 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

Page 1339

TITLE 7—AGRICULTURE

State agency for new investment, approved by the Secretary, to improve administration by the State agency of the
supplemental nutrition assistance program, which amount shall not be
matched by Federal funds; and
(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) Error rate definitions
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) Exclusions
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
chapter 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, including providing access to
applicable State records and the entire information systems in which the records are con-

§ 2025

tained, 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 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 2023 of
this title (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 (5), 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

§ 2025

TITLE 7—AGRICULTURE

under paragraph (1), the State may seek administrative and judicial review of the action pursuant to section 2023 of this title.
(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) Criteria for payment by a State agency
(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.
(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.

Page 1340

(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) ‘‘Good cause’’ defined

(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.

As used in this subsection, the term ‘‘good
cause’’ includes—
(A) a natural disaster or civil disorder that
adversely affects supplemental nutrition assistance 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 supplemental nutrition assistance
program;
(C) a significant growth in the caseload
under the supplemental nutrition assistance
program in a State prior to or during a fiscal
year, such as a 15 percent growth in caseload;
(D) a change in the supplemental nutrition
assistance program or other Federal or
State program that has a substantial adverse impact on the management of the supplemental nutrition assistance program of a
State; and
(E) a significant circumstance beyond the
control of the State agency.
(d) State performance indicators
(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

(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) 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

Page 1341

TITLE 7—AGRICULTURE

meet standards for high or most improved
performance established by the Secretary
under subparagraph (A)(ii).
(2) Fiscal years 2005 through 2017
(A) Regulations
With respect to fiscal year 2005 through
fiscal year 2017, 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 through
fiscal year 2017, 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).
(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.
(5) Use of performance bonus payments
A State agency may use a performance
bonus payment received under this subsection
only to carry out the program established
under this chapter, including investments in—
(A) technology;
(B) improvements in administration and
distribution; and
(C) actions to prevent fraud, waste, and
abuse.
(6) Fiscal year 2018 and fiscal years thereafter
(A) With respect to fiscal year 2018 and each
fiscal year thereafter, the Secretary shall establish, by regulation, performance criteria
relating to—
(i) actions taken to correct errors, reduce
rates of error, and improve eligibility determinations; and

§ 2025

(ii) other indicators of effective administration determined by the Secretary.
(B) The Secretary shall not award performance bonus payments to State agencies in fiscal year 2019 for fiscal year 2018 performance.
(e) Use of social security account numbers; access to information
The Secretary and State agencies shall (1) require, as a condition of eligibility for participation in the supplemental nutrition assistance
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 supplemental nutrition assistance program. The Secretary and State agencies shall have access to
the information regarding individual supplemental nutrition assistance 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 supplemental nutrition assistance
program, or verifying information related thereto.
(f) Payment of certain legal fees
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 chapter.
(g) Cost sharing for computerization
(1) In general
Except as provided in paragraph (2), the Secretary is authorized to pay to each State agency the amount provided under subsection (a)(6)
for the costs incurred by the State agency in
the—
(A) planning, design, development, or installation of 1 or more automatic data processing and information retrieval systems
that the Secretary determines—
(i) would assist in meeting the requirements of this chapter;
(ii) meet such conditions as the Secretary prescribes;
(iii) are likely to provide more efficient
and effective administration of the supplemental nutrition assistance program;
(iv) would be compatible with other systems used in the administration of State
programs, including the program funded
under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(v) would be tested adequately before
and after implementation, including a requirement that—
(I) such testing shall be accomplished
through pilot projects in limited areas

§ 2025

TITLE 7—AGRICULTURE
for major systems changes (as determined under rules promulgated by the
Secretary);
(II) each pilot project described in subclause (I) that is carried out before the
implementation of a system shall be conducted in a live-production environment;
and
(III) the data resulting from each pilot
project carried out under this clause
shall be thoroughly evaluated before the
Secretary approves the system to be implemented more broadly;
(vi) would be operated in accordance
with an adequate plan for—
(I) continuous updating to reflect
changed policy and circumstances; and
(II) testing the effect of the system on
access for eligible households and on
payment accuracy; and
(vii) would be accessible by the Secretary for inspection and audit under section 2020(a)(3)(B) of this title; and

(B) operation of 1 or more automatic data
processing and information retrieval systems that the Secretary determines may
continue to be operated in accordance with
clauses (i) through (vii) of subparagraph (A).
(2) Limitation
The Secretary shall not make payments to a
State agency under paragraph (1) to the extent
that the State agency—
(A) is reimbursed for the costs under any
other Federal program; or
(B) uses the systems for purposes not connected with the supplemental nutrition assistance program.
(h) Funding of employment and training programs
(1) IN GENERAL.—
(A) AMOUNTS.—To carry out employment
and training programs, the Secretary shall reserve for allocation to State agencies, to remain available for 24 months, from funds made
available for each fiscal year under section
2027(a)(1) of this title, $103,900,000 for each fiscal year.
(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 2015(o) of this
title.
(C) REALLOCATION.—
(i) IN GENERAL.—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, subject to clauses
(ii) through (v), shall reallocate the unexpended funds to other States (during the fiscal year or the subsequent fiscal year) as the
Secretary considers appropriate and equitable.
(ii) TIMING.—The Secretary shall collect
such information as the Secretary deter-

Page 1342

mines to be necessary about the expenditures and anticipated expenditures by the
State agencies of the funds initially allocated to the State agencies under subparagraph (A) to make reallocations of unexpended funds under clause (i) within a timeframe that allows each State agency to
which funds are reallocated at least 270 days
to expend the reallocated funds.
(iii) OPPORTUNITY.—The Secretary shall
ensure that all State agencies have an opportunity to obtain reallocated funds.
(iv) PRIORITY.—The Secretary shall reallocate funds under this subparagraph as follows:
(I)(aa) Subject to items (bb) and (cc), not
less than 50 percent shall be reallocated to
State agencies requesting such funds to
conduct employment and training programs and activities for which such State
agencies had previously received funding
under subparagraph (F)(viii) that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that
leads to increased household income and
reduced reliance on public assistance.
(bb) The Secretary shall base the determination under item (aa) on—
(AA) project results from the independent evaluations conducted under
subparagraph (F)(vii)(I); or
(BB) if the project results from the
independent
evaluations
conducted
under subparagraph (F)(vii)(I) are not
yet available, the reports under subparagraph (F)(vii)(II) or other information
relating to performance of the programs
and activities funded under subparagraph (F)(viii).
(cc) Employment and training activities
funded under this subclause are not subject to subparagraph (F)(vii), but are subject to monitoring under paragraph (h)(5).
(II) Not less than 30 percent shall be reallocated to State agencies requesting
such funds to implement or continue employment and training programs and activities under section 2015(d)(4)(B)(i) of this
title that the Secretary determines have
the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public
assistance, including programs and activities that are targeted to—
(aa) individuals 50 years of age or
older;
(bb) formerly incarcerated individuals;
(cc) individuals participating in a substance abuse treatment program;
(dd) homeless individuals;
(ee) people with disabilities seeking to
enter the workforce;
(ff) other individuals with substantial
barriers to employment; or
(gg)
households
facing
multigenerational poverty, to support employment
and
workforce
participation
through an integrated and family-focused approach in providing supportive
services.

Page 1343

TITLE 7—AGRICULTURE

(III) The Secretary shall reallocate any
remaining funds available under this subparagraph, to State agencies requesting
such funds to use for employment and
training programs and activities that the
Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment
that leads to increased household income
and reduced reliance on public assistance
under section 2015(d)(4)(B)(i) of this title.
(v) CONSIDERATION.—In reallocating funds
under this subparagraph, a State agency
that receives reallocated funds under clause
(iv)(I) may also be considered for reallocated
funding under clause (iv)(II).
(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 $100,000 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 2027(a)(1) of
this title, the Secretary shall allocate not
more than $20,000,000 for each fiscal year to
reimburse a State agency that is eligible
under clause (ii) for the costs incurred in
serving members of households receiving
supplemental nutrition assistance program
benefits who—
(I) are not eligible for an exception under
section 2015(o)(3) of this title; and
(II) are placed in and comply with a program described in subparagraph (B) or (C)
of section 2015(o)(2) of this title.
(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
2015(o)(2) of this title to each applicant or recipient who—
(I) is in the last month of the 3-month
period described in section 2015(o)(2) of this
title;
(II) is not eligible for an exception under
section 2015(o)(3) of this title;
(III) is not eligible for a waiver under
section 2015(o)(4) of this title; and
(IV) is not exempt under section
2015(o)(6) of this title.
(F) PILOT PROJECTS TO REDUCE DEPENDENCY
AND INCREASE WORK REQUIREMENTS AND WORK
EFFORT UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—
(i) PILOT PROJECTS REQUIRED.—
(I) IN GENERAL.—The Secretary shall
carry out pilot projects under which State
agencies shall enter into cooperative
agreements with the Secretary to develop
and test methods, including operating
work programs with certain features comparable to the program of block grants to
States for temporary assistance for needy
families established under part A of title

§ 2025

IV of the Social Security Act (42 U.S.C. 601
et seq.), for employment and training programs and services to raise the number of
work registrants under section 2015(d) of
this title who obtain unsubsidized employment, increase the earned income of the
registrants, and reduce the reliance of the
registrants on public assistance, so as to
reduce the need for supplemental nutrition
assistance benefits.
projects
(II)
REQUIREMENTS.—Pilot
shall—
(aa) meet such terms and conditions as
the Secretary considers to be appropriate; and
(bb) except as otherwise provided in
this subparagraph, be in accordance with
the requirements of sections 2015(d) and
2029 of this title.
(ii) SELECTION CRITERIA.—
(I) IN GENERAL.—The Secretary shall select pilot projects under this subparagraph
in accordance with the criteria established
under this clause and additional criteria
established by the Secretary.
(II) QUALIFYING CRITERIA.—To be eligible
to participate in a pilot project, a State
agency shall—
(aa) agree to participate in the evaluation described in clause (vii), including
providing evidence that the State has a
robust data collection system for program administration and cooperating to
make available State data on the employment activities and post-participation employment, earnings, and public
benefit receipt of participants to ensure
proper and timely evaluation;
(bb) commit to collaborate with the
State workforce board and other job
training programs in the State and local
area; and
(cc) commit to maintain at least the
amount of State funding for employment
and training programs and services
under paragraphs (2) and (3) and under
section 2029 of this title as the State expended for fiscal year 2013.
(III) SELECTION CRITERIA.—In selecting
pilot projects, the Secretary shall—
(aa) consider the degree to which the
pilot project would enhance existing employment and training programs in the
State;
(bb) consider the degree to which the
pilot project would enhance the employment and earnings of program participants;
(cc) consider whether there is evidence
that the pilot project could be replicated
easily by other States or political subdivisions;
(dd) consider whether the State agency
has a demonstrated capacity to operate
high quality employment and training
programs; and
(ee) ensure the pilot projects, when
considered as a group, test a range of
strategies, including strategies that—
(AA) target individuals with low
skills or limited work experience, indi-

§ 2025

TITLE 7—AGRICULTURE
viduals subject to the requirements
under section 2015(o) of this title, and
individuals who are working;
(BB) are located in a range of geographic areas and States, including
rural and urban areas;
(CC) emphasize education and training, rehabilitative services for individuals with barriers to employment,
rapid attachment to employment, and
mixed strategies; and
(DD) test programs that assign work
registrants to mandatory and voluntary participation in employment
and training activities.
(iii) ACCOUNTABILITY.—
(I) IN GENERAL.—The Secretary shall establish and implement a process to terminate a pilot project for which the State
has failed to meet the criteria described in
clause (ii) or other criteria established by
the Secretary.
(II) TIMING.—The process shall include a
reasonable time period, not to exceed 180
days, for State agencies found noncompliant to correct the noncompliance.

(iv) EMPLOYMENT AND TRAINING ACTIVITIES.—Allowable programs and services carried out under this subparagraph shall include those programs and services authorized under this chapter and employment and
training activities authorized under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), including:
(I) Employment in the public or private
sector that is not subsidized by any public
program.
(II) Employment in the private sector for
which the employer receives a subsidy
from public funds to offset all or a part of
the wages and costs of employing an adult.
(III) Employment in the public sector for
which the employer receives a subsidy
from public funds to offset all or a part of
the wages and costs of employing an adult.
(IV) A work activity that—
(aa) is performed in return for public
benefits;
(bb) provides an adult with an opportunity to acquire the general skills,
knowledge, and work habits necessary to
obtain employment;
(cc) is designed to improve the employability of those who cannot find unsubsidized employment; and
(dd) is supervised by an employer,
work site sponsor, or other responsible
party on an ongoing basis.
(V) Training in the public or private sector that—
(aa) is given to a paid employee while
the employee is engaged in productive
work; and
(bb) provides knowledge and skills essential to the full and adequate performance of the job.

Page 1344

(VI) Job search, obtaining employment,
or preparation to seek or obtain employment, including—
(aa) life skills training;
(bb) substance abuse treatment or
mental health treatment, determined to
be necessary and documented by a qualified medical, substance abuse, or mental
health professional; and
(cc) rehabilitation activities, supervised by a public agency or other responsible party on an ongoing basis.
(VII) Structured programs and embedded
activities—
(aa) in which adults perform work for
the direct benefit of the community
under the auspices of public or nonprofit
organizations;
(bb) that are limited to projects that
serve useful community purposes in
fields such as health, social service, environmental protection, education, urban
and rural redevelopment, welfare, recreation, public facilities, public safety, and
child care;
(cc) that are designed to improve the
employability of adults not otherwise
able to obtain unsubsidized employment;
(dd) that are supervised on an ongoing
basis; and
(ee) with respect to which a State
agency takes into account, to the maximum extent practicable, the prior training, experience, and skills of a recipient
in making appropriate community service assignments.
(VIII) Career and technical training programs that are—
(aa) directly related to the preparation
of adults for employment in current or
emerging occupations; and
(bb) supervised on an ongoing basis.
(IX) Training or education for job skills
that are—
(aa) required by an employer to provide an adult with the ability to obtain
employment or to advance or adapt to
the changing demands of the workplace;
and
(bb) supervised on an ongoing basis.
(X) Education that is—
(aa) related to a specific occupation,
job, or job offer; and
(bb) supervised on an ongoing basis.
(XI) In the case of an adult who has not
completed secondary school or received a
certificate of general equivalence, regular
attendance that is—
(aa) in accordance with the requirements of the secondary school or course
of study, at a secondary school or in a
course of study leading to a certificate of
general equivalence; and
(bb) supervised on an ongoing basis.
(XII) Providing child care to enable another recipient of public benefits to participate in a community service program
that—

Page 1345

TITLE 7—AGRICULTURE

(aa) does not provide compensation for
the community service;
(bb) is a structured program designed
to improve the employability of adults
who participate in the program; and
(cc) is supervised on an ongoing basis.
(v) SANCTIONS.—Subject to clause (vi), no
work registrant shall be eligible to participate in the supplemental nutrition assistance program if the individual refuses without good cause to participate in an employment and training program under this subparagraph, to the extent required by the
State agency.
(vi) STANDARDS.—
(I) IN GENERAL.—Employment and training activities under this subparagraph
shall be considered to be carried out under
section 2015(d) of this title, including for
the purpose of satisfying any conditions of
participation and duration of ineligibility.
(II) STANDARDS FOR CERTAIN EMPLOYMENT
ACTIVITIES.—The Secretary shall establish
standards for employment activities described in subclauses (I), (II), and (III) of
clause (iv) that ensure that failure to work
for reasons beyond the control of an individual, such as involuntary reduction in
hours of employment, shall not result in
ineligibility.
(III) PARTICIPATION IN OTHER PROGRAMS.—Before assigning a work registrant to mandatory employment and
training activities, a State agency shall—
(aa) assess whether the work registrant is participating in substantial
employment and training activities outside of the pilot project that are expected to result in the work registrant
gaining increased skills, training, work,
or experience consistent with the objectives of the pilot project; and
(bb) if determined to be acceptable,
count hours engaged in the activities toward any minimum participation requirement.
(vii) EVALUATION AND REPORTING.—
(I) INDEPENDENT EVALUATION.—
(aa) IN GENERAL.—The Secretary shall,
under such terms and conditions as the
Secretary determines to be appropriate,
conduct for each State agency that enters into a cooperative agreement under
clause (i) an independent longitudinal
evaluation of each pilot project of the
State agency under this subparagraph,
with results reported not less frequently
than in consecutive 12-month increments.
(bb) PURPOSE.—The purpose of the
independent evaluation shall be to measure the impact of employment and training programs and services provided by
each State agency under the pilot
projects on the ability of adults in each
pilot project target population to find
and retain employment that leads to increased household income and reduced
reliance on public assistance, as well as
other measures of household well-being,

§ 2025

compared to what would have occurred
in the absence of the pilot project.
(cc) METHODOLOGY.—The independent
evaluation shall use valid statistical
methods that can determine, for each
pilot project, the difference, if any, between supplemental nutrition assistance
and other public benefit receipt expenditures, employment, earnings and other
impacts as determined by the Secretary—
(AA) as a result of the employment
and training programs and services
provided by the State agency under the
pilot project; as compared to
(BB) a control group that is not subject to the employment and training
programs and services provided by the
State agency under the pilot project.
(II) REPORTING.—Not later than December 31, 2015, and each December 31 thereafter until the completion of the last evaluation under subclause (I), 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 and share
broadly, including by posting on the Internet website of the Department of Agriculture, a report that includes a description of—
(aa) the status of each pilot project
carried out under this subparagraph;
(bb) the results of the evaluation completed during the previous fiscal year;
(cc) to the maximum extent practicable, baseline information relevant to
the stated goals and desired outcomes of
the pilot project;
(dd) the employment and training programs and services each State tested
under the pilot, including—
(AA) the system of the State for assessing the ability of work registrants
to participate in and meet the requirements of employment and training activities and assigning work registrants
to appropriate activities; and
(BB) the employment and training
activities and services provided under
the pilot;
(ee) the impact of the employment and
training programs and services on appropriate employment, income, and public
benefit receipt as well as other outcomes
among households participating in the
pilot project, relative to households not
participating; and
(ff) the steps and funding necessary to
incorporate into State employment and
training programs and services the components of the pilot projects that demonstrate increased employment and
earnings.
(viii) FUNDING.—
(I) IN GENERAL.—Subject to subclause
(II), from amounts made available under
section 2027(a)(1) of this title, the Secretary shall use to carry out this subparagraph—

§ 2025

TITLE 7—AGRICULTURE
(aa) for fiscal year 2014, $10,000,000; and
(bb) for fiscal year 2015, $190,000,000.
(II) LIMITATIONS.—
(aa) IN GENERAL.—The Secretary shall
not fund more than 10 pilot projects
under this subparagraph.
(bb) DURATION.—Each pilot project
shall be in effect for not more than 3
years.
(III) AVAILABILITY OF FUNDS.—Funds
made available under subclause (I) shall
remain available through September 30,
2018.
(ix) USE OF FUNDS.—
(I) IN GENERAL.—Funds made available
under this subparagraph for pilot projects
shall be used only for—
(aa) pilot projects that comply with
this chapter;
(bb) the program and administrative
costs of carrying out the pilot projects;
(cc) the costs incurred in developing
systems and providing information and
data for the independent evaluations
under clause (vii); and
(dd) the costs of the evaluations under
clause (vii).
(II) MAINTENANCE OF EFFORT.—Funds
made available under this subparagraph
shall be used only to supplement, not to
supplant, non-Federal funds used for existing employment and training activities or
services.
(III) OTHER FUNDS.—In carrying out pilot
projects, States may contribute additional
funds obtained from other sources, including Federal, State, or private funds, on the
condition that the use of the contributions
is permissible under Federal law.

(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 2015(d)(4) of this title or
a pilot project under paragraph (1)(F), except
that the amount of the reimbursement for dependent care expenses shall not exceed an
amount equal to the payment made under section 2015(d)(4)(I)(i)(II) of this title 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 2015(d)(4) of this title or a pilot project

Page 1346

under paragraph (1)(F), and may not be used for
carrying out other provisions of this chapter.
(5) MONITORING.—
(A) IN GENERAL.—The Secretary shall monitor the employment and training programs
carried out by State agencies under section
2015(d)(4) of this title and assess the effectiveness of the programs in—
(i) preparing members of households participating in the supplemental nutrition assistance program for employment, including
the acquisition of basic skills necessary for
employment; and
(ii) increasing the number of household
members who obtain and retain employment
subsequent to participation in the employment and training programs.
(B) REPORTING MEASURES.—
(i) IN GENERAL.—The Secretary, in consultation with the Secretary of Labor, shall
develop State reporting measures that identify improvements in the skills, training,
education, or work experience of members of
households participating in the supplemental nutrition assistance program.
(ii) REQUIREMENTS.—Measures shall—
(I) be based on common measures of performance for Federal workforce training
programs; and
(II) include additional indicators that reflect the challenges facing the types of
members of households participating in
the supplemental nutrition assistance program who participate in a specific employment and training component.
(iii) STATE REQUIREMENTS.—The Secretary
shall require that each State employment
and training plan submitted under section
2020(e)(19) of this title identifies appropriate
reporting measures for each proposed component that serves a threshold number of
participants determined by the Secretary of
at least 100 people a year.
(iv) INCLUSIONS.—Reporting measures described in clause (iii) may include—
(I) the percentage and number of program participants who received employment and training services and are in unsubsidized employment subsequent to the
receipt of those services;
(II) the percentage and number of program participants who obtain a recognized
credential, including a registered apprenticeship, or a regular secondary school diploma or its recognized equivalent, while
participating in, or within 1 year after receiving, employment and training services;
(III) the percentage and number of program participants who are in an education
or training program that is intended to
lead to a recognized credential, including a
registered apprenticeship or on-the-job
training program, a regular secondary
school diploma or its recognized equivalent, or unsubsidized employment;
(IV) subject to terms and conditions established by the Secretary, measures developed by each State agency to assess the
skills acquisition of employment and
training program participants that reflect

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TITLE 7—AGRICULTURE

the goals of the specific employment and
training program components of the State
agency, which may include, at a minimum—
(aa) the percentage and number of program participants who are meeting program requirements in each component of
the education and training program of
the State agency;
(bb) the percentage and number of program participants who are gaining skills
likely to lead to employment as measured through testing, quantitative or
qualitative assessment, or other method;
and
(cc) the percentage and number of program participants who do not comply
with employment and training requirements and who are ineligible under section 2015(b) of this title; and
(V) other indicators approved by the Secretary.
(v) STATE OPTION.—The State agency may
report relevant data from a workforce partnership
carried
out
under
section
2015(d)(4)(N) of this title to demonstrate the
number of program participants served by
the workforce partnership.
(C) OVERSIGHT OF STATE EMPLOYMENT AND
TRAINING ACTIVITIES.—The Secretary shall assess State employment and training programs
on a periodic basis to ensure—
(i) compliance with Federal employment
and training program rules and regulations;
(ii) that program activities are appropriate
to meet the needs of the individuals referred
by the State agency to an employment and
training program component;
(iii) that reporting measures are appropriate to identify improvements in skills,
training, work and experience for participants in an employment and training program component; and
(iv) for States receiving additional allocations under paragraph (1)(E), any information the Secretary may require to evaluate
the compliance of the State agency with
paragraph (1), which may include—
(I) a report for each fiscal year of the
number of individuals in the State who
meet the conditions of paragraph (1)(E)(ii),
the number of individuals the State agency offers a position in a program described
in subparagraph (B) or (C) of section
2015(o)(2) of this title, and the number who
participate in such a program;
(II) a description of the types of employment and training programs the State
agency uses to comply with paragraph
(1)(E) and the availability of those programs throughout the State; and
(III) any additional information the Secretary determines to be appropriate.
(D) STATE REPORT.—Each State agency shall
annually prepare and submit to the Secretary
a report on the State employment and training program that includes, using measures
identified under subparagraph (B), the numbers of supplemental nutrition assistance pro-

§ 2025

gram participants who have gained skills,
training, work, or experience that will increase the ability of the participants to obtain
regular employment.
(E) MODIFICATIONS TO THE STATE EMPLOYMENT AND TRAINING PLAN.—Subject to terms
and conditions established by the Secretary, if
the Secretary determines that the performance of a State agency with respect to employment and training outcomes is inadequate, the
Secretary may require the State agency to
make modifications to the State employment
and training plan to improve the outcomes.
(F) PERIODIC EVALUATION.—Subject to terms
and conditions established by the Secretary,
not later than October 1, 2016, and not less frequently than once every 5 years thereafter,
the Secretary shall conduct a study to review
existing practice and research to identify employment and training program components
and practices that—
(i) effectively assist members of households participating in the supplemental nutrition assistance program in gaining skills,
training, work, or experience that will increase the ability of the participants to obtain regular employment; and
(ii) are best integrated with statewide
workforce development systems.
(i) Geographical error-prone profiles
(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 supplemental nutrition assistance 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 supplemental nutrition assistance program
and be cost effective.
(j) Training materials regarding certification of
farming households
Not later than 180 days after 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
(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

§ 2025

TITLE 7—AGRICULTURE

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 June 23, 1998,
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 supplemental nutrition assistance program, the AFDC program and the medicaid
program, and the AFDC program, the supplemental nutrition assistance 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 supplemental nutrition assistance program, the
AFDC program and the medicaid program,
and the AFDC program, the supplemental
nutrition assistance 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, 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 supplemental nutrition assistance 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 paid under subsection (a) to each State by an amount

Page 1348

equal to the sum of the amounts determined for the supplemental nutrition assistance 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, 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—

Page 1349

§ 2025

TITLE 7—AGRICULTURE

(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), 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
supplemental nutrition assistance 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 supplemental nutrition assistance program.
(Pub. L. 88–525, § 16, Aug. 31, 1964, 78 Stat. 709;
Pub. L. 90–91 §§ 1, 2, Sept. 27, 1967, 81 Stat. 228;
Pub. L. 90–552, Oct. 8, 1968, 82 Stat. 958; Pub. L.
91–116, Nov. 13, 1969, 83 Stat. 191; Pub. L. 91–671,
§ 9, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 93–86, § 3(j),
Aug. 10, 1973, 87 Stat. 248; Pub. L. 95–113, title
XIII, § 1301, Sept. 29, 1977, 91 Stat. 976; Pub. L.
96–58, §§ 4, 6, Aug. 14, 1979, 93 Stat. 391; Pub. L.
96–249, title I, §§ 121, 125, 126, 128, 129, May 26,
1980, 94 Stat. 363, 364, 367; Pub. L. 97–35, title I,
§§ 111(b), 114, Aug. 13, 1981, 95 Stat. 362, 363; Pub.
L. 97–98, title XIII, §§ 1325–1327, Dec. 22, 1981, 95
Stat. 1289; Pub. L. 97–253, title I, §§ 179, 180(a),
189(b)(3), (c), Sept. 8, 1982, 96 Stat. 782, 787; Pub.
L. 99–198, title XV, §§ 1517(c), 1524, 1535(c)(1),
1537(a), 1539, Dec. 23, 1985, 99 Stat. 1577, 1580, 1585,
1588; Pub. L. 99–603, title I, § 121(b)(5), Nov. 6,
1986, 100 Stat. 3391; Pub. L. 100–77, title VIII,
§ 808(b), July 22, 1987, 101 Stat. 536; Pub. L.
100–435, title II, § 204(b), title III, § 321(b), (c), title

IV, § 404(e), (g), title VI, § 604, Sept. 19, 1988, 102
Stat. 1657, 1662, 1668, 1675; Pub. L. 101–624, title
XVII, §§ 1750, 1752(a), 1753, Nov. 28, 1990, 104 Stat.
3797, 3798; Pub. L. 102–237, title IX, § 941(7), Dec.
13, 1991, 105 Stat. 1892; Pub. L. 103–66, title XIII,
§§ 13922(c), 13951(c), 13961, Aug. 10, 1993, 107 Stat.
675, 678, 679; Pub. L. 103–296, title I, § 108(f)(2),
Aug. 15, 1994, 108 Stat. 1487; Pub. L. 104–66, title
I, § 1011(j), Dec. 21, 1995, 109 Stat. 710; Pub. L.
104–127, title IV, § 401(b), Apr. 4, 1996, 110 Stat.
1026; Pub. L. 104–193, title I, § 109(c), title VIII,
§§ 817(b)–(d), 844(c), 847, 848(a), (b)(2), 849, Aug. 22,
1996, 110 Stat. 2169, 2319, 2320, 2333–2335; Pub. L.
105–33, title I, § 1002(a), Aug. 5, 1997, 111 Stat. 252;
Pub. L. 105–185, title V, §§ 501, 502(a), June 23,
1998, 112 Stat. 575; Pub. L. 106–78, title VII, § 758,
Oct. 22, 1999, 113 Stat. 1172; Pub. L. 107–171, title
IV, §§ 4118(a), 4119(a), 4120(a), 4121(a), (d), 4122(a),
May 13, 2002, 116 Stat. 316, 321, 323, 324; Pub. L.
110–234, title IV, §§ 4001(b), 4002(a)(8), 4115(b)(11),
4121, 4122, 4406(a)(3), (4), May 22, 2008, 122 Stat.
1092, 1094, 1108, 1113, 1140, 1141; Pub. L. 110–246,
§ 4(a), title IV, §§ 4001(b), 4002(a)(8), 4115(b)(11),
4121, 4122, 4406(a)(3), (4), June 18, 2008, 122 Stat.
1664, 1853, 1855, 1869, 1874, 1875, 1902; Pub. L.
112–240, title VII, § 701(d)(1), Jan. 2, 2013, 126 Stat.
2363; Pub. L. 113–76, div. A, title VII, § 717, Jan.
17, 2014, 128 Stat. 36; Pub. L. 113–79, title IV,
§§ 4018(a), 4019, 4020(a), (b)(2), 4021, 4022(a), (b)(2),
4030(i), Feb. 7, 2014, 128 Stat. 797–799, 808, 814;
Pub. L. 115–334, title IV, §§ 4005(d), 4012,
4013(b)–(e), 4015(b), Dec. 20, 2018, 132 Stat. 4632,
4641–4643, 4648.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (e),
(g)(1)(D), (h)(1)(F)(i)(I), (iv), and (k), is act Aug. 14, 1935,
ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV
of chapter 7 of Title 42, The Public Health and Welfare.
Titles XVI, XIX, and XX of the Act are classified generally to subchapters XVI (§ 1381 et seq.), XIX (§ 1396 et
seq.), and XX (§ 1397 et seq.), respectively, of chapter 7
of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334, § 4015(b), added cl.
(9).
Subsec. (c)(1)(B). Pub. L. 115–334, § 4013(b), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
related to adjustment of Federal share of administrative costs for fiscal years before fiscal year 2003.
Subsec. (c)(4). Pub. L. 115–334, § 4013(c), inserted
‘‘, including providing access to applicable State
records and the entire information systems in which
the records are contained,’’ after ‘‘the Secretary considers necessary’’.
Subsec. (d). Pub. L. 115–334, § 4013(d)(1), substituted
‘‘State performance indicators’’ for ‘‘Bonuses for States
that demonstrate high or most improved performance’’
in heading.
Subsec. (d)(2). Pub. L. 115–334, § 4013(d)(2)(A), substituted ‘‘through 2017’’ for ‘‘and thereafter’’ in heading.
Subsec. (d)(2)(A), (B). Pub. L. 115–334, § 4013(d)(2)(B),
(C), substituted ‘‘through fiscal year 2017’’ for ‘‘and
each fiscal year thereafter’’ in introductory provisions.

§ 2025

TITLE 7—AGRICULTURE

Subsec. (d)(6). Pub. L. 115–334, § 4013(d)(3), added par.
(6).
Subsec. (g)(1). Pub. L. 115–334, § 4012(2), (3), in introductory provisions, substituted ‘‘paragraph (2)’’ for
‘‘paragraphs (2) and (3)’’ and ‘‘in the—’’ for ‘‘in the’’, inserted subpar. (A) designation before ‘‘planning’’, and
redesignated former subpars. (A) to (D) as cls. (i) to
(iv), respectively, of subpar. (A).
Subsec. (g)(1)(A)(v). Pub. L. 115–334, § 4012(2), (4), redesignated subsec. (g)(1)(E) as cl. (v) of subsec. (g)(1)(A)
and substituted ‘‘, including a requirement that—’’,
subcls. (I) and (II), and ‘‘(III) the data resulting from
each pilot project carried out under this clause’’ for
‘‘, including through pilot projects in limited areas for
major systems changes as determined under rules promulgated by the Secretary, data from which’’.
Subsec. (g)(1)(A)(vi). Pub. L. 115–334, § 4012(1), (2), redesignated subsec. (g)(1)(F) as cl. (vi) of subsec. (g)(1)(A)
and cls. (i) and (ii) of former subpar. (F) as subcls. (I)
and (II), respectively, of cl. (vi).
Subsec. (g)(1)(A)(vii). Pub. L. 115–334, §§ 4012(5), 4013(e),
added cl. (vii).
Subsec. (g)(1)(B). Pub. L. 115–334, § 4012(6), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subsec. (g)(1)(A).
Subsec. (g)(1)(C) to (F). Pub. L. 115–334, § 4012(2), redesignated subpars. (C) to (F) as cls. (iii) to (vi), respectively, of subsec. (g)(1)(A).
Subsec. (h)(1)(A). Pub. L. 115–334, § 4005(d)(1)(A), substituted ‘‘$103,900,000’’ for ‘‘$90,000,000’’.
Subsec. (h)(1)(C)(i). Pub. L. 115–334, § 4005(d)(1)(B)(i),
inserted ‘‘, subject to clauses (ii) through (v),’’ before
‘‘shall reallocate’’.
Subsec.
(h)(1)(C)(iv),
(v).
Pub.
L.
115–334,
§ 4005(d)(1)(B)(ii), added cls. (iv) and (v).
Subsec. (h)(1)(D). Pub. L. 115–334, § 4005(d)(1)(C), substituted ‘‘$100,000’’ for ‘‘$50,000’’.
Subsec. (h)(5)(B)(v). Pub. L. 115–334, § 4005(d)(2), added
cl. (v).
2014—Subsec. (a). Pub. L. 113–79, § 4030(i), made technical amendment to reference in original act which was
executed in text by striking out period after ‘‘section
1610(b) of title 43’’ in proviso following cl. (8).
Subsec. (a)(4). Pub. L. 113–79, § 4018(a), inserted ‘‘designed to persuade an individual to apply for program
benefits or that promote the program through television, radio, or billboard advertisements’’ after ‘‘recruitment activities’’.
Subsec. (c)(1)(A). Pub. L. 113–79, § 4019, designated existing provisions as cl. (i), inserted heading, and added
cl. (ii).
Subsec.
(c)(1)(D)(i).
Pub.
L.
113–79,
§ 4020(a),
(b)(2)(A)(i), redesignated subcls. (II) to (IV) as (I) to
(III), respectively, substituted ‘‘and (II)’’ for ‘‘through
(III)’’ in subcl. (III), and struck out former subcl. (I)
which read as follows: ‘‘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’);’’.
Subsec. (c)(1)(D)(ii). Pub. L. 113–79, § 4020(b)(2)(A)(ii),
struck out ‘‘waiver amount or’’ before ‘‘new investment’’.
Subsec. (c)(1)(E)(i). Pub. L. 113–79, § 4020(b)(2)(B), substituted ‘‘(D)(i)(II)’’ for ‘‘(D)(i)(III)’’.
Subsec. (c)(1)(F). Pub. L. 113–79, § 4020(b)(2)(C), substituted ‘‘(D)(i)(I)’’ for ‘‘(D)(i)(II)’’ wherever appearing.
Subsec. (d)(5). Pub. L. 113–79, § 4021, added par. (5).
Subsec. (h)(1)(A). Pub. L. 113–79, § 4022(a)(1)(A), substituted ‘‘24 months’’ for ‘‘15 months’’ and struck out
‘‘, except that for fiscal year 2013 and fiscal year 2014,
the amount shall be $79,000,000’’ before period at end.
Pub. L. 113–76 inserted ‘‘and fiscal year 2014’’ after
‘‘2013’’.
Subsec. (h)(1)(C). Pub. L. 113–79, § 4022(a)(1)(B), designated existing provisions as cl. (i), inserted heading,
and added cls. (ii) and (iii).
Subsec. (h)(1)(F). Pub. L. 113–79, § 4022(a)(1)(C), added
subpar. (F).
Subsec. (h)(3), (4). Pub. L. 113–79, § 4022(b)(2), inserted
‘‘or a pilot project under paragraph (1)(F)’’ after ‘‘section 2015(d)(4) of this title’’.

Page 1350

Subsec. (h)(5). Pub. L. 113–79, § 4022(a)(2), added par. (5)
and struck out former par. (5) which read as follows:
‘‘The Secretary shall monitor the employment and
training programs carried out by State agencies under
section 2015(d)(4) of this title 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.’’
2013—Subsec. (h)(1)(A). Pub. L. 112–240 inserted
‘‘, except that for fiscal year 2013, the amount shall be
$79,000,000’’ before period at end.
2008—Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp
program’’ wherever appearing in subsecs. (a) to (c), (e),
(i), and (k).
Subsec. (a)(2), (3). Pub. L. 110–246, § 4115(b)(11), substituted ‘‘benefits’’ for ‘‘coupons’’.
Subsec. (a)(4). Pub. L. 110–246, § 4002(a)(8)(A), substituted ‘‘informational activities relating to the supplemental nutrition assistance program’’ for ‘‘food
stamp informational activities’’.
Subsec. (c)(9)(C). Pub. L. 110–246, § 4002(a)(8)(B), substituted ‘‘the caseload under the supplemental nutrition assistance program’’ for ‘‘food stamp caseload’’.
Subsec. (g). Pub. L. 110–246, § 4121, added subsec. (g)
and struck out former subsec. (g) which read as follows:
‘‘The Secretary is authorized to pay to each State
agency the amount provided under subsection (a)(6) of
this section for 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 chapter, (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: 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.’’
Subsec. (h)(1)(A). Pub. L. 110–246, § 4406(a)(3)(A), substituted provisions relating to reservation of $90,000,000
for each fiscal year for provisions relating to reservation of $75,000,000 for fiscal year 1996, $79,000,000 for fiscal year 1997, $81,000,000 and an additional $131,000,000
for fiscal year 1998, $84,000,000 and an additional
$31,000,000 for fiscal year 1999, $86,000,000 and an additional $86,000,000 fiscal year 2000, $88,000,000 and an additional $131,000,000 for fiscal year 2001, and $90,000,000 for
each of fiscal years 2002 through 2007.
Pub. L. 110–246, § 4122, substituted ‘‘to remain available for 15 months’’ for ‘‘to remain available until expended’’.
Subsec. (h)(1)(E)(i). Pub. L. 110–246, § 4406(a)(3)(B), substituted ‘‘for each fiscal year’’ for ‘‘for each of fiscal
years 2002 through 2007’’ in introductory provisions.
Pub. L. 110–246, § 4002(a)(8)(C), substituted ‘‘members
of households receiving supplemental nutrition assistance program benefits’’ for ‘‘food stamp recipients’’ in
introductory provisions.
Subsec. (k)(3)(A). Pub. L. 110–246, § 4406(a)(4)(A),
struck out ‘‘effective for each of fiscal years 1999
through 2007,’’ before ‘‘the Secretary shall reduce’’.
Subsec. (k)(3)(B)(ii). Pub. L. 110–246, § 4406(a)(4)(B),
struck out ‘‘through fiscal year 2007’’ after ‘‘for each
subsequent fiscal year’’.
2002—Subsec. (c). Pub. L. 107–171, § 4118(a)(1), inserted
heading.
Subsec. (c)(1). Pub. L. 107–171, § 4118(a)(1), added par.
(1) and struck out former par. (1) which related to payment error improvement system.
Subsec. (c)(4). Pub. L. 107–171, § 4118(a)(2), inserted
heading and substituted ‘‘The Secretary may require a

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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).’’ for ‘‘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, enhanced
administrative funding, or claim for payment error,
under this subsection.’’
Subsec. (c)(5). Pub. L. 107–171, § 4118(a)(3), inserted
heading and substituted ‘‘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).’’
for ‘‘To facilitate the implementation of this subsection each State agency shall submit to the Secretary expeditiously data regarding its operations in
each fiscal year sufficient for the Secretary to establish the payment error rate for the State agency for
such fiscal year and determine the amount of either incentive payments under paragraph (1)(A) or claims
under paragraph (1)(C). The Secretary shall make a determination for a fiscal year, and notify the State
agency of such determination, within nine months following the end of each fiscal year.’’ and ‘‘paragraph (1)
for a fiscal year’’ for ‘‘paragraph (1)(C) for a fiscal
year’’.
Subsec. (c)(6). Pub. L. 107–171, § 4118(a)(4), inserted
heading, designated first sentence as subpar. (A), inserted heading, struck out ‘‘and incentive payments or
claims pursuant to paragraphs (1)(A) and (1)(C)’’ after
‘‘State agencies of their error rates’’, and substituted
‘‘paragraph (8)’’ for ‘‘paragraph (5)’’ in two places, designated second sentence as subpar. (B) and inserted
heading, designated third sentence as subpar. (C), inserted heading, and substituted ‘‘the liability amount
of a State under paragraph (1)(C)’’ for ‘‘the State share
of the cost of payment error under paragraph (1)(C)’’
and ‘‘paragraph (8)’’ for ‘‘paragraph (5)’’, and added subpar. (D).
Subsec. (c)(7). Pub. L. 107–171, § 4118(a)(5), inserted
heading, designated existing provisions as subpar. (A),
inserted heading, substituted ‘‘Except as provided in
subparagraphs (B) and (C), if the Secretary asserts a financial claim against or establishes a liability amount
with respect to’’ for ‘‘If the Secretary asserts a financial claim against’’ and ‘‘paragraph (1)’’ for ‘‘paragraph
(1)(C)’’, and added subpars. (B) and (C).
Subsec. (c)(8)(A). Pub. L. 107–171, § 4118(a)(6)(A), substituted ‘‘paragraph (1)’’ for ‘‘paragraph (1)(C)’’.
Subsec. (c)(8)(B). Pub. L. 107–171, § 4119(a)(1), substituted ‘‘the first May 31 after the end of the fiscal
year referred to in subparagraph (A)’’ for ‘‘180 days
after the end of the fiscal year’’.
Subsec. (c)(8)(C). Pub. L. 107–171, § 4119(a)(2), substituted ‘‘the first June 30 after the end of the fiscal
year referred to in subparagraph (A)’’ for ‘‘30 days
thereafter’’ in introductory provisions.
Subsec. (c)(8)(C)(i). Pub. L. 107–171, § 4118(a)(6)(B)(i),
substituted ‘‘payment claimed against State agencies
or liability amount established with respect to State
agencies;’’ for ‘‘payment claimed against State agencies; and’’.
Subsec. (c)(8)(C)(ii). Pub. L. 107–171, § 4118(a)(6)(B)(ii),
substituted ‘‘claims or liability amounts; and’’ for
‘‘claims.’’
Subsec.
(c)(8)(C)(iii).
Pub.
L.
107–171,
§ 4118(a)(6)(B)(iii), added cl. (iii).
Subsec. (c)(8)(D), (H). Pub. L. 107–171, § 4118(a)(6)(C),
inserted ‘‘or liability amount’’ after ‘‘claim’’ wherever
appearing.
Subsec. (d). Pub. L. 107–171, § 4120(a), added subsec. (d)
and struck out former subsec. (d) which read as follows:
‘‘The Secretary shall undertake the following studies of
the payment error improvement system established
under subsection (c) of this section:

§ 2025

‘‘(1) An assessment of the feasibility of measuring
payment errors due to improper denials and terminations of benefits or otherwise developing performance standards with financial consequences for improper denials and terminations, including incorporation in subsection (c) of this section. The Secretary
shall report the results of such study and the recommendations of the Secretary to the Congress by
July 1, 1990.
‘‘(2) An evaluation of the effectiveness of the system of program improvement initiated under this
section that shall be reported to the Congress along
with the Secretary’s recommendations no later than
3 years from September 19, 1988.’’
Subsec. (h)(1)(A)(vii). Pub. L. 107–171, § 4121(a)(1),
added cl. (vii) and struck out former cl. (vii) which read
as follows: ‘‘for fiscal year 2002—
‘‘(I) $90,000,000; and
‘‘(II) an additional amount of $75,000,000.’’
Subsec. (h)(1)(B). Pub. L. 107–171, § 4121(a)(2), added
subpar. (B) and struck out heading and text of former
subpar. (B). Text read as follows:
‘‘(i) ALLOCATION FORMULA.—The Secretary shall allocate the amounts reserved under subparagraph (A)
among the State agencies using a reasonable formula,
as determined and adjusted by the Secretary each fiscal year, to reflect—
‘‘(I) changes in each State’s caseload (as defined in
section 2015(o)(6)(A) of this title);
‘‘(II) for fiscal year 1998, the portion of food stamp
recipients who reside in each State who are not eligible for an exception under section 2015(o)(3) of this
title; and
‘‘(III) for each of fiscal years 1999 through 2002, the
portion of food stamp recipients who reside in each
State who are not eligible for an exception under section 2015(o)(3) of this title and who—
‘‘(aa) do not reside in an area subject to a waiver
granted by the Secretary under section 2015(o)(4) of
this title; or
‘‘(bb) do reside in an area subject to a waiver
granted by the Secretary under section 2015(o)(4) of
this title, if the State agency provides employment
and training services in the area to food stamp recipients who are not eligible for an exception under
section 2015(o)(3) of this title.
‘‘(ii) ESTIMATED FACTORS.—The Secretary shall estimate the portion of food stamp recipients who reside in
each State who are not eligible for an exception under
section 2015(o)(3) of this title based on the survey conducted to carry out subsection (c) of this section for fiscal year 1996 and such other factors as the Secretary
considers appropriate due to the timing and limitations
of the survey.
‘‘(iii) REPORTING REQUIREMENT.—A State agency shall
submit such reports to the Secretary as the Secretary
determines are necessary to ensure compliance with
this paragraph.’’
Subsec. (h)(1)(E) to (G). Pub. L. 107–171, § 4121(a)(3),
added subpar. (E) and struck out heading and text of
former subpars. (E) to (G) which related to use of funds,
maintenance of effort, and component costs, respectively.
Subsec. (h)(3). Pub. L. 107–171, § 4121(d), substituted
‘‘the amount of the reimbursement for dependent care
expenses shall not exceed’’ for ‘‘such total amount shall
not exceed an amount representing $25 per participant
per month for costs of transportation and other actual
costs (other than dependent care costs) and’’.
Subsec. (k)(3)(A). Pub. L. 107–171, § 4122(a)(1), substituted ‘‘2007’’ for ‘‘2002’’.
Subsec. (k)(3)(B)(ii). Pub. L. 107–171, § 4122(a)(2), substituted ‘‘2007’’ for ‘‘2002’’.
1999—Subsec. (a). Pub. L. 106–78, which directed the
amendment of ‘‘the Food Stamp Act (Public Law
95–113, section 16(a))’’ by inserting ‘‘or in a Native village within the State of Alaska identified in section
1610(b) of title 43.’’ before ‘‘such amounts’’, was executed by making the amendment to this section, which
is section 16(a) of the Food Stamp Act of 1977, Pub. L.

§ 2025

TITLE 7—AGRICULTURE

88–525, as amended by Pub. L. 95–113, to reflect the probable intent of Congress.
1998—Subsec. (a). Pub. L. 105–185, § 502(a)(1), substituted ‘‘Subject to subsection (k), the Secretary’’ for
‘‘The Secretary’’ in first sentence.
Subsec. (h)(1)(A)(iv)(II). Pub. L. 105–185, § 501(1), substituted ‘‘$31,000,000’’ for ‘‘$131,000,000’’.
Subsec. (h)(1)(A)(v)(II). Pub. L. 105–185, § 501(2), substituted ‘‘$86,000,000’’ for ‘‘$131,000,000’’.
Subsec. (k). Pub. L. 105–185, § 502(a)(2), added subsec.
(k).
1997—Subsec. (h)(1). Pub. L. 105–33 added par. (1) and
struck out former par. (1) consisting of subpars. (A) to
(D) requiring the Secretary to reserve for allocation to
State agencies specified amounts for fiscal years 1996 to
2002 to carry out employment and training programs.
1996—Subsec. (a). Pub. L. 104–193, §§ 844(c), 847, inserted ‘‘but not including recruitment activities,’’ before ‘‘(5) fair’’ and substituted ‘‘35 percent of the value
of all funds or allotments recovered or collected pursuant to sections 2015(b) and 2022(c) of this title 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’’ for ‘‘25 percent during the period beginning October 1, 1990, and
ending September 30, 1995, and 50 percent thereafter of
the value of all funds or allotments recovered or collected pursuant to subsections (b)(1) and (c) of section
2022 of this title and 10 percent during the period beginning October 1, 1990, and ending September 30, 1995, and
25 percent thereafter of the value of all funds or allotments recovered or collected pursuant to section
2022(b)(2) of this title, except the value of funds or allotments recovered or collected pursuant to section
2022(b)(2) of this title which arise’’.
Subsec. (b). Pub. L. 104–193, §§ 848(a), 849, added subsec.
(b) and struck out former subsec. (b) which read as follows: ‘‘The Secretary shall (1) establish standards for
the efficient and effective administration of the food
stamp program by the States, including standards for
the periodic review of the hours that food stamp offices
are open during the day, week, or month to ensure that
employed individuals are adequately served by the food
stamp program, and (2) instruct each State to submit,
at regular intervals, reports which shall specify the
specific administrative actions proposed to be taken
and implemented in order to meet the efficiency and effectiveness standards established pursuant to clause (1)
of this subsection.’’
Subsec. (c)(1)(B). Pub. L. 104–193, § 848(b)(2), struck out
‘‘pursuant to subsection (b) of this section’’ after ‘‘by
the States’’.
Subsec. (g)(4). Pub. L. 104–193, § 109(c), substituted
‘‘State programs funded under part A of’’ for ‘‘State
plans under the Aid to Families with Dependent Children Program under’’.
Subsec. (h). Pub. L. 104–193, § 817(b), inserted subsec.
heading.
Subsec. (h)(1). Pub. L. 104–193, § 817(b), added par. (1)
and struck out former par. (1) which authorized Secretary to allocate funds among State agencies for each
of the fiscal years 1991 through 2002 to carry out employment and training program under section 2015(d)(4)
of this title.
Pub. L. 104–127, § 401(b), substituted ‘‘2002’’ for ‘‘1995’’
wherever appearing in subpars. (A), (B), (D), and (E)(ii).
Subsec. (h)(2). Pub. L. 104–193, § 817(c), inserted before
period at end ‘‘, including the costs for case management and casework to facilitate the transition from
economic dependency to self-sufficiency through
work’’.
Subsec. (h)(5). Pub. L. 104–193, § 817(d)(1), struck out
‘‘(A)’’ before ‘‘The Secretary shall’’ and struck out subpar. (B) which read as follows: ‘‘The Secretary shall,
not later than January 1, 1989, report to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate on the effectiveness of such employment
and training programs.’’
Subsec. (h)(6). Pub. L. 104–193, § 817(d)(2), struck out
par. (6) which read as follows: ‘‘The Secretary shall de-

Page 1352

velop, and transmit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, a
proposal for modifying the rate of Federal payments
under this subsection so as to reflect the relative effectiveness of the various States in carrying out employment and training programs under section 2015(d)(4) of
this title.’’
1995—Subsec. (i)(3). Pub. L. 104–66 struck out par. (3)
which read as follows: ‘‘Not later than 12 months after
December 23, 1985, and each 12 months thereafter, the
Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that lists project areas identified under
paragraph (1) and describes any procedures required to
be carried out under paragraph (2).’’
1994—Subsec. (e). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health
and Human Services’’ in two places.
1993—Subsec. (a). Pub. L. 103–66, § 13961(1), added cls.
(6) to (8) and in proviso struck out ‘‘authorized to pay
each State agency an amount not less than 75 per centum of the costs of State food stamp program investigations and prosecutions, and is further’’ after ‘‘That
the Secretary is’’.
Subsec. (c)(1)(C). Pub. L. 103–66, § 13951(c)(1), substituted ‘‘national performance measure’’ for ‘‘payment
error tolerance level’’ and substituted ‘‘equal to—’’ followed by cl. (i) for ‘‘equal to its payment error rate less
such tolerance level times the total value of allotments
issued in such a fiscal year by such State agency.’’
Subsec. (c)(3)(A). Pub. L. 103–66, § 13951(c)(2), substituted ‘‘120 days’’ for ‘‘60 days (or 90 days at the discretion of the Secretary)’’.
Subsec. (c)(6). Pub. L. 103–66, § 13951(c)(3), struck out
‘‘shall be used to establish a payment-error tolerance
level. Such tolerance level for any fiscal year will be
one percentage point added to the lowest national performance measure ever announced up to and including
such fiscal year under this section. The payment-error
tolerance level’’ after ‘‘The announced national performance measure’’.
Subsec. (c)(8), (9). Pub. L. 103–66, § 13951(c)(4), added
pars. (8) and (9).
Subsec. (g). Pub. L. 103–66, § 13961(2), which directed
the substitution of ‘‘the amount provided under subsection (a)(6) of this section for’’ for ‘‘an amount equal
to 63 percent effective on October 1, 1991, of’’, was executed to reflect the probable intent of Congress by
making the substitution for ‘‘an amount equal to—
‘‘63 percent effective on October 1, 1991, of’’.
Subsec. (h)(3). Pub. L. 103–66, § 13922(c), substituted
‘‘equal to the payment made under section
2015(d)(4)(I)(i)(II) of this title but not more than the applicable local market rate,’’ for ‘‘representing $160 per
month per dependent’’.
Subsecs. (j), (k). Pub. L. 103–66, § 13961(3), (4), redesignated subsec. (k) as (j) and struck out former subsec. (j)
which read as follows: ‘‘The Secretary is authorized to
pay to each State agency an amount equal to 100 per
centum of the costs incurred by the State agency in
implementing and operating the immigration status
verification system described in section 1137(d) of the
Social Security Act.’’
1991—Subsec. (g). Pub. L. 102–237, § 941(7)(A), inserted
a comma after ‘‘1991’’.
Subsec. (h)(4). Pub. L. 102–237, § 941(7)(B), substituted
‘‘this chapter’’ for ‘‘the chapter’’.
1990—Subsec. (a). Pub. L. 101–624, § 1750, substituted
‘‘25 percent during the period beginning October 1, 1990,
and ending September 30, 1995, and 50 percent thereafter’’ for ‘‘50 per centum’’, and ‘‘10 percent during the
period beginning October 1, 1990, and ending September
30, 1995, and 25 percent thereafter’’ for ‘‘25 per centum’’.
Subsec. (g). Pub. L. 101–624, § 1752(a), substituted
‘‘The’’ for ‘‘Effective October 1, 1980, the’’ and ‘‘63 percent effective on October 1, 1991’’ for ‘‘75 per centum’’.
Subsec. (h)(1). Pub. L. 101–624, § 1753, amended par. (1)
generally. Prior to amendment, par. (1) read as follows:

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TITLE 7—AGRICULTURE

‘‘The Secretary shall allocate among the State agencies in each fiscal year, from funds appropriated for
such fiscal year under section 2027(a)(1) of this title, the
amount of $40,000,000 for the fiscal year ending September 30, 1986, $50,000,000 for the fiscal year ending
September 30, 1987, $60,000,000 for the fiscal year ending
September 30, 1988, and $75,000,000 for each of the fiscal
years ending September 30, 1989 and September 30, 1990,
to carry out the employment and training program
under section 2015(d)(4) of this title, except as provided
in paragraph (3), during such fiscal year.’’
1988—Subsec. (a)(4). Pub. L. 100–435, § 204(b), substituted ‘‘, including those undertaken’’ for ‘‘permitted’’.
Subsec. (c). Pub. L. 100–435, § 604(1), added subsec. (c)
and struck out former subsec. (c) which related to
State incentives for reducing error.
Subsec. (d). Pub. L. 100–435, § 604(2), added subsec. (d)
and struck out former subsec. (d) which defined ‘‘payment error rate’’ and instituted error rate reduction
program.
Subsec. (h). Pub. L. 100–435, § 321(c), redesignated subsec. (h), relating to payment of costs of immigration
status verification system, as (j).
Subsec. (h)(3). Pub. L. 100–435, § 404(g), inserted ‘‘for
costs of transportation and other actual costs (other
than dependent care costs) and an amount representing
$160 per month per dependent’’ after ‘‘month’’.
Subsec. (h)(6). Pub. L. 100–435, § 404(e), added par. (6).
Subsec. (j). Pub. L. 100–435, § 321(c), redesignated subsec. (h), relating to payment of costs of immigration
status verification system, as (j).
Subsec. (k). Pub. L. 100–435, § 321(b), added subsec. (k).
1987—Subsec. (a). Pub. L. 100–77 substituted ‘‘(4) food
stamp informational activities permitted under section
2020(e)(1)(A) of this title, and (5)’’ for ‘‘and (4)’’ in first
sentence.
1986—Subsec. (h). Pub. L. 99–603 added, at end of section, subsec. (h) relating to payment of costs of immigration status verification system.
1985—Subsec. (a). Pub. L. 99–198, § 1535(c)(1), substituted ‘‘subsections (b)(1) and (c) of section 2022 of
this title’’ for ‘‘section 2022(b)(1) of this title’’.
Subsec. (b)(1). Pub. L. 99–198, § 1524, inserted
‘‘, including standards for the periodic review of the
hours that food stamp offices are open during the day,
week, or month to ensure that employed individuals
are adequately served by the food stamp program,’’
after ‘‘States’’.
Subsec. (d)(2)(A). Pub. L. 99–198, § 1537(a)(1), inserted
‘‘less any amount payable as a result of the use by the
State agency of correctly processed information received from an automatic information exchange system
made available by any Federal department or agency’’.
Subsec. (d)(6). Pub. L. 99–198, § 1537(a)(2), added par.
(6).
Subsec. (h). Pub. L. 99–198, § 1517(c), added subsec. (h)
relating to authorization of appropriations, etc.
Subsec. (i). Pub. L. 99–198, § 1539, added subsec. (i).
1982—Subsec. (a). Pub. L. 97–253, § 179, inserted
‘‘, except the value of funds or allotments recovered or
collected pursuant to section 2022(b)(2) of this title
which arise from an error of a State agency’’.
Subsec. (c). Pub. L. 97–253, § 180(a)(1), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘The Secretary is authorized to adjust a State
agency’s federally funded share of administrative costs
pursuant to subsection (a) of this section, other than
the costs already shared in excess of 50 per centum as
described in the exception clause of subsection (a) of
this section, by increasing such share to (1) effective
October 1, 1978, 60 per centum of all such administrative costs in the case of a State agency whose (A) semiannual cumulative allotment error rates with respect
to eligibility, overissuance, and underissuance as calculated in the quality control program undertaken pursuant to subsection (d)(1) of this section are less than
five per centum and (B) whose rate of invalid decisions
in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this

§ 2025

section is less than a nationwide percentage that the
Secretary determines to be reasonable; (2) effective October 1, 1980, 65 per centum of all such administrative
costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; (3)
effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose
cumulative allotment error rate as determined under
paragraph (1)(A) of this subsection is greater than 5 per
centum but less than 8 per centum or the national
standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and (4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per
centum, and, effective October 1, 1981, which also meets
the standard contained in paragraph (1)(B) of this subsection. No State agency shall receive more than one of
the increased federally funded shares of administrative
costs set forth in paragraphs (1) through (4) of this subsection.’’
Subsec. (d). Pub. L. 97–253, § 180(a)(2), (3), added subsec. (d), and struck out former subsec. (d) which provided that effective October 1, 1981, and annually thereafter, each State not receiving an increased share of administrative costs pursuant to subsec. (c)(2) of this section was required to develop and submit to the Secretary for approval, as part of the plan of operation required to be submitted under section 2020(d) of this
title, a quality control plan for the State which had to
specify the actions such State proposes to take in order
to reduce the incidence of error rates in and the value
of food stamp allotments for households which failed to
meet basic program eligibility requirements, food
stamp allotments overissued to eligible households,
and food stamp allotments underissued to eligible
households, and (2) the incidence of invalid decisions in
certifying or denying eligibility.
Subsec. (e). Pub. L. 97–253, §§ 180(a)(2), 189(b)(3), redesignated subsec. (f) as (e), substituted reference to the
Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare. Former subsec. (e), which defined ‘‘quality control’’ as the monitoring and reduction of the rate of errors in determining basic eligibility and benefit levels,
was struck out.
Subsec. (f). Pub. L. 97–253, §§ 180(a)(2), 189(c), redesignated subsec. (h) as (f), substituted a period for the
semicolon, and struck out ‘‘and’’ at the end. Former
subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 97–253, § 180(a)(2), redesignated
former subsec. (i) as (g). Former subsec. (g), which related to State liability for error under this section, was
struck out.
Subsecs. (h), (i). Pub. L. 97–253, § 180(a)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively.
1981—Subsec. (a). Pub. L. 97–35 substituted provisions
relating to recovery through section 2022(b)(1) and (2) of
this title for provisions relating to recovery through
prosecutions or other State activities, substituted ‘‘determinations of ineligibility’’ for ‘‘determinations of
fraud’’, struck out ‘‘(1) outreach,’’ and redesignated cls.
(2) to (5) as (1) to (4), respectively.
Subsec. (b)(1). Pub. L. 97–98, § 1325, struck out
‘‘, including, but not limited to, staffing standards
such as caseload per certification worker limitations,’’
after ‘‘by the States’’.
Subsec. (c). Pub. L. 97–98, § 1326(1), inserted ‘‘, and, effective October 1, 1981, which also meets the standard
contained in paragraph (1)(B) of this subsection’’ after
‘‘exceeds 25 per centum’’.
Subsec. (d). Pub. L. 97–98, § 1326(2), substituted in provision preceding par. (1) ‘‘October 1, 1981’’ for ‘‘October
1, 1978’’ and ‘‘subsection (c)(2) of this section’’ for ‘‘subsection (c) of this section’’.
Subsec. (f). Pub. L. 97–98, § 1327, substituted ‘‘State
agencies shall’’ for ‘‘State agencies may’’.
1980—Subsec. (b). Pub. L. 96–249, § 121, struck out provisions requiring that if the Secretary finds that a

§ 2025

TITLE 7—AGRICULTURE

State has failed without good cause to meet any of the
Secretary’s standards, or has failed to carry out the approved State plan of operation under section 2020(d) of
this title, the Secretary withhold from the State such
funds authorized under subsections (a) and (c) of this
section as the Secretary determines to be appropriate.
Subsec. (c). Pub. L. 96–249, § 125, designated existing
provisions as par. (1), substituted ‘‘(A) semiannual cumulative’’ for ‘‘cumulative’’, and added subpar. (B) and
pars. (2) to (4).
Subsec. (g). Pub. L. 96–249, § 126, added subsec. (g).
Subsec. (h). Pub. L. 96–249, § 128, added subsec. (h).
Subsec. (i). Pub. L. 96–249, § 129, added subsec. (i).
1979—Subsec. (a). Pub. L. 96–58, § 6, authorized the
Secretary to permit each State to retain 50 per centum
of the value of all funds or allotments recovered or collected through prosecutions or other State activities
directed against individuals who fraudulently obtain
allotments as determined in accordance with this chapter but directed that officials responsible for making
determinations of fraud under this chapter should not
receive or benefit from revenues retained by the State
under the provisions of this subsection.
Subsec. (f). Pub. L. 96–58, § 4, added subsec. (f).
1977—Pub. L. 95–113 substituted revised provisions relating to administrative cost-sharing and quality control for provisions authorizing appropriations and relating to the financial operation of the program which
are now covered by section 2027 of this title.
1973—Subsec. (a). Pub. L. 93–86 extended authorization of appropriations from June 30, 1973, to June 30,
1977, and inserted provision relating to availability of
appropriated sums.
1971—Subsec. (a). Pub. L. 91–671 substituted appropriation authorization of ‘‘$1,750,000,000 for the fiscal
year ending June 30, 1971; and for the fiscal years ending June 30, 1972 and June 30, 1973 such sums as the
Congress may appropriate’’ for ‘‘$170,000,000 for the six
months ending December 31, 1970’’.
1969—Subsec. (a). Pub. L. 91–116 increased appropriation authorization limitation for fiscal year ending
June 30, 1970, from $340,000,000 to $610,000,000.
1968—Subsec. (a). Pub. L. 90–552 increased appropriations authorization limitation for fiscal year ending
June 30, 1969, from $225,000,000 to $315,000,000, authorized
appropriations of $340,000,000 and $170,000,000 for fiscal
year ending June 30, 1970, and for six months ending
Dec. 31, 1970, substituted ‘‘fiscal period’’ for ‘‘fiscal
year’’, and provided for submission of reports to Congress on or before January 20 of each year setting forth
operations under this chapter during preceding calendar year and projecting needs for ensuing calendar
year.
1967—Subsec. (a). Pub. L. 90–91 provided for appropriations for the fiscal years ending June 30, 1968 and 1969,
and inserted provision dealing with the carrying out of
this chapter only with funds appropriated from the general fund of the Treasury for the purposes of this chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by section 4022 of Pub. L. 113–79, other
than amendment by section 4022(a)(2) of Pub. L. 113–79,
applicable beginning on Feb. 7, 2014, see section
4022(c)(1) of Pub. L. 113–79, set out as a note under section 2014 of this title.
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 112–240 effective Sept. 30, 2012,
see section 701(j) of Pub. L. 112–240, set out in a 1-Year
Extension of Agricultural Programs note under section
8701 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-

Page 1354

wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(8), 4115(b)(11),
4121, 4122, and 4406(a)(3), (4) of Pub. L. 110–246 effective
Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out
as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by section 4118(a) of Pub. L. 107–171 not
applicable 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, see section 4118(e) of Pub. L. 107–171, set
out as a note under section 2022 of this title.
Pub. L. 107–171, title IV, § 4119(b), May 13, 2002, 116
Stat. 321, provided that: ‘‘The amendments made by
this section [amending this section] take effect on the
date of enactment of this Act [May 13, 2002].’’
Pub. L. 107–171, title IV, § 4120(b), May 13, 2002, 116
Stat. 323, provided that: ‘‘The amendment made by this
section [amending this section] takes effect on the date
of enactment of this Act [May 13, 2002].’’
Amendment by section 4121(a), (d) of Pub. L. 107–171
effective May 13, 2002, see section 4121(e) of Pub. L.
107–171, set out as a note under section 2015 of this title.
Amendment by section 4122(a) of Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date
note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–78, title VII, § 758, Oct. 22, 1999, 113 Stat.
1172, provided that the amendment made by section 758
is effective beginning in fiscal year 2001 and thereafter.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–185, title V, § 510(a), June 23, 1998, 112 Stat.
580, provided that: ‘‘The amendments made by sections
501 and 502 [amending this section] take effect on the
date of enactment of this Act [June 23, 1998].’’
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–33 effective Oct. 1, 1997,
without regard to whether regulations have been promulgated to implement such amendment, see section
1005(b) of Pub. L. 105–33, set out as a note under section
2015 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 109(c) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–66, title XIII, § 13971, Aug. 10, 1993, 107
Stat. 680, provided that:
‘‘(a) GENERAL EFFECTIVE DATE AND IMPLEMENTATION.—Except as provided in subsection (b), this chapter [chapter 3 (§§ 13901–13971) of title XIII of Pub. L.
103–66, amending this section and sections 2012, 2014,
2015, 2017, 2020 to 2023, 2026, and 2028 of this title, and en-

Page 1355

§ 2025

TITLE 7—AGRICULTURE

acting provisions set out as a note under section 2011 of
this title] and the amendments made by this chapter
shall take effect, and shall be implemented beginning
on, October 1, 1993.
‘‘(b) SPECIAL EFFECTIVE DATES AND IMPLEMENTATION.—(1)(A) Except as provided in subparagraph (B),
section 13951 [amending this section and sections 2022
and 2023 of this title] shall take effect on October 1,
1991.
‘‘(B) The amendment made by section 13951(c)(2)
[amending this section] shall take effect on October 1,
1992.
‘‘(2)(A) Except as provided in subparagraph (B), the
amendments made by section 13961 [amending this section] shall be effective with respect to calendar quarters beginning on or after April 1, 1994.
‘‘(B) In the case of a State whose legislature meets biennially, and does not have a regular session scheduled
in calendar year 1994, and that demonstrates to the satisfaction of the Secretary of Agriculture that there is
no mechanism, under the constitution and laws of the
State, for appropriating the additional funds required
by the amendments made by this section before the
next such regular legislative session, the Secretary
may delay the effective date of all or part of the
amendments made by section 13961 [amending this section] until the beginning date of a calendar quarter
that is not later than the first calendar quarter beginning after the close of the first regular session of the
State legislature after the date of enactment of this
Act [Aug. 10, 1993].
‘‘(3) Sections 13912(a) and 13912(b)(1) [amending section 2014 of this title] shall take effect, and shall be implemented beginning on, July 1, 1994.
‘‘(4) Sections 13911, 13913, 13914, 13915, 13916, 13922,
13924, 13931, 13932, and 13942 [amending this section and
sections 2012, 2014, 2015, and 2017 of this title] shall take
effect, and shall be implemented beginning on, September 1, 1994.
‘‘(5)(A) Except as provided in subparagraph (B), section 13921 [amending section 2014 of this title] shall
take effect, and shall be implemented beginning on,
September 1, 1994.
‘‘(B) State agencies shall implement the amendment
made by section 13921 not later than October 1, 1995.
‘‘(6) Section 13912(b)(2) [amending section 2014 of this
title] shall take effect, and shall be implemented beginning on, January 1, 1997.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1750 of Pub. L. 101–624 effective Oct. 1, 1990, amendment by section 1752(a) of Pub.
L. 101–624 effective and implemented first day of month
beginning 120 days after publication of implementing
regulations to be promulgated not later than Oct. 1,
1991, and amendment by section 1753 of Pub. L. 101–624
effective Nov. 28, 1990, see section 1781(a), (b)(1), (2) of
Pub. L. 101–624, set out as a note under section 2012 of
this title.
Pub. L. 101–624, title XVII, § 1752(b), Nov. 28, 1990, 104
Stat. 3797, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(KK), May 22, 2008, 122 Stat. 1096, 1098;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(KK),
June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘The amendment made by subsection (a)(2) [amending
this section] shall not apply to proposals for automatic
data processing and information retrieval systems
under section 16(g) of the Food and Nutrition Act of
2008 [7 U.S.C. 2025(g)] that were approved by the Secretary of Agriculture prior to the date of enactment of
this Act [Nov. 28, 1990].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by sections 204(b), 321(b), and 404(e) of
Pub. L. 100–435 to be effective and implemented on July

1, 1989, amendment by section 321(c) of Pub. L. 100–435
to be effective and implemented on Sept. 19, 1988,
amendment by section 404(g) of Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, and amendment by section 604 of Pub. L. 100–435 effective Oct. 1,
1985, with respect to claims under subsec. (c) of this
section for quality control review periods after such
date, except as otherwise provided, except that amendment by sections 204(b), 321(b), (c), 404(e), (g) of Pub. L.
100–435 to become effective and implemented on Oct. 1,
1989, if final order is issued under section 902(b) of Title
2, The Congress, for fiscal year 1989 making reductions
and sequestrations specified in the report required
under section 901(a)(3)(A) of Title 2, see section 701(a),
(b)(1), (4), (5), (c)(2) of Pub. L. 100–435, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–603 effective Oct. 1, 1987,
see section 121(c)(2) of Pub. L. 99–603, set out as a note
under section 502 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–198, title XV, § 1537(a), Dec. 23, 1985, 99 Stat.
1585, provided that the amendment made by section
1537(a) is effective with respect to the fiscal year beginning Oct. 1, 1985, and each fiscal year thereafter.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by section 179 of Pub. L. 97–253 effective
Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out
as a note under section 2012 of this title.
Enactment by section 180(a) of Pub. L. 97–253 effective
Oct. 1, 1982, see section 193(b) of Pub. L. 97–253, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by Pub. L. 97–35 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
Amendment by Pub. L. 97–35 effective and implemented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Secretary of Agriculture to issue final regulations
implementing the amendment of this section by Pub.
L. 96–58 within 150 days after Aug. 14, 1979, see section
10(b) of Pub. L. 96–58, set out as a note under section
2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
REGULATIONS
Secretary of Agriculture to promulgate regulations
necessary to implement amendment of this section by
Pub. L. 105–33, not later than one year after Aug. 5,
1997, see section 1005(a) of Pub. L. 105–33, set out as a
note under section 2015 of this title.

§ 2025

TITLE 7—AGRICULTURE
PROCESS FOR SELECTING PILOT PROGRAMS

Pub. L. 113–79, title IV, § 4022(c)(2), Feb. 7, 2014, 128
Stat. 808, provided that:
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Feb. 7, 2014], the Secretary [of Agriculture] shall—
‘‘(i) develop and publish the process for selecting
pilot projects under section 16(h)(1)(F) of the Food
and Nutrition Act of 2008 [7 U.S.C. 2025(h)(1)(F)] (as
added by subsection (a)(1)(C)); and
‘‘(ii) issue such request for proposals for the independent evaluation as is determined appropriate by
the Secretary.
‘‘(B) APPLICATION.—The Secretary shall begin considering proposals not earlier than 90 days after the date
on which the Secretary completes the actions described
in subparagraph (A).
‘‘(C) SELECTION.—Not later than 180 days after the
date on which the Secretary completes the actions described in subparagraph (A), the Secretary shall select
pilot projects from the applications submitted in response to the request for proposals issued under subparagraph (A).’’
MONITORING OF EMPLOYMENT AND TRAINING PROGRAMS
Pub. L. 113–79, title IV, § 4022(c)(3), Feb. 7, 2014, 128
Stat. 809, provided that:
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this Act [Feb. 7, 2014], the Secretary [of Agriculture] shall issue interim final regulations implementing the amendments made by subsection (a)(2) [amending this section].
‘‘(B) STATE ACTION.—States shall include reporting
measures required under section 16(h)(5) of the Food
and Nutrition Act of 2008 [7 U.S.C. 2025(h)(5)] (as amended by subsection (a)(2)) in the employment and training
plans of the States for the first full fiscal year that begins not earlier than 180 days after the date that the
regulations described in subparagraph (A) are published.’’
CARRYOVER FUNDS
Pub. L. 107–171, title IV, § 4121(b), May 13, 2002, 116
Stat. 323, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(C), May 22, 2008, 122 Stat. 1096; Pub. L.
110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(C), June 18,
2008, 122 Stat. 1664, 1857, 1858, provided that: ‘‘Notwithstanding any other provision of law, funds provided
under section 16(h)(1)(A) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(h)(1)(A)) for any fiscal year before
fiscal year 2002 shall be rescinded on the date of enactment of this Act [May 13, 2002], unless obligated by a
State agency before that date.’’
REVIEW OF METHODOLOGY USED TO MAKE CERTAIN
DETERMINATIONS
Pub. L. 105–185, title V, § 502(b), June 23, 1998, 112 Stat.
578, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(G), May 22, 2008, 122 Stat. 1096, 1097;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(G),
June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that:
‘‘Not later than 1 year after the date of enactment
[June 23, 1998], the Comptroller General of the United
States shall—
‘‘(1) review the adequacy of the methodology used
in making the determinations required under section
16(k)(2)(B) of the Food and Nutrition Act of 2008 [7
U.S.C. 2025(k)(2)(B)] (as added by subsection (a)(2));
and
‘‘(2) submit a written report on the results of the
review to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.’’
REPORT TO CONGRESS
Pub. L. 105–33, title I, § 1002(b), Aug. 5, 1997, 111 Stat.
254, provided that: ‘‘Not later than 30 months after the
date of enactment of this Act [Aug. 5, 1997], the Sec-

Page 1356

retary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report regarding whether the amounts
made available under section 16(h)(1)(A) of the Food
Stamp Act of 1977 [now the Food and Nutrition Act of
2008, 7 U.S.C. 2025(h)(1)(A)] (as a result of the amendment made by subsection (a)) have been used by State
agencies to increase the number of work slots for recipients subject to section 6(o) of the Food Stamp Act
of 1977 (7 U.S.C. 2015(o)) in employment and training
programs and workfare in the most efficient and effective manner practicable.’’
QUALITY CONTROL SANCTIONS
Pub. L. 101–624, title XVII, § 1751, Nov. 28, 1990, 104
Stat. 3797, provided that:
‘‘(a) IN GENERAL.—No disallowance or other similar
action shall be applied to or collected from any State
for any of the fiscal years 1983, 1984, or 1985 under section 16(c) of the Food Stamp Act of 1977 (7 U.S.C.
2025(c)) or any predecessor statutory or regulatory provision relating to disallowances or other similar actions for erroneous issuances made in carrying out a
State plan under such Act [7 U.S.C. 2011 et seq.], except
for amounts to be paid or collected after the date of enactment of this Act [Nov. 28, 1990] pursuant to settlement agreements which do not provide for payment adjustments based on future changes in law.
‘‘(b) APPLICATION.—Subsection (a) shall also apply to
disallowances described in subsection (a) with respect
to which an administrative or judicial appeal is pending on the date of enactment of this Act [Nov. 28, 1990],
including any such disallowance that has been collected before such date.’’
QUALITY CONTROL STUDIES AND PENALTY MORATORIUM
Pub. L. 99–198, title XV, § 1538, Dec. 23, 1985, 99 Stat.
1587, as amended by Pub. L. 99–260, § 12, Mar. 20, 1986, 100
Stat. 52, provided that:
‘‘(a)(1)(A) The Secretary of Agriculture (hereinafter
referred to in this section as the ‘Secretary’) shall conduct a study of the quality control system used for the
food stamp program established under the Food Stamp
Act of 1977 [now the Food and Nutrition Act of 2008] (7
U.S.C. 2011 et seq.).
‘‘(B) The study shall—
‘‘(i) examine how best to operate such system in
order to obtain information that will allow the State
agencies to improve the quality of administration;
and
‘‘(ii) provide reasonable data on the basis of which
Federal funding may be withheld for State agencies
with excessive levels of erroneous payments.
‘‘(2)(A) The Secretary shall also contract with the
National Academy of Sciences to conduct a concurrent
independent study for the purpose described in paragraph (1).
‘‘(B) For purposes of such study, the Secretary shall
provide to the National Academy of Sciences any relevant data available to the Secretary at the onset of
the study and on an ongoing basis.
‘‘(3) Not later than 1 year after the date the Secretary
and the National Academy of Sciences enter into the
contract required under paragraph (2), the Secretary
and the National Academy of Sciences shall report the
results of their respective studies to the Congress.
‘‘(b)(1) During the 6-month period beginning on the
date of enactment of this Act [Dec. 23, 1985] (hereinafter in this section referred to as the ‘moratorium period’), the Secretary shall not impose any reductions in
payments to State agencies pursuant to section 16 of
the Food Stamp Act of 1977 (7 U.S.C. 2025).
‘‘(2) During the moratorium period, the Secretary and
the State agencies shall continue to—
‘‘(A) operate the quality control systems in effect
under the Food Stamp Act of 1977 [7 U.S.C. 2011 et
seq.]; and
‘‘(B) calculate error rates under section 16 of such
Act [7 U.S.C. 2025].

Page 1357

TITLE 7—AGRICULTURE

‘‘(c)(1) Not later than 6 months after the date on
which the results of both studies required under subsection (a)(3) have been reported, the Secretary shall
publish regulations that shall—
‘‘(A) restructure the quality control system used
under the Food Stamp Act of 1977 [7 U.S.C. 2011 et
seq.] to the extent the Secretary determines to be appropriate, taking into account the studies conducted
under subsection (a); and
‘‘(B) establish, taking into account the studies conducted under subsection (a), criteria for adjusting the
reductions that shall be made for quarters prior to
the implementation of the restructured quality control system so as to eliminate reductions for those
quarters that would not be required if the restructured quality control system had been in effect during those quarters.
‘‘(2) Beginning 6 months after the date on which the
results of both studies required under subsection (a)(3)
have been reported, the Secretary shall—
‘‘(A) implement the restructured quality control
system; and
‘‘(B) reduce payments to State agencies—
‘‘(i) for quarters after implementation of such
system in accordance with the restructured quality
control system; and
‘‘(ii) for quarters before implementation of such
system, as provided under the regulations described
in paragraph (1)(B).’’
[References to the food stamp program established
under the Food and Nutrition Act of 2008 considered to
refer to the supplemental nutrition assistance program
established under that Act, see section 4002(c) of Pub.
L. 110–246, set out as a note under section 2012 of this
title.]

§ 2026. Research, demonstration, and evaluations
(a) Contracts or grants; issuance of aggregate allotments
(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 supplemental
nutrition assistance 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 supplemental nutrition assistance program
benefits do not exceed $20, at their option, to receive, in lieu of their supplemental nutrition assistance program benefits for the initial period
under section 2017 of this title 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 2020(e) of this title (except that no
household shall begin to receive combined allotments under this section until it has complied
with all applicable verification requirements of
section 2020(e)(3) of this title) and (with respect
to the first aggregate allotment so issued) within 40 days of the last benefit issuance.
(b) Pilot projects
(1)(A) The Secretary may conduct on a trial
basis, in one or more areas of the United States,
pilot or experimental projects designed to test
program changes that might increase the efficiency of the supplemental nutrition assistance

§ 2026

program and improve the delivery of supplemental nutrition assistance program benefits to
eligible households, and may waive any requirement of this chapter 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 supplemental nutrition assistance
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 supplemental nutrition assistance program 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.
ON
(iii)
RESTRICTIONS
PROJECTS.—If the Secretary

PERMISSIBLE

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 number of households in the State receiving supplemental nutrition assistance
program benefits; 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 or otherwise
providing benefits in a form not restricted to
the purchase of food, unless the project was
approved prior to August 22, 1996;
(II) has the effect of substantially transferring funds made available under this chapter
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
2012(m) of this title;
(bb) the last sentence of section 2014(a)
of this title, insofar as a waiver denies assistance to an otherwise eligible household
or individual if the household or individual
has not failed to comply with any work,
behavioral, or other conduct requirement
under this or another program;

§ 2026

TITLE 7—AGRICULTURE
(cc) section 2014(c)(2) of this title;
(dd) paragraph (2)(B), (4)(F)(i), or (4)(K)
of section 2015(d) of this title;
(ee) section 2017(b) of this title;
(ff) section 2020(e)(2)(B) of this title;
(gg) the time standard under section
2020(e)(3) of this title;
(hh) subsection (a), (c), (g), (h)(1)(F),
(h)(2), or (h)(3) of section 2025 of this title;
(ii) this paragraph; or
(jj) subsection (a)(1) or (g)(1) of section
2029 of this title;

(IV) modifies the operation of section 2014
of this title 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 supplemental nutrition assistance program deductions);
(V) is not limited to a specific time period;
(VI) waives a provision of section 2035 of
this title; or
(VII) waives a provision of section 2016(i)
of this title.
(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 identification
mechanisms that do not invade a household’s
privacy, and the use of food checks or other
voucher-type forms in place of EBT cards.
(vi) CASH PAYMENT PILOT PROJECTS.—Subject
to the availability of appropriations under section 2027(a) of this title, 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 shall be continued if
the State so requests.
(C)(i) No waiver or demonstration program
shall be approved under this chapter after November 28, 1990, unless—
(I) any household whose food assistance is
issued in a form other than EBT cards 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

Page 1358

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 chapter.
(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)(A) The Secretary may conduct demonstration projects to test improved consistency or coordination between the supplemental nutrition
assistance program 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 2015(d) of this title to permit a State to
operate an employment and training program
for supplemental nutrition assistance program
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 1 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) 1 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 requirements of subsections (a)(19) and (g) of section
402 1 of such Act (42 U.S.C. 602) (but not including
the provision of transitional benefits under
1 See

References in Text note below.

Page 1359

TITLE 7—AGRICULTURE

clauses (ii) through (vii) of section 402(g)(1)(A) 1)
and sections 481 through 487 1 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
supplemental nutrition assistance program benefits for purposes of the demonstration project.
(D) Notwithstanding the other provisions of
this paragraph, participation in an employment
and training activity in which supplemental nutrition assistance program 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
chapter affecting the rights of recipients may be
waived to the extent necessary to conform to
the provisions of section 402, and sections 481
through 487,1 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 August 22, 1996.
Any reference in this paragraph to a provision of
title IV of the Social Security Act [42 U.S.C. 601
et seq.] shall be deemed to be a reference to such
provision as in effect on the day before August
22, 1996.
(c) Evaluation measures; pilot programs for nutritional monitoring
The Secretary shall develop and implement
measures for evaluating, on an annual or more
frequent basis, the effectiveness of the supplemental nutrition assistance 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 supplemental
nutrition assistance, in order to develop min-

§ 2026

imum 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 crosssection of political subdivisions that reflect natural usage patterns of health and nutritional
services and 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
supplemental nutrition assistance program
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 allotments that would otherwise be issued to a
household under the supplemental nutrition
assistance program, but for the operation of
this subsection, to provide cash benefits in
lieu of the 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 chapter but for the operation of this subsection.
(C) Other provisions
For purposes of the supplemental nutrition
assistance 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 supplemental nutrition assistance program benefits 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—

§ 2026

TITLE 7—AGRICULTURE

(i) increase the cash benefits provided to
each household participating in the program in the State under this subsection to
compensate for any State or local sales
tax that may be collected on purchases of
food by the household, unless the Secretary determines on the basis of information provided by the State that the increase is unnecessary on the basis of the
limited nature of the items subject to the
State or local sales tax; and
(ii) pay the cost of any increase in cash
benefits required by clause (i).
(3) Eligibility
A household shall be eligible to receive cash
benefits under paragraph (2) if an adult member of the household—
(A) has worked in unsubsidized employment for not less than the preceding 90 days;
(B) has earned not less than $350 per month
from the employment referred to in subparagraph (A) for not less than the preceding 90
days;
(C)(i) is receiving benefits under a State
program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et
seq.); or
(ii) was receiving benefits under a State
program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.)
at the time the member first received cash
benefits under this subsection and is no
longer eligible for the State program because of earned income;
(D) is continuing to earn not less than $350
per month from the employment referred to
in subparagraph (A); and
(E) elects to receive cash benefits in lieu of
supplemental nutrition assistance program
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) Study and report to Congressional committees of effect of reduction of benefits
The Secretary shall conduct a study of the effects of reductions made in benefits provided
under this chapter 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 supplemental nutrition
assistance 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 supplemental nutrition assistance program
benefits for failure to file complete periodic reports. The Secretary shall submit to the Committee on Agriculture of the House of Rep-

Page 1360

resentatives 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) Demonstration projects for development and
use of intelligent benefit cards to pay benefits
In order to encourage States to plan, design,
develop, and implement a system for making
supplemental nutrition assistance program 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 2016(f)(2) of this
title, 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 under
such a demonstration project shall be able to
use a plastic card to access such information
from a data file.
(g) Study of effectiveness of employment and
training programs
In order to assess the effectiveness of the employment and training programs established
under section 2015(d) of this title in placing individuals into the work force and withdrawing
such individuals from the supplemental nutrition assistance program, the Secretary is authorized to carry out studies comparing the preand post-program labor force participation,
wage rates, family income, level of receipt of
supplemental nutrition assistance program 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 2015
of this title.
(h) Demonstration projects for vehicle exclusion
limits
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 2014(g) of
this title the fair market value of licensed vehicles to the extent the value of each vehicle exceeds $4,500, but excluding the value of—

Page 1361

TITLE 7—AGRICULTURE

(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 employmentrelated education or training, or used to secure food or the benefits of the supplemental
nutrition assistance program.
(i) Testing resource accumulation
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) Demonstration projects directed at benefit
trafficking
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 supplemental nutrition assistance program agencies test innovative ideas for working
with State or local law enforcement agencies to
investigate and prosecute benefit trafficking.
(k) Pilot projects to evaluate health and nutrition promotion in the supplemental nutrition
assistance program
(1) In general
The Secretary shall carry out, under such
terms and conditions as the Secretary considers to be appropriate, pilot projects to develop and test methods—
(A) of using the supplemental nutrition assistance program to improve the dietary and
health status of households eligible for or
participating in the supplemental nutrition
assistance program; and
(B) to reduce overweight, obesity (including childhood obesity), and associated comorbidities in the United States.
(2) Grants
(A) In general
In carrying out this subsection, the Secretary may enter into competitively awarded contracts or cooperative agreements
with, or provide grants to, public or private
organizations or agencies (as defined by the
Secretary), for use in accordance with
projects that meet the strategy goals of this
subsection.
(B) Application
To be eligible to receive a contract, cooperative agreement, or grant under this paragraph, an organization shall submit to the
Secretary an application at such time, in

§ 2026

such manner, and containing such information as the Secretary may require.
(C) Selection criteria
Pilot projects shall be evaluated against
publicly disseminated criteria that may include—
(i) identification of a low-income target
audience that corresponds to individuals
living in households with incomes at or
below 185 percent of the poverty level;
(ii) incorporation of a scientifically
based strategy that is designed to improve
diet quality through more healthful food
purchases, preparation, or consumption;
(iii) a commitment to a pilot project
that allows for a rigorous outcome evaluation, including data collection;
(iv) strategies to improve the nutritional
value of food served during school hours
and during after-school hours;
(v) innovative ways to provide significant improvement to the health and
wellness of children;
(vi) other criteria, as determined by the
Secretary.
(D) Use of funds
Funds provided under this paragraph shall
not be used for any project that limits the
use of benefits under this chapter.
(3) Projects
Pilot projects carried out under paragraph
(1) may include projects to determine whether
healthier food purchases by and healthier
diets among households participating in the
supplemental nutrition assistance program result from projects that—
(A) increase the supplemental nutrition
assistance purchasing power of the participating households by providing increased
supplemental nutrition assistance program
benefit allotments to the participating
households;
(B) increase access to farmers 2 markets by
participating households through the electronic redemption of supplemental nutrition
assistance program benefits at farmers’ markets;
(C) provide incentives to authorized supplemental nutrition assistance program retailers to increase the availability of
healthy foods to participating households;
(D) subject authorized supplemental nutrition assistance program retailers to stricter
retailer requirements with respect to carrying and stocking healthful foods;
(E) provide incentives at the point of purchase to encourage households participating
in the supplemental nutrition assistance
program to purchase fruits, vegetables, or
other healthful foods; or
(F) provide to participating households integrated communication and education programs, including the provision of funding for
a portion of a school-based nutrition coordinator to implement a broad nutrition action
plan and parent nutrition education programs in elementary schools, separately or
2 So

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

§ 2026

TITLE 7—AGRICULTURE

in combination with pilot projects carried
out under subparagraphs (A) through (E).
(4) Evaluation and reporting
(A) Evaluation
(i) Independent evaluation
(I) In general
The Secretary shall provide for an
independent evaluation of projects selected under this subsection that measures the impact of the pilot program on
health and nutrition as described in
paragraph (1).
(II) Requirement
The independent evaluation under subclause (I) shall use rigorous methodologies, particularly random assignment or
other methods that are capable of producing scientifically valid information
regarding which activities are effective.
(ii) Costs
The Secretary may use funds provided to
carry out this section to pay costs associated with monitoring and evaluating each
pilot project.
(B) Reporting
Not later than 90 days after the last day of
fiscal year 2009 and each fiscal year thereafter until the completion of the last evaluation under subparagraph (A), the Secretary
shall submit to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that includes a description of—
(i) the status of each pilot project;
(ii) the results of the evaluation completed during the previous fiscal year; and
(iii) to the maximum extent practicable—
(I) the impact of the pilot project on
appropriate health, nutrition, and associated behavioral outcomes among
households participating in the pilot
project;
(II) baseline information relevant to
the stated goals and desired outcomes of
the pilot project; and
(III) equivalent information about
similar or identical measures among
control or comparison groups that did
not participate in the pilot project.
(C) Public dissemination
In addition to the reporting requirements
under subparagraph (B), evaluation results
shall be shared broadly to inform policy
makers, service providers, other partners,
and the public in order to promote wide use
of successful strategies.
(5) Funding
(A) Authorization of appropriations
There are authorized to be appropriated
such sums as are necessary to carry out this
section for each of fiscal years 2008 through
2012.
(B) Mandatory funding
Out of any funds made available under section 2027 of this title, on October 1, 2008, the

Page 1362

Secretary shall make available $20,000,000 to
carry out a project described in paragraph
(3)(E), to remain available until expended.
(l) Cooperation with program research and evaluation
Subject to the requirements of this chapter,
including protections under section 2020(e)(8) of
this title, States, State agencies, local agencies,
institutions, facilities such as data consortiums,
and contractors participating in programs authorized under this chapter shall—
(1) cooperate with officials and contractors
acting on behalf of the Secretary in the conduct of evaluations and studies under this
chapter; and
(2) submit information at such time and in
such manner as the Secretary may require.
(m) Evaluation of child support enforcement cooperation requirements
(1) In general
The Secretary, in consultation with the Secretary of Health and Human Services, shall
conduct an independent evaluation of a representative sample of States—
(A) to assess the implementation and impact of the eligibility requirements described in subsections (l) through (n) of section 2015 of this title in States that have formerly implemented or continue to implement those requirements, and the feasibility
of implementing those requirements in other
States;
(B) to assess the factors that contributed
to the decision of States that formerly implemented the eligibility requirements described in each of subsections (l) through (n)
of section 2015 of this title to cease such implementation;
(C) to review alternatives to the eligibility
requirements described in each of subsections (l) through (n) of section 2015 of this
title that are used by other States to assist
participants in the supplemental nutrition
assistance program to make or receive child
support payments and the effectiveness of
those alternatives; and
(D) to evaluate the costs and benefits to
households and to State agencies, of requiring State agencies to implement each of the
eligibility requirements described in subsections (l) through (n) of section 2015 of this
title.
(2) Evaluation
The evaluation under paragraph (1) shall include, to the maximum extent practicable, an
assessment of—
(A) the manner in which applicable State
agencies implement and enforce the eligibility requirements described in subparagraph (A) of such paragraph, including—
(i) the procedures used by each State to
determine cooperation, to sanction participants for failure to cooperate, and to
determine good cause for noncooperation
under each of subsections (l) through (n) of
section 2015 of this title; and
(ii) the manner in which each State
aligns the procedures for implementing
those eligibility requirements with proce-

Page 1363

TITLE 7—AGRICULTURE

dures for implementing other Federal programs that require cooperation with child
support enforcement, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), the
Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.),
and programs carried out under the Child
Care and Development Block Grant Act of
1990 (42 U.S.C. 9857 et seq.);
(B) the Federal, State, and local costs associated with implementing those eligibility
requirements, including costs incurred under
this chapter and by child support enforcement agencies for personnel, technology upgrades, and other costs;
(C) the effect of those eligibility requirements on the establishment of new child
support orders, the establishment of paternity, changes in child support payments to
custodial households, and changes in arrears
owed on child support orders;
(D) with respect to the eligibility requirements under each of subsections (l) through
(n) of section 2015 of this title—
(i) the number of individuals subject to
those requirements;
(ii) the number of individuals in each
State who meet those requirements; and
(iii) the number of individuals in each
State who fail to meet those requirements;
(E) the number of individuals in each
State for whom good cause for noncooperation has been found under section 2015(l)(2) of
this title;
(F) the impact of those eligibility requirements on the supplemental nutrition assistance program eligibility, benefit levels, food
security, income, and economic stability
of—
(i) individuals subject to those requirements;
(ii) the household members of those individuals, including children; and
(iii) households with nontraditional family structures, including a household in
which a grandparent is the primary caretaker of a grandchild of the grandparent.
(3) State agency cooperation
Each State agency selected under paragraph
(1) shall provide information to the Secretary
necessary to conduct the evaluation under
such paragraph.
(4) Report
Not later than 3 years after December 20,
2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing the findings from the evaluation conducted under paragraph (1).
(n) Longitudinal data for research
(1) In general
Subject to paragraphs (3) through (5), a
State agency may, on approval by the Secretary, establish a longitudinal database that

§ 2026

contains information about households and
members of households that receive benefits
under the supplemental nutrition assistance
program in the State.
(2) Purpose
Each longitudinal database established
under paragraph (1) shall be used solely to
conduct research on participation in and the
operation of the supplemental nutrition assistance program, including duration of participation in the program.
(3) Requirements for databases
Prior to the approval of State agencies to establish longitudinal databases under paragraph (1), the Secretary shall—
(A) identify features that shall be standard
across States such as database format to facilitate use of longitudinal databases established under paragraph (1) for research purposes;
(B) identify features of longitudinal databases established under paragraph (1) that
may vary across States;
(C) identify a procedure for States operating longitudinal databases under paragraph (1) to use a unique identifier to provide relevant information on household
members who receive benefits under the supplemental nutrition assistance program for
the purpose of comparing participation data
in multiple participating States over time
while protecting participant privacy;
(D) establish the manner in which data security and privacy protections, as required
by Federal law and consistent with other appropriate practices, shall be implemented
and maintained;
(E) provide direction to State agencies on
the responsibilities of and funding arrangements for State agencies and any State contractors (including entities providing technical assistance) relating to the establishment and operation of a longitudinal database;
(F) provide a description of the documentation that States shall submit to the
Secretary prior to allowing researchers access to a longitudinal database;
(G) consult with other Federal research
agencies, including the Bureau of the Census;
(H) consult with States that have already
established databases used for purposes similar to the purposes outlined in this subsection; and
(I) identify any other requirements determined appropriate by the Secretary.
(4) Included data
(A) In general
Subject to subparagraph (B), each longitudinal database established under paragraph
(1)—
(i) shall include monthly information
about households and members of households that receive benefits under the supplemental nutrition assistance program in
the participating State taken from existing information collected by the State
agency including, if available,—

§ 2026

TITLE 7—AGRICULTURE
(I) demographic characteristics;
(II) income and financial resources (as
described in section 2014(g) of this title);
(III) employment status;
(IV) household circumstances, such as
deductible expenses; and
(V) the amount of the monthly allotment received under the supplemental
nutrition assistance program; and

(ii) may include information from other
State data sources such as—
(I) earnings and employment data from
the State department of labor;
(II) health insurance program data; or
(III) data from participation in other
programs administered by the State.
(B) Data protection
Any State that establishes a longitudinal
database under paragraph (1) shall, in accordance with all applicable Federal and
State privacy standards and requirements—
(i) protect the privacy of information
about each member of each household that
receives benefits under the supplemental
nutrition assistance program in such State
by ensuring that no personally identifiable
information (including social security
number, home address, or contact information) is included in the longitudinal database; and
(ii) make the data under this paragraph
available to researchers and the Secretary.
(5) Approval
The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States that—
(A) meet the requirements for databases
under paragraph (3) and (4)(B);
(B) reflect a range of participant numbers,
demographics, operational structures, and
geographic regions; and
(C) have the capacity to provide on a periodic and ongoing basis household and participant data derived from the eligibility system and other data sources of the State.
(6) Grants
(A) In general
In carrying out this subsection, the Secretary may provide grants to States that
have been approved by the Secretary in accordance with paragraph (5) out of funds
made available under paragraph (9).
(B) Method of awarding grants
Grants awarded under this paragraph shall
be made in such amounts and under such
terms and conditions as the Secretary determines necessary to carry out the purposes of
this subsection.
(7) Report
(A) In general
Not later than 4 years after the effective
date of this subsection, the Secretary shall
submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the feasibility of expanding implementation of longitudinal databases to every State.

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(B) Contents
The report required under subparagraph
(A) shall describe—
(i) the cost of expanding implementation
of longitudinal databases with consistent
data to every State;
(ii) the challenges and benefits of using
State longitudinal databases with consistent data; and
(iii) alternatives to expanding implementation of longitudinal databases with consistent data to every State that may
achieve similar research outcomes and the
advantages and disadvantages of those alternatives.
(8) Effect
Nothing in this subsection shall be construed to prevent or limit the ability of State
agencies to establish or continue operating
databases used for purposes similar to the purposes outlined in this subsection.
(9) Funding
Of the funds made available under section
2027 of this title, the Secretary shall use to
carry out this subsection—
(A) $20,000,000 for fiscal year 2019 to remain
available through fiscal year 2021; and
(B) $5,000,000 for fiscal year 2022 and each
fiscal year thereafter.
(Pub. L. 88–525, § 17, as added Pub. L. 93–86, § 3(n),
Aug. 10, 1973, 87 Stat. 248; amended Pub. L.
95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
977; Pub. L. 95–400, Sept. 30, 1978, 92 Stat. 856;
Pub. L. 96–249, title I, §§ 130–132(a), 133, May 26,
1980, 94 Stat. 367, 368; Pub. L. 97–98, title XIII,
§§ 1328–1330, Dec. 22, 1981, 95 Stat. 1289, 1290; Pub.
L. 97–253, title I, §§ 152(c), 181, 182, 190(d), Sept. 8,
1982, 96 Stat. 776, 784, 785, 787; Pub. L. 99–114, § 4,
Oct. 1, 1985, 99 Stat. 488; Pub. L. 99–157, § 2, Nov.
15, 1985, 99 Stat. 818; Pub. L. 99–182, § 2, Dec. 13,
1985, 99 Stat. 1173; Pub. L. 99–198, title XV, § 1540,
Dec. 23, 1985, 99 Stat. 1588; Pub. L. 100–435, title
V, §§ 504, 505, Sept. 19, 1988, 102 Stat. 1673; Pub. L.
101–624, title XVII, §§ 1729(b), 1731, 1754–1759, Nov.
28, 1990, 104 Stat. 3790, 3798–3800, 3802; Pub. L.
102–237, title IX, § 941(8), Dec. 13, 1991, 105 Stat.
1893; Pub. L. 103–66, title XIII, § 13925, Aug. 10,
1993, 107 Stat. 675; Pub. L. 103–225, title II, § 204,
Mar. 25, 1994, 108 Stat. 109; Pub. L. 104–127, title
IV, § 401(c), (d), Apr. 4, 1996, 110 Stat. 1026; Pub.
L. 104–193, title I, § 109(d), title VIII, §§ 815(b)(1),
850–852, 854(c)(2), Aug. 22, 1996, 110 Stat. 2169,
2317, 2336–2338, 2342; Pub. L. 105–18, title VII,
[(b)], June 12, 1997, 111 Stat. 217; Pub. L. 105–277,
div. A, § 101(f) [title VIII, § 405(d)(2)(C), (f)(2)(C)],
Oct. 21, 1998, 112 Stat. 2681–337, 2681–418, 2681–429;
Pub. L. 107–171, title IV, §§ 4112(b)(4), 4116(b),
4122(b), 4123(a), May 13, 2002, 116 Stat. 313, 316,
324; Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(9),
4115(b)(12), 4141, 4406(a)(5), May 22, 2008, 122 Stat.
1092, 1094, 1108, 1117, 1141; Pub. L. 110–246, § 4(a),
title IV, §§ 4001(b), 4002(a)(9), 4115(b)(12), 4141,
4406(a)(5), June 18, 2008, 122 Stat. 1664, 1853, 1855,
1869, 1879, 1902; Pub. L. 113–79, title IV,
§§ 4022(b)(3), 4023, Feb. 7, 2014, 128 Stat. 808, 809;
Pub. L. 113–128, title V, § 512(l)(3), July 22, 2014,
128 Stat. 1709; Pub. L. 115–334, title IV, §§ 4005(e),
4014, 4015(a), 4022(7), Dec. 20, 2018, 132 Stat. 4634,
4643–4645, 4653.)

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TITLE 7—AGRICULTURE
Editorial Notes
REFERENCES IN TEXT

The Social Security Act, referred to in subsecs.
(b)(1)(B)(v), (vi), (2)(A), (B), (I), (d)(1)(B), (3)(C), and
(m)(2)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.
Title IV, part A of title IV, title XVI, and title XIX of
the Act are classified generally to subchapter IV (§ 601
et seq.), part A (§ 601 et seq.) of subchapter IV, subchapter XVI (§ 1381 et seq.), and subchapter XIX (§ 1396
et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Part F of title IV of the Act was
classified generally to part F (§ 681 et seq.) of subchapter IV of chapter 7 of Title 42, prior to repeal by
Pub. L. 104–193, title I, § 108(e), Aug. 22, 1996, 110 Stat.
2167. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Sections 481 to 487 of the Social Security Act, referred to in subsec. (b)(2)(C), (E), were classified to section 681 to 687, respectively, of Title 42, The Public
Health and Welfare, prior to repeal by Pub. L. 104–193,
title I, § 108(e), Aug. 22, 1996, 110 Stat. 2167.
Section 402 of the Social Security Act, referred to in
subsec. (b)(2)(C), which was classified to section 602 of
Title 42, The Public Health and Welfare, was repealed
and a new section 402 enacted by Pub. L. 104–193, title
I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no longer contains subsecs. (a)(19) and (g).
The Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (e), is Pub. L. 97–35, Aug. 13, 1981, 95
Stat. 357. Part 1 of subtitle A of title I of the Omnibus
Budget Reconciliation Act amended this chapter generally. For complete classification of this Act to the
Code, see Tables.
The Food Stamp and Commodity Distribution
Amendments of 1981, referred to in subsec. (e), is title
XIII of Pub. L. 97–98, Dec. 22, 1981, 95 Stat. 1282, which
amended this chapter generally. For complete classification of this Act to the Code, see Short Title of 1981
Amendment note set out under section 2011 of this title
and Tables.
The Food Stamp Act Amendments of 1982, referred to
in subsec. (e), is subtitle E of title I of Pub. L. 97–253,
Sept. 8, 1982, 96 Stat. 772, which amended this chapter
generally. For complete classification of this Act to
the Code, see Short Title of 1982 Amendment note set
out under section 2011 of this title and Tables.
The Child Care and Development Block Grant Act of
1990, referred to in subsec. (m)(2)(A)(ii), is subchapter C
(§ 658A et seq.) of chapter 8 of subtitle A of title VI of
Pub. L. 97–35, as added by Pub. L. 101–508, title V,
§ 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.
The effective date of this subsection, referred to in
subsec. (n)(7)(A), probably means the date of enactment
of Pub. L. 115–334, which added subsec. (n) and which
was approved Dec. 20, 2018.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (b)(1)(B)(iv)(III)(aa). Pub. L. 115–334,
§ 4022(7), substituted ‘‘2012(m)’’ for ‘‘2012(n)’’.
Subsec. (b)(2), (3). Pub. L. 115–334, § 4005(e), redesignated par. (3) as (2) and struck out former par. (2) which
related to two pilot projects involving the performance
of work in return for supplemental nutrition assistance
program benefits and joint issuance of initial and interim reports by the Secretary of Agriculture and the
Secretary of Labor to appropriate committees of Congress and a final report describing the results of such
projects based upon their operation from commencement through the fiscal year ending Sept. 30, 1981.

§ 2026

Subsec. (m). Pub. L. 115–334, § 4014, added subsec. (m).
Subsec. (n). Pub. L. 115–334, § 4015(a), added subsec.
(n).
2014—Subsec. (b)(1)(B)(iv)(III)(hh). Pub. L. 113–79,
§ 4022(b)(3), inserted ‘‘(h)(1)(F),’’ after ‘‘(g),’’.
Subsec. (b)(2). Pub. L. 113–128 substituted ‘‘a program
carried out under title I of the Workforce Innovation
and Opportunity Act’’ for ‘‘a program carried out under
title I of the Workforce Investment Act of 1998’’.
Subsec. (l). Pub. L. 113–79, § 4023, added subsec. (l).
2008—Subsec. (a)(1). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec. (a)(2). Pub. L. 110–246, § 4115(b)(12)(A), substituted ‘‘benefit issuance’’ for ‘‘coupon issuance’’.
Pub. L. 110–246, § 4002(a)(9)(A), substituted ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamp benefits’’ in two places.
Subsec. (b)(1)(A). Pub. L. 110–246, § 4002(a)(9)(B)(i)(I),
substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘efficiency of
the supplemental nutrition assistance program’’ for
‘‘efficiency of the food stamp program’’.
Subsec. (b)(1)(B)(i)(I). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec.
(b)(1)(B)(ii)(II).
Pub.
L.
110–246,
§ 4002(a)(9)(B)(i)(II)(aa), substituted ‘‘supplemental nutrition assistance program recipients’’ for ‘‘food stamp
recipients’’.
Subsec.
(b)(1)(B)(iii)(I).
Pub.
L.
110–246,
§ 4002(a)(9)(B)(i)(II)(bb), substituted ‘‘the number of
households in the State receiving supplemental nutrition assistance program benefits’’ for ‘‘the State’s food
stamp households’’.
Subsec.
(b)(1)(B)(iv).
Pub.
L.
110–246,
§ 4115(b)(12)(B)(i)(I), in subcl. (I) inserted ‘‘or otherwise
providing benefits in a form not restricted to the purchase of food’’ after ‘‘the form of cash’’, in subcl.
(III)(aa) substituted ‘‘section 2012(n)’’ for ‘‘section
2012(i)’’, and in subcl. (VII) substituted ‘‘section 2016(i)’’
for ‘‘section 2016(j)’’.
Subsec.
(b)(1)(B)(iv)(IV)(bb).
Pub.
L.
110–246,
§ 4002(a)(9)(B)(i)(II)(cc), substituted ‘‘supplemental nutrition assistance program deductions’’ for ‘‘food stamp
deductions’’.
Subsec.
(b)(1)(B)(v).
Pub.
L.
110–246,
§ 4115(b)(12)(B)(i)(II), struck out ‘‘countersigned food
coupons or similar’’ before ‘‘identification mechanisms’’ and substituted ‘‘EBT cards’’ for ‘‘food coupons’’.
Subsec. (b)(1)(B)(vi). Pub. L. 110–246, § 4406(a)(5), substituted ‘‘Subject to the availability of appropriations
under section 2027(a) of this title, any pilot’’ for ‘‘Any
pilot’’ and struck out ‘‘through October 1, 2007,’’ after
‘‘shall be continued’’.
Subsec.
(b)(1)(C)(i)(I).
Pub.
L.
110–246,
§ 4115(b)(12)(B)(ii), substituted ‘‘EBT cards’’ for ‘‘coupons’’.
Subsec. (b)(2). Pub. L. 110–246, § 4002(a)(9)(B)(ii), substituted ‘‘supplemental nutrition assistance program
benefits’’ for ‘‘food stamp benefits’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘participate in
the supplemental nutrition assistance program’’ for
‘‘participate in the food stamp program’’.
Subsec. (b)(3)(A). Pub. L. 110–246, § 4002(a)(9)(B)(iii)(I),
substituted ‘‘supplemental nutrition assistance program employment’’ for ‘‘food stamp employment’’.
Subsec. (b)(3)(B). Pub. L. 110–246, § 4002(a)(9)(B)(iii)(II),
substituted ‘‘supplemental nutrition assistance program recipients’’ for ‘‘food stamp recipients’’.
Subsec.
(b)(3)(C).
Pub.
L.
110–246,
§ 4002(a)(9)(B)(iii)(III), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamps’’.
Subsec.
(b)(3)(D).
Pub.
L.
110–246,
§ 4002(a)(9)(B)(iii)(IV), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’.
Subsec. (c). Pub. L. 110–246, § 4002(a)(9)(C), substituted
‘‘eligible for supplemental nutrition assistance’’ for
‘‘eligible for food stamps’’.

§ 2026

TITLE 7—AGRICULTURE

Pub. L. 110–246, § 4001(b), substituted ‘‘effectiveness of
the supplemental nutrition assistance program’’ for
‘‘effectiveness of the food stamp program’’.
Subsec. (d)(1)(B). Pub. L. 110–246, § 4002(a)(9)(D)(i), substituted ‘‘supplemental nutrition assistance program
benefits’’ for ‘‘food stamp benefits’’.
Subsec. (d)(2)(A). Pub. L. 110–246, § 4002(a)(9)(D)(ii)(I),
substituted ‘‘allotments’’ for ‘‘food stamp allotments’’
in two places.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’.
Subsec. (d)(2)(C). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’ in introductory provisions.
Subsec.
(d)(2)(C)(ii).
Pub.
L.
110–246,
§ 4002(a)(9)(D)(ii)(II), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefit’’.
Subsec. (d)(3)(E). Pub. L. 110–246, § 4002(a)(9)(D)(iii),
substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’.
Subsec. (e). Pub. L. 110–246, § 4002(a)(9)(E), substituted
‘‘supplemental nutrition assistance program benefits’’
for ‘‘food stamp benefits’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘affect the supplemental nutrition assistance program’’ for ‘‘affect
the food stamp program’’.
Subsec. (f). Pub. L. 110–246, § 4115(b)(12)(C), substituted
‘‘section 2016(f)(2)’’ for ‘‘section 2016(g)(2)’’.
Pub. L. 110–246, § 4002(a)(9)(E), substituted ‘‘supplemental nutrition assistance program benefits’’ for
‘‘food stamp benefits’’.
Subsec. (g). Pub. L. 110–246, § 4002(a)(9)(F), substituted
‘‘receipt of supplemental nutrition assistance program
and other transfer payments’’ for ‘‘receipt of food
stamp and other transfer payments’’ in introductory
provisions.
Pub. L. 110–246, § 4001(b), substituted ‘‘from the supplemental nutrition assistance program’’ for ‘‘from the
food stamp program’’ in introductory provisions.
Subsec. (h)(2). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (j). Pub. L. 110–246, § 4115(b)(12)(D), substituted ‘‘benefit trafficking’’ for ‘‘coupon trafficking’’.
Pub. L. 110–246, § 4002(a)(9)(G), substituted ‘‘supplemental nutrition assistance program agencies’’ for
‘‘food stamp agencies’’.
Subsec. (k). Pub. L. 110–246, § 4141, added subsec. (k).
2002—Subsec. (a)(1). Pub. L. 107–171, § 4123(a), substituted ‘‘enter into contracts with or make grants to
public or private organizations or agencies under this
section to’’ for ‘‘, by way of making contracts with or
grants to public or private organizations or agencies,’’
and inserted at end ‘‘The waiver authority of the Secretary under subsection (b) shall extend to all contracts and grants under this section.’’
Subsec.
(b)(1)(B)(iv)(III)(aa).
Pub.
L.
107–171,
§ 4112(b)(4), substituted ‘‘paragraphs (4) and (5) of section 2012(i) of this title’’ for ‘‘the last 2 sentences of
section 2012(i) of this title’’.
Subsec. (b)(1)(B)(vi). Pub. L. 107–171, § 4122(b), substituted ‘‘2007’’ for ‘‘2002’’.
Subsecs. (i) to (k). Pub. L. 107–171, § 4116(b), redesignated subsecs. (j) and (k) as (i) and (j), respectively, and
struck out former subsec. (i) which related to grants to
improve food stamp participation.
1998—Subsec. (b)(2). Pub. L. 105–277, § 101(f) [title VIII,
§ 405(f)(2)(C)], in second sentence, struck out ‘‘the Job
Training Partnership Act or’’ before ‘‘title I of the
Workforce’’.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(C)], in
second sentence, substituted ‘‘to accept an offer of employment from a political subdivision or provider pursuant to a program carried out under the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998,’’ for ‘‘to accept an offer of employment
from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training

Page 1366

Act of 1973, as amended (29 U.S.C. 812),’’ and substituted
‘‘, 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.’’ for
‘‘: Provided, That all of the political subdivision’s or
prime sponsor’s public service jobs supported under the
Comprehensive Employment and Training Act of 1973,
as amended (29 U.S.C. 812), are filled before such subdivision or sponsor can extend a job offer pursuant to
this paragraph: Provided further, That the sponsor of
each such project shall provide the assurances required
of prime sponsors under section 205(c)(7), (8), (15), (19),
and (24) of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 845(c)), and the
Secretary shall require such sponsors to comply with
the conditions contained in sections 208(a)(1), (4), and
(5) and (c) and 703(4) of the Comprehensive Employment
and Training Act of 1973, as amended (29 U.S.C. 848(a)
and (c) and 983).’’
1997—Subsec. (b)(1)(B)(iv)(VII). Pub. L. 105–18 added
subcl. (VII).
1996—Subsec. (b)(1). Pub. L. 104–193, §§ 850, 851, in first
sentence, substituted ‘‘benefits to eligible households,
and may waive any requirement of this chapter to the
extent necessary for the project to be conducted.’’
along with subpar. (B) heading, cls. (i) to (iv), cl. (v) of
subpar. (B) heading, and ‘‘A pilot or experimental
project may include’’ for ‘‘benefits to eligible households, including’’, in subpar. (B)(v), substituted ‘‘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.)’’ for ‘‘to aid to families with dependent children under part A of title IV of the Social Security
Act’’, substituted ‘‘coupons.’’ along with cl. (vi) of subpar. (B) heading and ‘‘Any pilot’’ for ‘‘coupons. The
Secretary may waive the requirements of this chapter
to the degree necessary for such projects to be conducted, except that no project, other than a project involving the payment of the average value of allotments
by household size in the form of cash to eligible households or a project conducted under paragraph (3), shall
be implemented which would lower or further restrict
the income or resource standards or benefit levels provided pursuant to sections 2014 and 2017 of this title.
Any pilot’’, redesignated former subpar. (B) as (C), and
added subpar. (D).
Pub. L. 104–193, § 109(d)(1), which directed substitution
of ‘‘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.)’’ for ‘‘to aid to families with
dependent children under part A of title IV of the Social Security Act’’ in first sentence of subsec. (b)(1)(A),
effective July 1, 1997, could not be executed because of
amendment by Pub. L. 104–193 which redesignated portions of subsec. (b)(1)(A) and struck out the language
sought to be amended. See above.
Pub. L. 104–127, § 401(c), substituted ‘‘October 1, 2002’’
for ‘‘October 1, 1995’’ in last sentence of par. (1)(A).
Subsec. (b)(2). Pub. L. 104–193, § 815(b)(1), substituted
‘‘section 2015(d)(1)(A)(i)’’ for ‘‘section 2015(d)(1)(i)’’ in
second sentence.
Subsec. (b)(3)(I). Pub. L. 104–193, § 109(d)(2), added subpar. (I).
Subsec. (d). Pub. L. 104–193, § 852, added subsec. (d) and
struck out former subsec. (d) which authorized pilot
projects for employment of applicants and recipients,
defined ‘‘qualification period’’, and provided for exceptions, waiver of requirements, and reestablishment of
eligibility.
Subsec. (i). Pub. L. 104–193, § 854(c)(2), redesignated
subsec. (j) as (i) and struck out former subsec. (i) which
authorized four demonstration projects, in both urban
and rural areas, under which households in which each
member received benefits under State plan approved
under part A of title IV of Social Security Act would
be issued monthly allotments following rules and pro-

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TITLE 7—AGRICULTURE

cedures of programs under part A of title IV of Social
Security Act, and without regard to eligibility, benefit,
and administrative rules established under this chapter.
Subsec. (j). Pub. L. 104–193, § 854(c)(2), redesignated
subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(1)(A). Pub. L. 104–127, § 401(d), substituted
‘‘2002’’ for ‘‘1995’’.
Subsecs. (k), (l). Pub. L. 104–193, § 854(c)(2)(B), redesignated subsec. (l) as (k). Former subsec. (k) redesignated
(j).
1994—Subsec. (l). Pub. L. 103–225 added subsec. (l).
1993—Subsec. (k). Pub. L. 103–66 added subsec. (k).
1991—Subsec. (b)(3)(C). Pub. L. 102–237 inserted a closing parenthesis after ‘‘402(g)(1)(A)’’.
1990—Subsec. (a). Pub. L. 101–624, § 1731, designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1). Pub. L. 101–624, § 1756(1), inserted ‘‘or a
project conducted under paragraph (3)’’ after ‘‘eligible
households’’ in second sentence of subpar. (A).
Pub. L. 101–624, § 1755, designated existing provisions
as subpar. (A) and added subpar. (B).
Pub. L. 101–624, § 1754, substituted ‘‘1995’’ for ‘‘1990’’.
Subsec. (b)(3). Pub. L. 101–624, § 1756(2), added par. (3).
Subsec. (f). Pub. L. 101–624, § 1729(b), struck out par.
(1) designation preceding text.
Subsec. (h). Pub. L. 101–624, § 1757, added subsec. (h).
Subsec. (i). Pub. L. 101–624, § 1758, added subsec. (i).
Subsec. (j). Pub. L. 101–624, § 1759, added subsec. (j).
1988—Subsec. (f). Pub. L. 100–435, § 504, added subsec.
(f).
Subsec. (g). Pub. L. 100–435, § 505, added subsec. (g).
1985—Subsec. (b)(1). Pub. L. 99–198, § 1540(a), substituted ‘‘October 1, 1990’’ for ‘‘December 31, 1985’’.
Pub. L. 99–182 substituted ‘‘December 31, 1985’’ for
‘‘December 13, 1985’’.
Pub. L. 99–157 substituted ‘‘December 13, 1985’’ for
‘‘November 15, 1985’’.
Pub. L. 99–114 substituted ‘‘through November 15,
1985’’ for ‘‘until October 1, 1985’’.
Subsecs. (d) to (f). Pub. L. 99–198, § 1540(b), (c), struck
out subsec. (d) which had authorized the Secretary to
conduct statewide pilot projects respecting the processing of applications for certain recipients, and redesignated subsecs. (e) and (f) as (d) and (e), respectively.
1982—Subsec. (d). Pub. L. 97–253, §§ 152(c), 190(d), redesignated subsec. (f) as (d), and struck out former subsec.
(d), which provided that notwithstanding any other
provision of law, the Secretary has required, in consultation with the Secretary of the Treasury, to conduct a study, through the use of Federal income tax
data, of the feasibility, alternative methods of implementation, and the effects of a program to recover food
stamp benefits from members of eligible households in
which the adjusted gross income of members of such
households for a calendar year (as defined by the Internal Revenue Code of 1954) exceeded twice the income
poverty guidelines set forth in section 2014(c) of this
title, and that such study had to be conducted in rural
and urban areas only on a voluntary basis by food
stamp recipients, and that the Secretary was required,
no later than twelve months and eighteen months from
September 29, 1977, to report the results of the study to
the Committees on Agriculture and Ways and Means of
the House of Representatives and to the Committees on
Agriculture, Nutrition, and Forestry and Finance of
the Senate, together with such recommendations as the
Secretary deemed appropriate.
Subsec. (e). Pub. L. 97–253, §§ 152(c), 190(d), redesignated subsec. (g) as (e) and struck out former subsec.
(e) which provided for a study of the Consumer Price
Index and other alternative consumer price or cost-ofliving indices.
Subsec. (f). Pub. L. 97–253, § 190(d), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).
Subsecs. (g), (h). Pub. L. 97–253, §§ 181, 182, 190(d),
added subsecs. (g) and (h) and redesignated them as (e)
and (f), respectively.
1981—Subsec. (b)(1). Pub. L. 97–98, § 1328, substituted
‘‘may conduct’’ for ‘‘is authorized to conduct’’, ‘‘age

§ 2026

sixty-five or over and any of whose members are entitled to supplemental security income benefits under
title XVI of the Social Security Act or to aid to families with dependent children under part A of title IV of
the Social Security Act’’ for ‘‘either age sixty-five or
over or entitled to supplemental security income benefits under title XVI of the Social Security Act’’, and
‘‘October 1, 1985’’ for ‘‘October 1, 1981’’ and inserted ‘‘or
the average value of allotments by household size’’
after ‘‘value of allotments’’, ‘‘, other than a project involving the payment of the average value of allotments
by household size in the form of cash to eligible households,’’ after ‘‘no project’’, ‘‘and operating as of October 1, 1981,’’ after ‘‘under this paragraph’’ and ‘‘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’’ before ‘‘shall be
continued’’.
Subsec. (c). Pub. L. 97–98, § 1329, inserted provision authorizing the Secretary to implement pilot programs to
test various means of measuring on a continual basis
the nutritional status of low income people in order to
develop minimum common criteria and methods for
systematic nutrition monitoring that could be applied
on a nationwide basis and directing the Secretary to report on the progress of these pilot programs on an annual basis commencing on July 1, 1982, to designated
Congressional committees.
Subsec. (f). Pub. L. 97–98, § 1330, added subsec. (f).
1980—Subsec. (b)(1). Pub. L. 96–249, § 130, inserted provisions requiring that any pilot or experimental project
implemented under this paragraph involving the payment of the value of allotments in the form of cash to
eligible households be continued until October 1, 1981, if
the State so requests.
Subsec. (b)(2). Pub. L. 96–249, §§ 131, 132(a), inserted
‘‘(ten days in at least one pilot project area designated
by the Secretary)’’ after ‘‘thirty days’’ and substituted
‘‘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 project 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’’ for ‘‘an interim report no
later than October 1, 1979, and shall issue a final report
describing the results of such pilot projects no later
than October 1, 1980’’.
Subsec. (e). Pub. L. 96–249, § 133, added subsec. (e).
1978—Subsec. (b)(2). Pub. L. 95–400 required issuance
of an interim report no later than Oct. 1, 1979, and substituted requirement for issuance of a final report no
later than Oct. 1, 1980, for prior requirement of a final
report no later than eighteen months following Sept.
29, 1977.
1977—Pub. L. 95–113 substituted provisions relating to
research, demonstrations, and evaluations for provisions relating to the purchase with coupons of hunting
and fishing equipment for procuring food by members
of eligible households living in Alaska.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(9), 4115(b)(12),
4141, and 4406(a)(5) of Pub. L. 110–246 effective Oct. 1,

§ 2026a

TITLE 7—AGRICULTURE

2008, see section 4407 of Pub. L. 110–246, set out as a note
under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4123(b), May 13, 2002, 116
Stat. 324, provided that: ‘‘The amendments made by
this section [amending this section] take effect on the
date of enactment of this Act [May 13, 2002].’’
Amendment by sections 4112(b)(4), 4116(b), and 4122(b)
of Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out
as an Effective Date note under section 1161 of Title 2,
The Congress.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, § 405(d)(2)(C)]
of Pub. L. 105–277 effective Oct. 21, 1998, and amendment
by section 101(f) [title VIII, § 405(f)(2)(C)] of Pub. L.
105–277 effective July 1, 2000, see section 101(f) [title
VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a
note under section 3502 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 109(d) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993, see section
13971(a) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 1729(b), 1731, and 1755 to 1759
of Pub. L. 101–624 effective Nov. 28, 1990, and amendment by section 1754 of Pub. L. 101–624 effective Oct. 1,
1990, see section 1781(a), (b)(1) of Pub. L. 101–624, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, except that such amendment
to become effective and implemented on Oct. 1, 1989, if
final order is issued under section 902(b) of Title 2, The
Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under section 901(a)(3)(A) of Title 2, see section 701(a), (c)(2) of
Pub. L. 100–435, set out as a note under section 2012 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.

Page 1368

Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–249, title I, § 132(b), May 26, 1980, 94 Stat.
368, provided that: ‘‘The provisions of section 17(b)(2) of
the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2026(b)(2)] for the sharing of
administrative costs, as added by subsection (a) of this
section, shall be effective on the date of enactment of
this Act [May 26, 1980].’’
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c) of this section relating to annual reports
on the progress of pilot programs, see section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 48 of
House Document No. 103–7.
STUDY OF USE OF FOOD STAMPS TO PURCHASE
VITAMINS AND MINERALS
Pub. L. 104–193, title VIII, § 855, Aug. 22, 1996, 110 Stat.
2342, directed the Secretary of Agriculture, in consultation with the National Academy of Sciences and the
Center for Disease Control and Prevention, to conduct
a study on the use of food stamps to purchase vitamins
and minerals and to report the results of the study to
Committees of Congress not later than Dec. 15, 1998.
DEMONSTRATION PROJECTS FOR VEHICLE EXCLUSION
LIMIT
Pub. L. 102–237, title IX, § 912, Dec. 13, 1991, 105 Stat.
1887, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(NN), May 22, 2008, 122 Stat. 1096, 1098;
Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(NN),
June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that:
‘‘The Secretary of Agriculture shall solicit requests to
participate in the demonstration projects required by
section 17(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2026(h)) by May 1, 1992. The projects shall commence operations no later than January 1, 1993.’’

§ 2026a. Healthy fluid milk incentives projects
(a) Definition of fluid milk
In this section the term ‘‘fluid milk’’ means
all varieties of pasteurized cow’s milk that—
(1) is without flavoring or sweeteners,
(2) is consistent with the most recent dietary recommendations,
(3) is packaged in liquid form, and
(4) contains vitamins A and D at levels consistent with the Food and Drug Administration, State, and local standards for fluid milk.
(b) Projects
The Secretary of Agriculture shall carry out,
under such terms and conditions as the Secretary considers to be appropriate, healthy fluid
milk incentive projects to develop and test
methods to increase the purchase and consumption of fluid milk by members of households
that receive supplemental nutrition assistance
program benefits by providing an incentive for
the purchase of fluid milk at the point of purchase to members of households purchasing food
with supplemental nutrition assistance program
benefits.

Page 1369

§ 2027

TITLE 7—AGRICULTURE

(c) Grants or cooperative agreements
(1) In general
To carry out this section, the Secretary, on
a competitive basis, shall enter into cooperative agreements with, or provide grants to,
governmental entities or nonprofit organizations for projects that meet the purpose and
selection criteria specified in this subsection.
(2) Application
To be eligible to enter into a cooperative
agreement or receive a grant under this subsection, a government entity or nonprofit organization shall submit to the Secretary an
application containing such information as
the Secretary may require.
(3) Selection criteria
Projects proposed in applications shall be
evaluated against publicly disseminated criteria that shall incorporate a scientifically
based strategy that is designed to improve
diet quality and nutritional outcomes through
the increased purchase of fluid milk by members of households that participate in the supplemental nutrition assistance program.
(4) Use of funds
Funds made available to carry out this section shall not be used for any project that limits the use of benefits provided under the Food
and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.].
(d) Evaluation and reporting
(1) Evaluation
(A) Independent evaluation
(i) In general
The Secretary shall provide for an independent evaluation of projects selected
under this section that measures, to the
maximum extent practicable, the impact
on health and nutrition.
(ii) Requirement
The independent evaluation under this
subparagraph shall use rigorous methodologies, particularly random assignment
or other methods that are capable of producing scientifically valid information regarding which activities are effective.
(B) Costs
The Secretary may use funds not to exceed
7 percent of the funding provided to carry
out this section to pay costs associated with
evaluating the outcomes of the healthy fluid
milk incentive projects.
(2) Reporting
Not later than December 31 of 2020, and biennially thereafter, the Secretary shall submit
to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—
(A) the status of each healthy fluid milk
incentives project, and
(B) the results of any completed evaluation that—
(i) include, to the maximum extent practicable, the impact of the healthy fluid
milk incentive projects on health and nu-

trition outcomes among households participating in such projects, and
(ii) have not been submitted in a previous report under this paragraph.
(3) Public dissemination
In addition to the reporting requirements
under paragraph (2), evaluation results shall
be shared publicly to promote wide use of successful strategies.
(e) Funding
(1) Authorization of appropriations
There is authorized to be appropriated
$20,000,000 to carry out and evaluate the outcomes of projects under this section, to remain available until expended.
(2) Appropriations in advance
Only funds appropriated under paragraph (1)
in advance specifically to carry out this section shall be available to carry out this section.
(Pub. L. 115–334, title IV, § 4208, Dec. 20, 2018, 132
Stat. 4667.)
Editorial Notes
REFERENCES IN TEXT
The Food and Nutrition Act of 2008, referred to in
subsec. (c)(4), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat.
703, which is classified generally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 2011 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Food and
Nutrition Act of 2008 which comprises this chapter.

§ 2027. Appropriations and allotments
(a) Authorization of allotments; monthly reports
of expenditures to Congressional committees;
restriction on use of funds; nutrition education improvements
(1) To carry out this chapter, there are authorized to be appropriated such sums as are necessary for each of fiscal years 2008 through 2023.
Not to exceed one-fourth of 1 per centum of the
previous year’s appropriation is authorized in
each such fiscal year to carry out the provisions
of section 2026 of this title, subject to paragraph
(3).
(2) No funds authorized to be appropriated
under this chapter 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 chapter 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—

§ 2027

TITLE 7—AGRICULTURE

(i) enhance interagency cooperation in nutrition education activities; and
(ii) develop cost effective ways to inform
people eligible for supplemental nutrition assistance program benefits 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 3103 of
this title) 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 supplemental nutrition
assistance program offices, and other entities
serving low-income households.
(b) Limitation of value of allotments; reduction
of allotments
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 chapter, 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 supplemental nutrition assistance program
to the extent necessary to comply with the provisions of this subsection.
(c) Manner of reducing allotments
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 2014(d) and 2014(e) of this
title, to the income standards of eligibility, for
households of equal size, determined under section 2014(c) of this title. 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
allotments after any reductions are otherwise
determined under this section.
(d) Requisite action by Secretary to reduce allotments; statement to Congressional committees
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 supplemental nutrition assistance 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

Page 1370

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) Disposition of funds collected pursuant to
claims
Funds collected from claims against households or State agencies, including claims collected pursuant to section 2016(f) 1 of this title,
subsections (g) and (h) of section 2020 of this
title, subsections (b) and (c) of section 2022 of
this title, and section 2025(c)(1) of this title,
claims resulting from resolution of audit findings, and claims collected from households receiving overissuances, shall be credited to the
supplemental nutrition assistance program appropriation account for the fiscal year in which
the collection occurs. Funds provided to State
agencies under section 2025(c) of this title shall
be paid from the appropriation account for the
fiscal year in which the funds are provided.
(f) Transfer of funds
No funds appropriated to carry out this chapter may be transferred to the Office of the Inspector General, or the Office of the General
Counsel, of the Department of Agriculture.
(g) Ban on recruitment and promotion activities
(1) In general
Except as provided in paragraph (2), no funds
authorized to be appropriated under this chapter shall be used by the Secretary for—
(A) recruitment activities designed to persuade an individual to apply for supplemental nutrition assistance program benefits;
(B) television, radio, or billboard advertisements that are designed to promote supplemental nutrition assistance program benefits and enrollment; or
(C) any agreements with foreign governments designed to promote supplemental nutrition assistance program benefits and enrollment.
(2) Limitation
Paragraph (1)(B) shall not apply to programmatic activities undertaken with respect
to benefits made under section 2014(h) of this
title.
(h) Ban on recruitment by entities that receive
funds
The Secretary shall issue regulations that prohibit entities that receive funds under this chapter to compensate any person for conducting
outreach activities relating to participation in,
or for recruiting individuals to apply to receive
benefits under, the supplemental nutrition assistance program, if the amount of the compensation would be based on the number of individuals who apply to receive the benefits.
1 See

References in Text note below.

Page 1371

TITLE 7—AGRICULTURE

(Pub. L. 88–525, § 18, as added Pub. L. 95–113, title
XIII, § 1301, Sept. 29, 1977, 91 Stat. 979; amended
Pub. L. 96–58, § 1, Aug. 14, 1979, 93 Stat. 389; Pub.
L. 96–249, title I, § 134, title II, § 201, May 26, 1980,
94 Stat. 368, 370; Pub. L. 97–18, § 1, June 30, 1981,
95 Stat. 102; Pub. L. 97–98, title XIII, §§ 1331, 1332,
Dec. 22, 1981, 95 Stat. 1291; Pub. L. 97–253, title I,
§§ 180(b)(2), 183, Sept. 8, 1982, 96 Stat. 784, 785;
Pub. L. 99–198, title XV, §§ 1535(c)(2), 1541, 1542(a),
Dec. 23, 1985, 99 Stat. 1585, 1589; Pub. L. 101–624,
title XVII, §§ 1760, 1761, Nov. 28, 1990, 104 Stat.
3803, 3804; Pub. L. 104–127, title IV, § 401(e), Apr.
4, 1996, 110 Stat. 1026; Pub. L. 104–193, title VIII,
§ 853, Aug. 22, 1996, 110 Stat. 2339; Pub. L. 105–362,
title I, § 101(b), Nov. 10, 1998, 112 Stat. 3281; Pub.
L. 107–171, title IV, §§ 4118(c), 4122(c), May 13,
2002, 116 Stat. 321, 324; Pub. L. 110–234, title IV,
§§ 4001(b),
4002(a)(10),
4406(a)(1),
title
VII,
§ 7101(b)(3), May 22, 2008, 122 Stat. 1092, 1095, 1140,
1213; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b),
4002(a)(10), 4406(a)(1), title VII, § 7101(b)(3), June
18, 2008, 122 Stat. 1664, 1853, 1856, 1902, 1974; Pub.
L. 113–79, title IV, §§ 4018(b), (c), 4024, 4030(j), Feb.
7, 2014, 128 Stat. 797, 809, 814; Pub. L. 115–334, title
IV, § 4016, Dec. 20, 2018, 132 Stat. 4648.)
Editorial Notes
REFERENCES IN TEXT
Subsec. (f) of section 2016 of this title, referred to in
subsec. (e), was redesignated (e) by Pub. L. 110–246, title
IV, § 4115(a)(12), June 18, 2008, 122 Stat. 1866.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (a)(1). Pub. L. 115–334 substituted ‘‘2023’’
for ‘‘2018’’.
2014—Subsec. (a)(1). Pub. L. 113–79, § 4024, substituted
‘‘through 2018’’ for ‘‘through 2012’’.
Subsec. (e). Pub. L. 113–79, § 4030(j), substituted ‘‘section 2016(f) of this title’’ for ‘‘sections 2016(f) of this
title’’.
Subsec. (g). Pub. L. 113–79, § 4018(b), added subsec. (g).
Subsec. (h). Pub. L. 113–79, § 4018(c), added subsec. (h).
2008—Subsec. (a)(1). Pub. L. 110–246, § 4406(a)(1), substituted ‘‘for each of fiscal years 2008 through 2012’’ for
‘‘for each of the fiscal years 2003 through 2007’’.
Subsec. (a)(3)(A)(ii). Pub. L. 110–246, § 4002(a)(10), substituted ‘‘supplemental nutrition assistance program
benefits’’ for ‘‘food stamps’’.
Subsec. (a)(3)(B). Pub. L. 110–246, § 7101(b)(3), substituted ‘‘section 3103’’ for ‘‘section 3103(5)’’.
Subsec. (a)(3)(D). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsecs. (b), (d), (e). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
2002—Subsec. (a)(1). Pub. L. 107–171, § 4122(c), substituted ‘‘2003 through 2007’’ for ‘‘1996 through 2002’’.
Subsec. (e). Pub. L. 107–171, § 4118(c), substituted ‘‘subsections (g) and (h) of section 2020 of this title,’’ for
‘‘2020(g) and (h), and’’ and inserted ‘‘and section
2025(c)(1) of this title,’’ after ‘‘section 2022 of this
title,’’.
1998—Subsec. (a)(1). Pub. L. 105–362 struck out at end
‘‘The Secretary shall, by the fifteenth day of each
month, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the
Senate setting forth the Secretary’s best estimate of

§ 2027

the second preceding month’s expenditure, including
administrative costs, as well as the cumulative totals
for the fiscal year. In each monthly report, the Secretary shall also state whether there is reason to believe that supplemental appropriations will be needed
to support the operation of the program through the
end of the fiscal year.’’
1996—Subsec. (a)(1). Pub. L. 104–193 substituted ‘‘1996
through 2002’’ for ‘‘1991 through 1997’’ in first sentence.
Pub. L. 104–127 substituted ‘‘1991 through 1997’’ for
‘‘1991 through 1995’’ in first sentence.
1990—Subsec. (a)(1). Pub. L. 101–624, §§ 1760(1)(A),
1761(1), substituted ‘‘To carry out this chapter, there
are authorized to be appropriated such sums as are necessary for each of the fiscal years 1991 through 1995.’’
for former first two sentences which related to authorizations of appropriation for fiscal years ending September 30, 1978 through September 30, 1990, and inserted
‘‘, subject to paragraph (3)’’.
Pub. L. 101–624, § 1760(1)(B), substituted ‘‘supplemental appropriations will be needed to support the operation of the program through the end of the fiscal
year’’ for ‘‘reductions in the value of allotments issued
to households certified to participate in the food stamp
program will be necessary under subsection (b) of this
section’’.
Subsec. (a)(3). Pub. L. 101–624, § 1761(2), added par. (3).
Subsec. (b). Pub. L. 101–624, § 1760(2), struck out
‘‘amount authorized in subsection (a)(1) of this section’’
after ‘‘exceed the appropriation’’.
1985—Subsec. (a)(1). Pub. L. 99–198, § 1541(1), inserted
provisions authorizing appropriations for fiscal years
ending Sept. 30, 1986, 1987, 1988, 1989, and 1990.
Subsec. (b). Pub. L. 99–198, § 1541(2), substituted ‘‘the
appropriation amount authorized in subsection (a)(1) of
this section,’’ for ‘‘the limitation set herein,’’.
Subsec. (e). Pub. L. 99–198, § 1535(c)(2), substituted reference to subsections (b) and (c) of section 2022 of this
title for reference to 2022(b) of this title.
Subsec. (f). Pub. L. 99–198, § 1542(a), added subsec. (f).
1982—Subsec. (a)(1). Pub. L. 97–253, § 183, inserted provisions for appropriations for the fiscal years ending on
September 30, 1983–1985, inclusive.
Subsec. (e). Pub. L. 97–253, § 180(b)(2), struck out reference to section 2025(g) of this title in first sentence.
1981—Subsec. (a)(1). Pub. L. 97–98, § 1331, struck out
‘‘and’’ after ‘‘September 30, 1980;’’ and inserted ‘‘; and
not in excess of $11,300,000,000 for the fiscal year ending
September 30, 1982’’.
Pub. L. 97–18 substituted ‘‘$11,480,000,000’’ for
‘‘$9,739,276,000’’ in appropriation authorization for the
fiscal year ending Sept. 30, 1981.
Subsec. (e). Pub. L. 97–98, § 1332, added subsec. (e).
1980—Subsec. (a). Pub. L. 96–249 designated existing
provisions as par. (1) and substituted ‘‘$9,491,000,000’’ for
‘‘$6,188,600,000’’ and ‘‘$9,739,276,000’’ for ‘‘$6,235,900,000’’,
and added par. (2).
1979—Subsec. (a). Pub. L. 96–58, § 1(1), (2), substituted
‘‘$6,778,900,000’’ for ‘‘$6,158,900,000’’ in provisions authorizing appropriations for the fiscal year ending Sept. 30,
1979, struck out provisions directing that sums appropriated under this chapter would continue to remain
available until expended, and inserted provisions requiring the Secretary to submit monthly reports to
Senate and House Committees relating to monthly expenditures and stating whether or not there is reason
to believe that reductions in the value of allotments
issued to households certified to participate in the food
stamp program will be necessary under subsec. (b) of
this section.
Subsec. (b). Pub. L. 96–58, § 1(3), substituted ‘‘Notwithstanding any other provision of this chapter, if’’ for
‘‘If’’ at beginning of second sentence.
Subsecs. (c), (d). Pub. L. 96–58, § 1(4), added subsecs. (c)
and (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the

§ 2028

TITLE 7—AGRICULTURE

date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(10), and
4406(a)(1) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by section 4118(c) of Pub. L. 107–171 not
applicable 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, see section 4118(e) of Pub. L. 107–171, set
out as a note under section 2022 of this title.
Amendment by section 4122(c) of Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date
note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 1760(1)(A) and 1761 of Pub. L.
101–624 effective Oct. 1, 1990, and amendment by section
1760(1)(B), (2) of Pub. L. 101–624 effective Nov. 28, 1990,
see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a
note under section 2012 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–198, title XV, § 1542(b), Dec. 23, 1985, 99 Stat.
1589, provided that: ‘‘The amendment made by this section [amending this section] shall become effective on
October 1, 1986.’’
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by section 180(b)(2) of Pub. L. 97–253 effective Oct. 1, 1982, see section 193(b) of Pub. L. 97–253,
set out as a note under section 2012 of this title.
Amendment by section 183 of Pub. L. 97–253 effective
Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out
as a note under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–98 effective upon such date
as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section
1338 of Pub. L. 97–98, set out as a note under section 2012
of this title.
EFFECTIVE DATE
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that this section is effective Oct. 1, 1977.
AVAILABILITY OF AMOUNTS IF SEQUESTRATION ORDER
ISSUED FOR FISCAL YEAR 1989
Amounts available to carry out food stamp program
[now supplemental nutrition assistance program] under
this section to be reduced if sequestration order is
issued under section 902(b) of Title 2, The Congress, see
section 701(c)(1) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of
this title.

§ 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—

Page 1372

(A) the Commonwealth of Puerto Rico; and
(B) American Samoa.
(2) Block grants
(A) Amount of block grants
From the sums appropriated under this
chapter, 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) subject to the availability of appropriations under section 2027(a) of this title,
for each fiscal year thereafter, the amount
specified in clause (i), as adjusted by the
percentage by which the thrifty food plan
has been adjusted under section 2012(u)(4)
of this title 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—
(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 May 13, 2002) 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
1469d(c) of title 48.
(D) Carryover of funds
For fiscal year 2002 and each fiscal year
thereafter, not more than 2 percent of the

Page 1373

TITLE 7—AGRICULTURE

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) Plan for provision of assistance; approval;
noncompliance
(1)(A) In order to receive payments under this
chapter 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;
(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 pe-

§ 2028

riod 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 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) Review; technical assistance
(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 chapter.
(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).

§ 2028

TITLE 7—AGRICULTURE

(d) Penalty for violations
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.
(e) Review, report, and regulation of cash nutrition assistance program benefits provided in
Puerto Rico
(1) Review
The Secretary, in consultation with the Secretary of Health and Human Services, shall
carry out a review of the provision of nutrition assistance in Puerto Rico in the form of
cash benefits under this section that shall include—
(A) an examination of the history of and
purpose for distribution of a portion of
monthly benefits in the form of cash;
(B) an examination of current barriers to
the redemption of non-cash benefits by current program participants and retailers;
(C) an examination of current usage of
cash benefits for the purchase of non-food
and other prohibited items;
(D) an identification and assessment of potential adverse effects of the discontinuation
of a portion of benefits in the form of cash
for program participants and retailers; and
(E) an examination of such other factors as
the Secretary determines to be relevant.
(2) Report
Not later than 18 months after February 7,
2014, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate,
a report that describes the results of the review conducted under this subsection.
(3) Regulation
(A) In general
Except as provided in subparagraph (B),
and notwithstanding the second sentence of
subsection (b)(1)(B)(i), the Secretary shall
disapprove any plan submitted pursuant to
subsection (b)(1)(A)—
(i) for fiscal year 2017 that provides for
the distribution of more than 20 percent of
the nutrition assistance benefit of a participant in the form of cash;
(ii) for fiscal year 2018 that provides for
the distribution of more than 15 percent of
the nutrition assistance benefit of a participant in the form of cash;
(iii) for fiscal year 2019 that provides for
the distribution of more than 10 percent of
the nutrition assistance benefit of a participant in the form of cash;
(iv) for fiscal year 2020 that provides for
the distribution of more than 5 percent of
the nutrition assistance benefit of a participant in the form of cash; and
(v) for fiscal year 2021 that provides for
the distribution of any portion of the nu-

Page 1374

trition assistance benefit of a participant
in the form of cash.
(B) Exception
Notwithstanding subparagraph (A), the
Secretary, informed by the report required
under paragraph (2), may approve a plan
that exempts participants or categories of
participants if the Secretary determines
that discontinuation of benefits in the form
of cash is likely to have significant adverse
effects.
(4) Funding
Out of any funds made available under section 2027 of this title for fiscal year 2014, the
Secretary shall make available to carry out
the review and report described in paragraphs
(1) and (2) $1,000,000, to remain available until
expended.
(Pub. L. 88–525, § 19, as added Pub. L. 97–35, title
I, § 116(a)(2), Aug. 13, 1981, 95 Stat. 364; amended
Pub. L. 97–253, title I, § 184(a), Sept. 8, 1982, 96
Stat. 785; Pub. L. 98–204, § 1, Dec. 2, 1983, 97 Stat.
1385; Pub. L. 99–114, § 2, Oct. 1, 1985, 99 Stat. 488;
Pub. L. 99–157, § 3, Nov. 15, 1985, 99 Stat. 818; Pub.
L. 99–182, § 3, Dec. 13, 1985, 99 Stat. 1173; Pub. L.
99–198, title XV, § 1543, Dec. 23, 1985, 99 Stat. 1589;
Pub. L. 101–624, title XVII, § 1762(b), Nov. 28, 1990,
104 Stat. 3804; Pub. L. 102–237, title IX, § 941(9),
Dec. 13, 1991, 105 Stat. 1893; Pub. L. 103–66, title
XIII, § 13917, Aug. 10, 1993, 107 Stat. 674; Pub. L.
104–127, title IV, § 401(f), Apr. 4, 1996, 110 Stat.
1026; Pub. L. 106–387, § 1(a) [title VIII, § 821], Oct.
28, 2000, 114 Stat. 1549, 1549A–59; Pub. L. 107–171,
title IV, § 4124(a), May 13, 2002, 116 Stat. 324; Pub.
L. 110–234, title IV, §§ 4115(b)(13), 4406(a)(6), May
22, 2008, 122 Stat. 1108, 1141; Pub. L. 110–246, § 4(a),
title IV, §§ 4115(b)(13), 4406(a)(6), June 18, 2008, 122
Stat. 1664, 1870, 1902; Pub. L. 113–79, title IV,
§ 4025, Feb. 7, 2014, 128 Stat. 809.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2014—Subsec. (e). Pub. L. 113–79 added subsec. (e).
2008—Subsec.
(a)(2)(A)(ii).
Pub.
L.
110–246,
§§ 4115(b)(13), 4406(a)(6), substituted ‘‘subject to the
availability of appropriations under section 2027(a) of
this title, for each fiscal year thereafter’’ for ‘‘for each
of fiscal years 2004 through 2007’’ and ‘‘section
2012(u)(4)’’ for ‘‘section 2012(o)(4)’’.
2002—Pub. L. 107–171, § 4124(a)(1), substituted ‘‘Consolidated block grants for Puerto Rico and American
Samoa’’ for ‘‘Puerto Rico block grant’’ in section
catchline.
Subsec. (a). Pub. L. 107–171, § 4124(a)(1), inserted heading, added pars. (1) and (2), redesignated former par. (2)
as (3) and inserted heading, and struck out former par.
(1) which read as follows:
‘‘(1)(A) From the sums appropriated under this chapter, the Secretary shall, subject to the provisions of
this section, pay to the Commonwealth of Puerto
Rico—
‘‘(i) for fiscal year 2000, $1,268,000,000;
‘‘(ii) for fiscal year 2001, the amount required to be
paid under clause (i) for fiscal year 2000, as adjusted
by the change in the Food at Home series of the Con-

Page 1375

TITLE 7—AGRICULTURE

sumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor, for the most recent 12-month period ending in June; and
‘‘(iii) for fiscal year 2002, the amount required to be
paid under clause (ii) for fiscal year 2001, as adjusted
by the percentage by which the thrifty food plan is
adjusted for fiscal year 2002 under section 2012(o)(4) of
this title;
to finance 100 percent of the expenditures for food assistance provided to needy persons and 50 percent of the
administrative expenses related to the provision of the
assistance.
‘‘(B) The payments to the Commonwealth for any fiscal year shall not exceed the expenditures by that jurisdiction during that year for the provision of the assistance the provision of which is included in the plan
of the Commonwealth approved under subsection (b) of
this section and 50 per centum of the related administrative expenses.’’
Subsec. (b). Pub. L. 107–171, § 4124(a)(2), substituted
‘‘subsection (a)(2)(B)’’ for ‘‘subsection (a)(1)(A)’’ wherever appearing.
Subsec. (c). Pub. L. 107–171, § 4124(a)(3), substituted
‘‘subsection (a)(2)(A)’’ for ‘‘subsection (a)(1)(A)’’ in two
places.
2000—Subsec. (a)(1)(A). Pub. L. 106–387 substituted
‘‘Puerto Rico—’’ and cls. (i) to (iii) for ‘‘Puerto Rico
$1,143,000,000 for fiscal year 1996, $1,174,000,000 for fiscal
year 1997, $1,204,000,000 for fiscal year 1998, $1,236,000,000
for fiscal year 1999, $1,268,000,000 for fiscal year 2000,
$1,301,000,000 for fiscal year 2001, and $1,335,000,000 for
fiscal year 2002,’’.
1996—Subsec. (a)(1)(A). Pub. L. 104–127 substituted
‘‘$1,143,000,000 for fiscal year 1996, $1,174,000,000 for fiscal
year 1997, $1,204,000,000 for fiscal year 1998, $1,236,000,000
for fiscal year 1999, $1,268,000,000 for fiscal year 2000,
$1,301,000,000 for fiscal year 2001, and $1,335,000,000 for
fiscal year 2002’’ for ‘‘$974,000,000 for fiscal year 1991,
$1,013,000,000 for fiscal year 1992, $1,051,000,000 for fiscal
year 1993, $1,097,000,000 for fiscal year 1994, and
$1,143,000,000 for fiscal year 1995’’.
1993—Subsec. (a)(1)(A). Pub. L. 103–66 substituted
‘‘$1,097,000,000’’ for ‘‘$1,091,000,000’’ and ‘‘$1,143,000,000’’
for ‘‘$1,133,000,000’’.
1991—Subsec. (b)(1)(A)(i). Pub. L. 102–237 struck out a
period after ‘‘directly’’.
1990—Subsec. (a)(1)(A). Pub. L. 101–624 amended subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘From the sums appropriated under
this chapter the Secretary shall, subject to the provisions of this subsection and subsection (b) of this section, pay to the Commonwealth of Puerto Rico not to
exceed $825,000,000 for the fiscal year ending September
30, 1986, $852,750,000 for the fiscal year ending September 30, 1987, $879,750,000 for the fiscal year ending
September 30, 1988, $908,250,000 for the fiscal year ending September 30, 1989, and $936,750,000 for the fiscal
year ending September 30, 1990, to finance 100 per centum of the expenditures for food assistance provided to
needy persons, and 50 per centum of the administrative
expenses related to the provision of such assistance.’’
1985—Subsec. (a)(1)(A). Pub. L. 99–198, § 1543(1), (2),
substituted ‘‘for the fiscal year ending September 30,
1986, $852,750,000 for the fiscal year ending September
30, 1987, $879,750,000 for the fiscal year ending September 30, 1988, $908,250,000 for the fiscal year ending
September 30, 1989, and $936,750,000 for the fiscal year
ending September 30, 1990,’’ for ‘‘for each fiscal year’’
and struck out ‘‘noncash’’ after ‘‘100 per centum of the
expenditures for’’.
Pub. L. 99–114, Pub. L. 99–157, and Pub. L. 99–182, made
identical amendments which temporarily struck out
‘‘noncash’’ after ‘‘100 per centum of the expenditures
for’’, for specified periods of time. See Effective and
Termination Dates of 1985 Amendments note below.
Subsec. (b)(1)(A)(i). Pub. L. 99–198, § 1543(3), substituted ‘‘the agency or agencies directly.’’ for ‘‘a single agency which shall be’’.
1983—Subsec. (a)(1)(A). Pub. L. 98–204 temporarily
struck out ‘‘noncash’’ after ‘‘100 per centum of the ex-

§ 2028

penditures for’’. See Effective and Termination Dates
of 1983 Amendment note below.
1982—Subsec. (a)(1)(A). Pub. L. 97–253 substituted ‘‘the
expenditures for noncash food assistance’’ for ‘‘the expenditures for food assistance’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4115(b)(13) and 4406(a)(6) of
Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of
Pub. L. 110–246, set out as a note under section 1161 of
Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4124(c), (d), May 13, 2002, 116
Stat. 326, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(B), (2)(C), May 22, 2008, 122 Stat. 1096; Pub. L.
110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(C), June 18,
2008, 122 Stat. 1664, 1857, 1858, provided that:
‘‘(c) APPLICABILITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraph
(2), the amendments made by this section [amending
this section and repealing section 2033 of this title]
apply beginning on October 1, 2002.
‘‘(2) EXCEPTIONS.—Subparagraphs (B)(ii) and (D) of
section 19(a)(2) of the Food and Nutrition Act of 2008
[7 U.S.C. 2028(a)(2)] (as amended by subsection (a)(1))
apply beginning on the date of enactment of this Act
[May 13, 2002].
‘‘(d) EFFECTIVE DATE.—The amendments made by this
section [amending this section and repealing section
2033 of this title] take effect on the date of enactment
of this Act [May 13, 2002].’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on, Oct. 1, 1993, see section
13971(a) of Pub. L. 103–66, set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective Oct. 1, 1990,
see section 1781(b)(1) of Pub. L. 101–624, set out as a note
under section 2012 of this title.
EFFECTIVE AND TERMINATION DATES OF 1985
AMENDMENTS
Pub. L. 99–182, § 3, Dec. 13, 1985, 99 Stat. 1173, provided
that the amendment made by section 3 is effective for
the period beginning Dec. 14, 1985, and ending Dec. 31,
1985.
Pub. L. 99–157, § 3, Nov. 15, 1985, 99 Stat. 818, provided
that the amendment made by section 3 is effective for
the period beginning Nov. 16, 1985, and ending Dec. 13,
1985.
Pub. L. 99–114, § 2, Oct. 1, 1985, 99 Stat. 488, provided
that the amendment made by section 2 is effective for
the period beginning Oct. 1, 1985, and ending Nov. 15,
1985.
EFFECTIVE AND TERMINATION DATES OF 1983
AMENDMENT
Pub. L. 98–204, § 1, Dec. 2, 1983, 97 Stat. 1385, provided
that the amendment made by that section is effective
for the period beginning Jan. 1, 1984, and ending Sept.
30, 1985.

§ 2029

TITLE 7—AGRICULTURE
EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
Pub. L. 97–253, title I, § 184(b), Sept. 8, 1982, 96 Stat.
785, as amended by Pub. L. 98–107, § 101(b), Oct. 1, 1983,
97 Stat. 734, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall not apply
with respect to any plan submitted under section 19(b)
of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] (7 U.S.C. 2028(b)) by the Commonwealth of Puerto Rico in order to receive payments for
the fiscal year ending September 30, 1982, or the fiscal
year ending September 30, 1983, or for the first three
months of the fiscal year ending September 30, 1984.’’
EFFECTIVE DATE
Pub. L. 97–35, title I, § 116(a), Aug. 13, 1981, 95 Stat. 364,
provided that this section is effective July 1, 1982.
NUTRITION ASSISTANCE PROGRAM IN PUERTO RICO
Pub. L. 101–624, title XVII, § 1762(a), Nov. 28, 1990, 104
Stat. 3804, provided that: ‘‘It is the policy of Congress
that citizens of the United States who reside in the
Commonwealth of Puerto Rico should be safeguarded
against hunger and treated on an equitable and fair
basis with other citizens under Federal nutritional programs.’’
NUTRITIONAL NEEDS OF PUERTO RICANS; STUDY AND
REPORT TO CONGRESS
Pub. L. 101–624, title XVII, § 1762(c), (d), Nov. 28, 1990,
104 Stat. 3805, as amended by Pub. L. 110–234, title IV,
§ 4002(b)(1)(A), (B), (D), (2)(KK), May 22, 2008, 122 Stat.
1095, 1096, 1098; Pub. L. 110–246, § 4(a), title IV,
§ 4002(b)(1)(A), (B), (D), (2)(KK), June 18, 2008, 122 Stat.
1664, 1857, 1859, provided that:
‘‘(c) STUDY OF NUTRITIONAL NEEDS OF PUERTO
RICANS.—The Comptroller General of the United States
shall conduct a study of—
‘‘(1) the nutritional needs of the citizens of the
Commonwealth of Puerto Rico, including—
‘‘(A) the adequacy of the nutritional level of the
diets of members of households receiving assistance
under the nutrition assistance program and other
households not currently receiving the assistance;
‘‘(B) the incidence of inadequate nutrition among
children and the elderly residing in the Commonwealth;
‘‘(C) the nutritional impact of restoring the level
of nutritional assistance provided to households in
the Commonwealth to the level of the assistance
provided to other households in the United States;
and
‘‘(D) such other factors as the Comptroller General considers appropriate; and
‘‘(2) the potential alternative means of providing
nutritional assistance in the Commonwealth of Puerto Rico, including—
‘‘(A) the impact of restoring the Commonwealth
to the supplemental nutrition assistance program;
‘‘(B) increasing the benefits provided under the
nutrition assistance program to the aggregate
value of supplemental nutrition assistance program
benefits coupons that would be distributed to
households in the Commonwealth if the Commonwealth were to participate in the supplemental nutrition assistance program; and
‘‘(C) the usefulness of adjustments to standards of
eligibility and other factors appropriate to the circumstances of the Commonwealth comparable to
those adjustments made under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for Alaska,
Hawaii, Guam, and the Virgin Islands of the United
States.
‘‘(d) REPORT OF FINDINGS.—Not later than August 1,
1992, the Comptroller General shall submit a final report on the findings of the study required under subsection (c) to the Committee on Agriculture of the

Page 1376

House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.’’
STUDY OF FOOD ASSISTANCE PROGRAM IN PUERTO RICO;
REPORT TO CONGRESS BY MARCH 1, 1985
Pub. L. 98–204, § 2, Dec. 2, 1983, 97 Stat. 1385, directed
the Secretary of Agriculture to conduct a study of the
food assistance program in Puerto Rico and to submit
a final report of the findings of the study to Committees of Congress no later than Mar. 1, 1985.
AMOUNT PAYABLE TO THE COMMONWEALTH OF PUERTO
RICO FOR FISCAL YEAR 1982; PLANS TO BE SUBMITTED TO THE SECRETARY FOR GRANTS FOR FISCAL
YEARS 1982 AND 1983
Pub. L. 97–35, title I, § 116(b), Aug. 13, 1981, 95 Stat. 366,
provided for a payment of $206,500,000 to Puerto Rico for
fiscal year 1982, notwithstanding the provisions of this
section, and required Puerto Rico to submit the plan
required by the provisions of subsec. (b) of this section
by Apr. 1, 1982, to receive payments for fiscal years 1982
and 1983.

§ 2029. Workfare
(a) Program plan; guidelines; compliance
(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 supplemental nutrition assistance 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 2017(a) of this title, 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) Exempt household members
A household member shall be exempt from
workfare requirements imposed under this section if such member is—
(1) exempt from section 2015(d)(1) of this
title as the result of clause (B), (C), (D), (E), or
(F) of section 2015(d)(2) of this title;
(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

Page 1377

§ 2029

TITLE 7—AGRICULTURE

(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) Valuation or duration of work
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) Nature, conditions, and costs of work
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) Job search period
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 2015(d)(1) of this title to
participate in the supplemental nutrition assistance program for failing to comply with this
section.
(g) Payment of administrative expenses
(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.
(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.
(Pub. L. 88–525, § 20, as added Pub. L. 97–98, title
XIII, § 1333, Dec. 22, 1981, 95 Stat. 1291; amended
Pub. L. 97–253, title I, §§ 185–188, Sept. 8, 1982, 96
Stat. 786; Pub. L. 99–198, title XV, § 1517(d), Dec.
23, 1985, 99 Stat. 1577; Pub. L. 102–237, title IX,
§ 941(10), Dec. 13, 1991, 105 Stat. 1893; Pub. L.
104–193, title I, § 109(e), title VIII, § 815(b)(2), Aug.
22, 1996, 110 Stat. 2170, 2317; Pub. L. 110–234, title
IV, § 4001(b), May 22, 2008, 122 Stat. 1092; Pub. L.
110–246, § 4(a), title IV, § 4001(b), June 18, 2008, 122
Stat. 1664, 1853.)
Editorial Notes
REFERENCES IN TEXT
The Fair Labor Standards Act of 1938, referred to in
subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060,
which is classified generally to chapter 8 (§ 201 et seq.)
of Title 29, Labor. For complete classification of this
Act to the Code, see section 201 of Title 29 and Tables.
The Social Security Act, referred to in subsec. (b)(2),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title IV of the
Act is classified generally to subchapter IV (§ 601 et
seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Subsecs. (a)(1), (f). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
1996—Subsec. (a)(2)(B). Pub. L. 104–193, § 109(e)(1), substituted ‘‘operating any’’ for ‘‘operating—
‘‘(i) a workfare program pursuant to title IV of the
Social Security Act (42 U.S.C. 601 et seq.); or
‘‘(ii) any other’’.
Subsec. (b). Pub. L. 104–193, § 109(e)(2), struck out
‘‘(1)’’ before ‘‘A household member shall be exempt’’,
redesignated subpars. (A) to (F) as pars. (1) to (6), respectively, in par. (2), substituted ‘‘a work activity’’ for
‘‘a work training program’’, and struck out former par.
(2) which read as follows:
‘‘(2)(A) Subject to subparagraphs (B) and (C), in the
case of a household that is exempt from work requirements imposed under this chapter as the result of participation in a community work experience program established under section 409 of the Social Security Act
(42 U.S.C. 609), the maximum number of hours in a
month for which all members of such household may be
required to participate in such program shall equal the
result obtained by dividing—
‘‘(i) the amount of assistance paid to such household for such month under title IV of such Act, together with the value of the food stamp allotment of
such household for such month; by
‘‘(ii) the higher of the Federal or State minimum
wage in effect for such month.
‘‘(B) In no event may any such member be required to
participate in such program more than 120 hours per
month.
‘‘(C) For the purpose of subparagraph (A)(i), the value
of the food stamp allotment of a household for a month

§ 2030

TITLE 7—AGRICULTURE

shall be determined in accordance with regulations
governing the issuance of an allotment to a household
that contains more members than the number of members in an assistance unit established under title IV of
such Act.’’
Subsec. (f). Pub. L. 104–193, § 815(b)(2), added subsec. (f)
and struck out former subsec. (f) which read as follows:
‘‘In the event that any person fails to comply with the
requirements of this section, neither that person nor
the household to which that person belongs shall be eligible to participate in the food stamp program for two
months, unless that person or another person in the
household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification
period.’’
1991—Subsec. (g)(2). Pub. L. 102–237 realigned the margins of subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B).
1985—Subsec. (b). Pub. L. 99–198 in amending subsec.
(b) generally, designated existing provisions of subsec.
(b) as par. (1), reorganized and expanded provisions of
par. (1) as thus designated, lowered minimum age for
exempted household members from eighteen years to
sixteen years, and added par. (2).
1982—Subsec. (a). Pub. L. 97–253, § 185, redesignated
existing provisions, formerly undesignated, as par. (1),
and added par. (2).
Subsec. (b)(4). Pub. L. 97–253, § 186, substituted ‘‘at the
option of the operating agency, subject to and currently actively and satisfactorily participating’’ for
‘‘subject to and currently involved’’.
Subsec. (c). Pub. L. 97–253, § 187, substituted ‘‘, 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’’ for
‘‘either exceeds twenty hours a week or would, together
with any other hours worked in any other compensated
capacity by such member on a regular or predictable
part-time basis, exceed thirty hours a week’’.
Subsec. (g)(2), (3). Pub. L. 97–253, § 188, added par. (2)
and redesignated former par. (2) as (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4001(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set
out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 109(e) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State
options to accelerate such date, rules relating to
claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for
terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub.
L. 104–193, as amended, set out as an Effective Date
note under section 601 of Title 42, The Public Health
and Welfare.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by sections 185 to 187 of Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253,
set out as a note under section 2012 of this title.

Page 1378

Amendment by section 188 of Pub. L. 97–253 effective
Oct. 1, 1982, see section 193(b) of Pub. L. 97–253, set out
as a note under section 2012 of this title.
EFFECTIVE DATE
Section effective on earlier of Sept. 8, 1982, or date effective pursuant to section 1338 of Pub. L. 97–98, set out
as an Effective Date of 1981 Amendment note under section 2012 of this title, which made the section effective
on such date as Secretary of Agriculture may prescribe,
taking into account need for orderly implementation,
see section 192(b) of Pub. L. 97–253 set out as an Effective Date of 1982 Amendment note under section 2012 of
this title.

§ 2030. Repealed. Pub. L. 110–234, title IV,
§ 4115(b)(14), May 22, 2008, 122 Stat. 1108, and
Pub. L. 110–246, § 4(a), title IV, § 4115(b)(14),
June 18, 2008, 122 Stat. 1664, 1870
Section, Pub. L. 88–525, § 21, as added Pub. L. 100–203,
title I, § 1509, Dec. 22, 1987, 101 Stat. 1330–29; amended
Pub. L. 100–481, § 1, Oct. 11, 1988, 102 Stat. 2336; Pub. L.
104–316, title I, § 104(a), Oct. 19, 1996, 110 Stat. 3829, related to a demonstration project as an alternative to
the food stamp program in the State of Washington.
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 repealed this section. Pub. L. 110–234 was repealed by section 4(a) of Pub.
L. 110–246.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal of section effective Oct. 1, 2008, see section
4407 of Pub. L. 110–246, set out as an Effective Date of
2008 Amendment note under section 1161 of Title 2, The
Congress.
Repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
May 22, 2008, the date of enactment of Pub. L. 110–234,
see section 4 of Pub. L. 110–246, set out as an Effective
Date note under section 8701 of this title.

§ 2031. Minnesota Family Investment Project
(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 supplemental nutrition assistance program
and programs under parts A and F 1 of title IV of
the Social Security Act [42 U.S.C. 601 et seq.].
The State may provide cash payments under the
Project, subject to paragraph (2), that replace
assistance otherwise available under the supplemental nutrition assistance 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
1 See

References in Text note below.

Page 1379

TITLE 7—AGRICULTURE

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 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 [42 U.S.C. 601 et seq.] or the supplemental
nutrition assistance 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 supplemental nutrition assistance 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 supplemental nutrition assistance
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)—
(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 supplemental
nutrition assistance 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 supplemental nutrition assistance 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

§ 2031

could receive more assistance, in the aggregate, under the supplemental nutrition assistance 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 supplemental nutrition assistance 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 benefits
such family could have received under the supplemental nutrition assistance 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 benefits.
(E)(i) Individuals ineligible for the Project
who are members of a household including a
participating family shall have their eligibility for the supplemental nutrition assistance program determined and have their benefits calculated and issued following the standards established under the supplemental nutrition assistance program, except as provided
differently in this subparagraph.
(ii) The State agency shall determine such
individuals’ eligibility for benefits under the
supplemental nutrition assistance 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 2014(c)(1) of this title) and benefits, the
State agency shall apply the maximum excess
shelter expense deduction specified under section 2014(e) of this title.
(iv) Such individuals’ monthly allotment
shall be the higher of $10 or 75 percent of the
amount calculated following the standards of
the supplemental nutrition assistance 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 2015(d)(4) of
this title to families similar to participating
families elsewhere in the State.

§ 2031

TITLE 7—AGRICULTURE

(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 supplemental nutrition assistance 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 supplemental nutrition assistance program, and benefits under
the supplemental nutrition assistance program shall be issued to those found eligible
following the standards established under
the supplemental nutrition assistance program;
(C) expedited benefits shall be provided
under terms no more restrictive than under
paragraph (9) of section 2020(e) of this title
and the laws of Minnesota and shall include
expedited issuance of designated food assistance provided through the Project or expedited benefits through the supplemental nutrition assistance 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
individuals, 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 participate 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.

Page 1380

(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 supplemental nutrition assistance 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
supplemental nutrition assistance 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
supplemental nutrition assistance program.
(8) Paragraphs (1)(B) and (8) of section 2020(e)
of this title 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 supplemental nutrition assistance program.
(9) Assistance provided under the Project
shall be reduced to reflect the pro rata value
of any benefits received under the supplemental nutrition assistance 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 supplemental nutrition assistance 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 supplemental nutrition assistance 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 supplemental nutrition assistance program. Benefits 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 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 supplemental nutrition assistance program or the
family or individual has failed to supply the
needed additional information within ten
days. Food benefits shall be provided to families and individuals excluded from the Project

Page 1381

TITLE 7—AGRICULTURE

under this clause who are determined eligible
for the supplemental nutrition assistance program retroactive to the date of the determination of eligibility. The Secretary shall pay to
the State the value of the benefits 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 benefits
are provided.
(C) Each family whose Project participation
is terminated shall be screened for potential
eligibility for the supplemental nutrition assistance 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 supplemental nutrition
assistance 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 supplemental
nutrition assistance program. Each family or
family member who is determined through the
screening or otherwise to be ineligible for the
supplemental nutrition assistance program
shall be notified of that determination.
(11) Section 2020(e)(10) of this title 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 supplemental nutrition
assistance 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) 1 of the
Social Security Act [42 U.S.C. 602(a)(4)].
(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 this chapter, or
changes in amounts of Federal funds available
to States and localities under the supplemental nutrition assistance program.
(13) The State shall carry out the supplemental nutrition assistance program throughout the State while the State carries out the
Project.
(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 Sec-

§ 2031

retary 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 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 chapter provide
grant awards and pay the State each calendar
quarter for—
(i) the cost of food assistance provided
under the Project equal to the amount that
would have otherwise been issued in the
form of benefits under the supplemental nu-

§ 2031

TITLE 7—AGRICULTURE

trition assistance 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
2025 of this title 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
2025 of this title 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 benefits 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 benefits 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 this chapter, and
changes in or additional amounts of Federal
funds available to States and localities under
the supplemental nutrition assistance program.
(e) Waiver
With respect to the Project, the Secretary
shall waive compliance with any requirement
contained in this chapter (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.

Page 1382

(g) Construction
(1) For purposes of any Federal, State, or local
law other than part A of title IV of the Social
Security Act [42 U.S.C. 601 et seq.] or this chapter—
(A) cash assistance provided under the
Project that is designated as food assistance
by the State shall be treated in the same manner as benefits allotments under the supplemental nutrition assistance program are
treated; and
(B) participating families shall be treated in
the same manner as participants in the supplemental nutrition assistance 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 2025(c) of this title.
For purposes of establishing the total value of
allotments under section 2025(c)(1) of this title,
benefits 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 supplemental nutrition assistance 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 longterm dependency, movement toward self-support, 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

Page 1383

TITLE 7—AGRICULTURE

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.
(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.
(Pub. L. 88–525, § 22, as added Pub. L. 101–202,
Dec. 6, 1989, 103 Stat. 1796; amended Pub. L.
102–237, title IX, § 941(11), Dec. 13, 1991, 105 Stat.
1893; Pub. L. 107–171, title IV, § 4118(d), May 13,
2002, 116 Stat. 321; Pub. L. 110–234, title IV,
§§ 4001(b), 4002(a)(11), 4115(b)(15), May 22, 2008, 122
Stat. 1092, 1095, 1108; Pub. L. 110–246, § 4(a), title
IV, §§ 4001(b), 4002(a)(11), 4115(b)(15), June 18, 2008,
122 Stat. 1664, 1853, 1856, 1870; Pub. L. 113–79, title
IV, § 4030(k), Feb. 7, 2014, 128 Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (a),
(b)(2), (3)(A), (B)(ii), (iii), (C)(ii), (iii), (5), (7), and (g)(1),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title
IV of the Act is classified generally to part A (§ 601 et
seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Part F of title IV of the Act was
classified generally to part F (§ 681 et seq.) of subchapter IV of chapter 7 of Title 42, prior to repeal by
Pub. L. 104–193, title I, § 108(e), Aug. 22, 1996, 110 Stat.
2167. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Section 482 of the Social Security Act, referred to in
subsec. (b)(11), was classified to section 682 of Title 42,
The Public Health and Welfare, prior to repeal by Pub.
L. 104–193, title I, § 108(e), Aug. 22, 1996, 110 Stat. 2167.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2014—Subsec. (b)(10)(B)(i). Pub. L. 113–79 substituted
‘‘Benefits shall’’ for ‘‘Food benefits shall’’.
2008—Pub. L. 110–246, § 4002(a)(11)(A), substituted
‘‘Minnesota Family Investment Project’’ for ‘‘Food
stamp portion of Minnesota Family Investment Plan’’
in section catchline.

§ 2031

Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing.
Subsec. (b)(3)(D). Pub. L. 110–246, § 4115(b)(15)(B), substituted ‘‘benefits’’ for ‘‘coupons’’ in two places.
Subsec. (b)(9). Pub. L. 110–246, § 4115(b)(15)(B), substituted ‘‘benefits’’ for ‘‘coupons’’.
Subsec. (b)(10)(B)(i). Pub. L. 110–246, § 4115(b)(15)(B),
substituted ‘‘benefits shall be issued’’ for ‘‘coupons
shall be issued’’.
Subsec. (b)(10)(B)(ii). Pub. L. 110–246, § 4115(b)(15)(A),
(B), substituted ‘‘benefits shall be provided’’ for ‘‘coupons shall be provided’’, ‘‘value of the benefits’’ for
‘‘value of the food coupons’’, and ‘‘the date benefits’’
for ‘‘the date food coupons’’.
Subsec. (b)(12). Pub. L. 110–246, § 4002(a)(11)(B), made
technical amendment to reference in original Act
which appears in text as reference to this chapter.
Subsec. (d)(1), (2). Pub. L. 110–246, § 4115(b)(15)(B), substituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
Subsec. (d)(3). Pub. L. 110–246, § 4002(a)(11)(B), made
technical amendment to reference in original Act
which appears in text as reference to this chapter.
Subsec. (g)(1). Pub. L. 110–246, § 4002(a)(11)(C), made
technical amendment to reference in original Act
which appears in introductory provisions as reference
to this chapter.
Subsec. (g)(1)(A). Pub. L. 110–246, § 4115(b)(15)(C), substituted ‘‘benefits’’ for ‘‘coupon’’.
Subsec. (h). Pub. L. 110–246, § 4115(b)(15)(A), substituted ‘‘benefits’’ for ‘‘food coupons’’.
2002—Subsec. (h). Pub. L. 107–171 substituted ‘‘section
2025(c)(1) of this title’’ for ‘‘section 2025(c)(1)(C) of this
title’’ and struck out ‘‘Payments for administrative
costs incurred by the State shall be included for purposes of establishing the adjustment under section
2025(c)(1)(A) of this title.’’ at end.
1991—Pub. L. 102–237, § 941(11)(A), inserted section
catchline.
Subsec. (d)(2)(B). Pub. L. 102–237, § 941(11)(B), substituted ‘‘subsection (b)(3)(D)(iii)’’ for ‘‘paragraph
(b)(3)(D)(iii)’’.
Subsec. (h). Pub. L. 102–237, § 941(11)(C), substituted
‘‘subsection (b)(12)’’ for ‘‘subsection b(12)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(11), and
4115(b)(15) of Pub. L. 110–246 effective Oct. 1, 2008, see
section 4407 of Pub. L. 110–246, set out as a note under
section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–171 not applicable 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, see
section 4118(e) of Pub. L. 107–171, set out as a note under
section 2022 of this title.
Amendment by Pub. L. 107–171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L.
107–171, set out as an Effective Date note under section
1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (f)(2) of this section relating to submitting

§ 2032

TITLE 7—AGRICULTURE

reports on periodic audits to certain committees of
Congress, see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance, and page 2 of House Document No. 103–7.

§ 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 November 28,
1990, the Secretary shall complete a review
of regulations and standards (in effect on
November 28, 1990) 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 November 28, 1990) 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
2025(a) or 2025(g) of this title.
(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 2025(g) of this title 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 chapter and regulations issued under this chapter.
(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.
(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 compli-

Page 1384

ance 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 supplemental nutrition assistance program delivery in compliance with
this chapter and regulations issued under this
chapter.
(Pub. L. 88–525, § 23, as added Pub. L. 101–624,
title XVII, § 1763(a), Nov. 28, 1990, 104 Stat. 3805;
amended Pub. L. 110–234, title IV, § 4001(b), May
22, 2008, 122 Stat. 1092; Pub. L. 110–246, § 4(a), title
IV, § 4001(b), June 18, 2008, 122 Stat. 1664, 1853.)
Editorial Notes
CODIFICATION
November 28, 1990, referred to in subsec. (a)(1)(B), was
in the original ‘‘the date of enactment of this Act’’,
which was translated as meaning the date of enactment
of Pub. L. 101–624, which enacted this section, to reflect
the probable intent of Congress.
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
Subsec. (c). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4001(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set
out as a note under section 1161 of Title 2, The Congress.

§ 2033. Repealed. Pub. L. 107–171, title
§ 4124(b), May 13, 2002, 116 Stat. 326

IV,

Section, Pub. L. 88–525, § 24, as added Pub. L. 104–127,
title IV, § 401(g), Apr. 4, 1996, 110 Stat. 1027, related to
payments by the Secretary to the Territory of American Samoa for fiscal years 1996 through 2002 to finance
expenditures for nutrition assistance program extended
under section 1469d(c) of title 48.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective May 13, 2002 and applicable beginning
on Oct. 1, 2002, see section 4124(c), (d) of Pub. L. 107–171,
set out as an Effective Date of 2002 Amendment note
under section 2028 of this title.

§ 2034. Assistance for community food projects
(a) Definitions
In this section:
(1) Community food project
In this section, the term ‘‘community food
project’’ means a community-based project
that—

Page 1385

TITLE 7—AGRICULTURE

(A) requires a 1-time contribution of Federal assistance to become self-sustaining;
and
(B) is designed—
(i)(I) to meet the food needs of low-income individuals through food distribution, community outreach to assist in participation in Federally assisted nutrition
programs, or improving access to food as
part of a comprehensive service;
(II) to increase the self-reliance of communities in providing for the food needs of
the communities; and
(III) to promote comprehensive responses
to local food, food access, farm, and nutrition issues; or
(ii) to meet specific State, local, or
neighborhood food and agricultural needs,
including needs relating to—
(I) equipment necessary for the efficient operation of a project;
(II) planning for long-term solutions;
or
(III) the creation of innovative marketing activities that mutually benefit
agricultural producers and low-income
consumers.
(2) Gleaner
The term ‘‘gleaner’’ means an entity that—
(A) collects edible, surplus food that would
be thrown away and distributes the food to
agencies or nonprofit organizations that feed
the hungry; or
(B) harvests for free distribution to the
needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that
has been donated by the owner of the crop.
(3) Hunger-free communities goal
The term ‘‘hunger-free communities goal’’
means any of the 14 goals described in House
Concurrent Resolution 302, 102nd Congress,
agreed to October 5, 1992.
(b) Authority to provide assistance
(1) In general
From amounts made available to carry out
this chapter, 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;
(B) $5,000,000 for each of fiscal years 2008
through 2014;
(C) $9,000,000 for each of fiscal years 2015
through 2018; and
(D) $5,000,000 for fiscal year 2019 and each
fiscal year thereafter.
(c) Eligible entities
To be eligible for a grant under subsection (b),
a public food program service provider, a tribal
organization, or a private nonprofit entity, including gleaners, must—
(1) have experience in the area of—
(A) community food work, particularly
concerning small and medium-sized farms,

§ 2034

including the provision of food to people in
low-income communities and the development of new markets in low-income communities for agricultural producers;
(B) job training and business development
activities for food-related activities in lowincome communities; or
(C) efforts to reduce food insecurity in the
community, including food distribution, improving access to services, or coordinating
services and programs;
(2) demonstrate competency to implement a
project, provide fiscal accountability, collect
data, and prepare reports and other necessary
documentation;
(3) demonstrate a willingness to share information with researchers, practitioners, and
other interested parties; and
(4) collaborate with 1 or more local partner
organizations to achieve at least 1 hunger-free
communities goal.
(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;
(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; or
(5) develop new resources and strategies to
help reduce food insecurity in the community
and prevent food insecurity in the future by—
(A) developing creative food resources;
(B) coordinating food services with park
and recreation programs and other community-based outlets to reduce barriers to access; or
(C) creating nutrition education programs
for at-risk populations to enhance food-purchasing and food-preparation skills and to
heighten awareness of the connection between diet and health.
(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.

§ 2034

TITLE 7—AGRICULTURE

(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 5 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 for-profit 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) Reports to Congress
Not later than September 30, 2014, and each
year thereafter, the Secretary shall submit to
Congress a report that describes each grant
made under this section, including—
(1) a description of any activity funded;
(2) the degree of success of each activity
funded in achieving hunger-free community
goals; and
(3) the degree of success in improving the
long-term capacity of a community to address
food and agriculture problems related to hunger or access to healthy food.
(Pub. L. 88–525, § 25, as added Pub. L. 104–127,
title IV, § 401(h), Apr. 4, 1996, 110 Stat. 1027;
amended Pub. L. 107–171, title IV, § 4125(a), May
13, 2002, 116 Stat. 326; Pub. L. 110–234, title IV,
§§ 4402, 4406(a)(7), May 22, 2008, 122 Stat. 1135, 1141;
Pub. L. 110–246, § 4(a), title IV, §§ 4402, 4406(a)(7),
June 18, 2008, 122 Stat. 1664, 1896, 1902; Pub. L.
110–380, § 1(a), Oct. 8, 2008, 122 Stat. 4080; Pub. L.
113–79, title IV, § 4026, Feb. 7, 2014, 128 Stat. 810;
Pub. L. 115–334, title IV, §§ 4017, 4022(8), Dec. 20,
2018, 132 Stat. 4648, 4654.)
Editorial Notes
REFERENCES IN TEXT
House Concurrent Resolution 302, referred to in subsec. (a)(3), is H. Con. Res. 302, Oct. 5, 1992, 106 Stat. 5204,
which is not classified to the Code.
CODIFICATION
Section 4406(a)(7) of Pub. L. 110–246 directed amendment of section 25 of the ‘‘Food and Nutrition Act of
2008’’ which is classified to this section. Pub. L. 110–380,
which directed amendment of section 4406(a)(7) of the
‘‘Food, Conservation, and Energy Act of 2008 (Public
Law 110–234; 122 Stat. 2902)’’ by striking ‘‘Food and Nutrition Act of 2008’’ and inserting ‘‘Food Stamp Act of
1977’’ was treated as intending to amend section

Page 1386

4406(a)(7) of Pub. L. 110–246 which was identical to section 4406(a)(7) of Pub. L. 110–234. However, since the
amendment by Pub. L. 110–380 was effective Oct. 8, 2008,
and the amendment by section 4406(a)(7) of Pub. L.
110–246 was effective Oct. 1, 2008, Pub. L. 110–380 had no
effect on the execution of the amendment by section
4406(a)(7) of Pub. L. 110–246 to this section.
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (a)(1)(B)(i)(I). Pub. L. 115–334, § 4022(8),
substituted ‘‘service;’’ for ‘‘service;;’’.
Subsec. (b)(2)(C). Pub. L. 115–334, § 4017(2), substituted
‘‘each of fiscal years 2015 through 2018; and’’ for ‘‘fiscal
year 2015 and each fiscal year thereafter.’’
Subsec. (b)(2)(D). Pub. L. 115–334, § 4017(1), (3), added
subpar. (D).
2014—Subsec.
(a)(1)(B)(i)(I).
Pub.
L.
113–79,
§ 4026(1)(A)(i)(I), inserted ‘‘through food distribution,
community outreach to assist in participation in Federally assisted nutrition programs, or improving access
to food as part of a comprehensive service;’’ after ‘‘individuals’’.
Subsec.
(a)(1)(B)(i)(III).
Pub.
L.
113–79,
§ 4026(1)(A)(i)(II), inserted ‘‘food access,’’ after ‘‘food,’’.
Subsec. (a)(1)(B)(ii)(I). Pub. L. 113–79, § 4026(1)(A)(ii),
added subcl. (I) and struck out former subcl. (I) which
read as follows: ‘‘infrastructure improvement and development;’’.
Subsec. (a)(2), (3). Pub. L. 113–79, § 4026(1)(B), added
pars. (2) and (3) and struck out former pars. (2) and (3)
which defined ‘‘Center’’ and ‘‘underserved community’’,
respectively.
Subsec. (b)(2)(B). Pub. L. 113–79, § 4026(2)(B), substituted ‘‘each of fiscal years 2008 through 2014; and’’
for ‘‘fiscal year 2008 and each fiscal year thereafter.’’
Subsec. (b)(2)(C). Pub. L. 113–79, § 4026(2), added subpar. (C).
Subsec. (c). Pub. L. 113–79, § 4026(3)(A), substituted
‘‘public food program service provider, a tribal organization, or a private nonprofit entity, including gleaners,’’ for ‘‘private nonprofit entity’’ in introductory
provisions.
Subsec. (c)(1)(C). Pub. L. 113–79, § 4026(3)(B), added
subpar. (C).
Subsec. (c)(4). Pub. L. 113–79, § 4026(3)(C)–(E), added
par. (4).
Subsec. (d)(5). Pub. L. 113–79, § 4026(4), added par. (5).
Subsec. (f)(2). Pub. L. 113–79, § 4026(5), substituted ‘‘5
years’’ for ‘‘3 years’’.
Subsecs. (h), (i). Pub. L. 113–79, § 4026(6), added subsec.
(h) and struck out former subsecs. (h) and (i) which related to healthy urban food enterprise development
center and innovative programs for addressing common
community problems, respectively.
2008—Subsec. (a). Pub. L. 110–246, § 4402(1), added subsec. (a) and struck out former subsec. (a) which defined
‘‘community food project’’.
Subsec. (b)(2)(B). Pub. L. 110–246, § 4406(a)(7)(A), as
amended by Pub. L. 110–380, substituted ‘‘for fiscal year
2008 and each fiscal year thereafter’’ for ‘‘for each of
fiscal years 1997 through 2007’’. See Codification note
above.
Subsecs. (h), (i). Pub. L. 110–246, § 4402(2), (3), added
subsec. (h) and redesignated former subsec. (h) as (i).
Subsec. (i)(4). Pub. L. 110–246, § 4406(a)(7)(B), as
amended by Pub. L. 110–380, substituted ‘‘each fiscal
year thereafter’’ for ‘‘each of fiscal years 2003 through
2007’’. See Codification note above.
2002—Subsec. (a). Pub. L. 107–171, § 4125(a)(1), designated pars. (1) to (3) as subpars. (A) to (C) of par. (1),
respectively, and added par. (2).
Subsec. (b)(2)(B). Pub. L. 107–171, § 4125(a)(2), substituted ‘‘$5,000,000’’ for ‘‘$2,500,000’’ and ‘‘2007’’ for
‘‘2002’’.
Subsec. (d)(4). Pub. L. 107–171, § 4125(a)(3), added par.
(4) and struck out former par. (4) which read as follows:

Page 1387

TITLE 7—AGRICULTURE

‘‘encourage long-term planning activities and multisystem, interagency approaches.’’
Subsec. (h). Pub. L. 107–171, § 4125(a)(4), added subsec.
(h) and struck out heading and text of former subsec.
(h). Text read as follows:
‘‘(1) IN GENERAL.—The Secretary shall provide for the
evaluation of the success of community food projects
supported using funds under this section.
‘‘(2) REPORT.—Not later than January 30, 2002, the
Secretary shall submit a report to Congress regarding
the results of the evaluation.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4402 and 4406(a)(7) of Pub. L.
110–246 effective Oct. 1, 2008, see section 4407 of Pub. L.
110–246, set out as a note under section 1161 of Title 2,
The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4125(b), May 13, 2002, 116
Stat. 327, provided that: ‘‘The amendments made by
this section [amending this section] take effect on the
date of enactment of this Act [May 13, 2002].’’

§ 2035. Simplified supplemental nutrition assistance program
(a) ‘‘Federal costs’’ defined
In this section, the term ‘‘Federal costs’’ does
not include any Federal costs incurred under
section 2026 of this title.
(b) Election
Subject to subsection (d), a State may elect to
carry out a simplified supplemental nutrition
assistance program (referred to in this section
as a ‘‘Program’’), statewide or in a political subdivision of the State, in accordance with this
section.
(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.);

§ 2035

(B) the supplemental nutrition assistance
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 supplemental nutrition assistance 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 chapter.
(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
chapter for any fiscal year or any portion of
any fiscal year, the Secretary shall notify the
State not later than 30 days after the Secretary makes the determination under paragraph (1).
(3) Enforcement
(A) Corrective action
Not later than 90 days after the date of a
notification under paragraph (2), the State
shall submit a plan for approval by the Secretary for prompt corrective action that is
designed to prevent the Program from increasing Federal costs under this chapter.
(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.

§ 2036

TITLE 7—AGRICULTURE

(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 supplemental nutrition assistance program.
(2) Standardized deductions
In operating a Program, a State or political
subdivision of a State may standardize the deductions provided under section 2014(e) of this
title. In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs
of participating households.
(3) Requirements
In operating a Program, a State or political
subdivision shall comply with the requirements of—
(A) subsections (a) through (f) of section
2016 of this title;
(B) section 2017(a) of this title (except that
the income of a household may be determined under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.));
(C) subsections (b) and (d) of section 2017 of
this title;
(D) subsections (a), (c), (d), and (n) of section 2020 of this title;
(E) paragraphs (8), (12), (15), (17), (18), (22),
and (23) of section 2020(e) of this title;
(F) section 2020(e)(10) of this title (or a
comparable requirement established by the
State under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.)); and
(G) section 2025 of this title.
(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.

Page 1388

The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–334 substituted ‘‘carry
out a simplified supplemental nutrition assistance program’’ for ‘‘carry out a Simplified Food Stamp Program’’.
2014—Subsec. (f)(3)(C). Pub. L. 113–79 substituted
‘‘subsections’’ for ‘‘subsection’’.
2008—Pub. L. 110–246, § 4002(a)(12)(A), substituted
‘‘Simplified supplemental nutrition assistance program’’ for ‘‘Simplified Food Stamp Program’’ in section catchline.
Subsec. (b). Pub. L. 110–246, § 4002(a)(12)(B), which directed amendment of subsec. (b) by substituting ‘‘simplified supplemental nutrition assistance program’’ for
‘‘simplified food stamp program’’, could not be executed because the term ‘‘simplified food stamp program’’ did not appear.
Subsec. (c)(4)(B), (C). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’
for ‘‘food stamp program’’.
Subsec. (f)(1). Pub. L. 110–246, § 4001(b), substituted
‘‘supplemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (f)(3)(A). Pub. L. 110–246, § 4115(b)(16)(A), substituted ‘‘subsections (a) through (f)’’ for ‘‘subsections
(a) through (g)’’.
Subsec. (f)(3)(E). Pub. L. 110–246, § 4115(b)(16)(B), substituted ‘‘(15), (17), (18), (22), and (23)’’ for ‘‘(16), (18),
(20), (24), and (25)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b), 4002(a)(12), and
4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see
section 4407 of Pub. L. 110–246, set out as a note under
section 1161 of Title 2, The Congress.

§ 2036. Availability of commodities for emergency
food assistance program
(a) Purchase of commodities
(1) In general

REFERENCES IN TEXT

From amounts made available to carry out
this chapter, for each of the fiscal years 2014
through 2023, the Secretary shall purchase a
dollar amount described in paragraph (2) 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 612c of
this title and distribute the commodities to
States for distribution in accordance with section 7515 of this title.
(2) Amounts

The Social Security Act, referred to in subsecs. (c)
and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A
of title IV of the Act is classified generally to part A
(§ 601 et seq.) of subchapter IV of chapter 7 of Title 42,

The Secretary shall use to carry out paragraph (1)—
(A) for fiscal year 2008, $190,000,000;
(B) for fiscal year 2009, $250,000,000;

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

Page 1389

TITLE 7—AGRICULTURE

(C) for each of fiscal years 2010 through
2023, the dollar amount of commodities specified in subparagraph (B) adjusted by the
percentage by which the thrifty food plan
has been adjusted under section 2012(u)(4) of
this title between June 30, 2008, and June 30
of the immediately preceding fiscal year;
(D) for each of fiscal years 2015 through
2023, the sum obtained by adding the total
dollar amount of commodities specified in
subparagraph (C) and—
(i) for fiscal year 2015, $50,000,000;
(ii) for fiscal year 2016, $40,000,000;
(iii) for fiscal year 2017, $20,000,000;
(iv) for fiscal year 2018, $15,000,000;
(v) for fiscal year 2019, $23,000,000;
(vi) for fiscal year 2020, $35,000,000;
(vii) for fiscal year 2021, $35,000,000;
(viii) for fiscal year 2022, $35,000,000; and
(ix) for fiscal year 2023, $35,000,000; and
(E) for fiscal year 2024 and each subsequent
fiscal year, the total dollar amount of commodities specified in subparagraph (D)(ix)
adjusted by the percentage by which the
thrifty food plan has been adjusted under
section 2012(u)(4) of this title to reflect
changes between June 30, 2023, and June 30 of
the immediately preceding fiscal year.
(3) Funds availability
For purposes of the funds described in this
subsection, the Secretary shall—
(A) make the funds available for 2 fiscal
years; and
(B) allow States to carry over unexpended
balances to the next fiscal year pursuant to
such terms and conditions as are determined
by the Secretary.
(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.
(Pub. L. 88–525, § 27, as added Pub. L. 104–193,
title VIII, § 871(g), Aug. 22, 1996, 110 Stat. 2346;
amended Pub. L. 107–171, title IV, § 4126(a), May
13, 2002, 116 Stat. 328; Pub. L. 110–234, title IV,
§ 4201(a), May 22, 2008, 122 Stat. 1120; Pub. L.
110–246, § 4(a), title IV, § 4201(a), June 18, 2008, 122
Stat. 1664, 1882; Pub. L. 113–79, title IV, §§ 4027(a),
4030(m), Feb. 7, 2014, 128 Stat. 812, 814; Pub. L.
115–334, title IV, § 4018(e), Dec. 20, 2018, 132 Stat.
4650.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (a)(1), (2)(C). Pub. L. 115–334, § 4018(e)(1),
(2)(A), substituted ‘‘2023’’ for ‘‘2018’’.
Subsec. (a)(2)(D). Pub. L. 115–334, § 4018(e)(2)(B)(i), substituted ‘‘2023’’ for ‘‘2018’’ in introductory provisions.

§ 2036a

Subsec. (a)(2)(D)(v) to (ix). Pub. L. 115–334,
§ 4018(e)(2)(B)(ii), added cls. (v) to (ix).
Subsec. (a)(2)(E). Pub. L. 115–334, § 4018(e)(2)(C), substituted ‘‘2024’’ for ‘‘2019’’, ‘‘subparagraph (D)(ix)’’ for
‘‘subparagraph (D)(iv)’’, and ‘‘June 30, 2023’’ for ‘‘June
30, 2017’’.
2014—Subsec. (a)(1). Pub. L. 113–79, § 4030(m), made
technical amendment to reference in original act which
appears in text as reference to section 7515 of this title.
Pub. L. 113–79, § 4027(a)(1), substituted ‘‘2014 through
2018’’ for ‘‘2008 through 2012’’.
Subsec. (a)(2)(C). Pub. L. 113–79, § 4027(a)(2)(B)(i), substituted ‘‘2018’’ for ‘‘2012’’.
Subsec. (a)(2)(D), (E). Pub. L. 113–79, § 4027(a)(2)(A),
(B)(ii), (C), added subpars. (D) and (E).
Subsec. (a)(3). Pub. L. 113–79, § 4027(a)(3), added par.
(3).
2008—Subsec. (a). Pub. L. 110–246, § 4201(a), reenacted
subsec. heading without change, designated existing
provisions as par. (1), inserted par. heading, substituted
‘‘for each of the fiscal years 2008 through 2012, the Secretary shall purchase a dollar amount described in
paragraph (2)’’ for ‘‘for each of fiscal years 2002 through
2007, the Secretary shall purchase $140,000,000’’, and
added par. (2).
2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2002
through 2007’’ for ‘‘1997 through 2002’’ and ‘‘$140,000,000’’
for ‘‘$100,000,000’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment by section 4201(a) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set
out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4126(b), May 13, 2002, 116
Stat. 328, provided that: ‘‘The amendments made by
this section amending this section] take effect on October 1, 2001.’’

§ 2036a. Nutrition education and obesity prevention grant program
(a) Definition of eligible individual
In this section, the term ‘‘eligible individual’’
means an individual who is eligible to receive
benefits under a nutrition education and obesity
prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of
title 42; or
(C) section 1773(e)(1)(A) of title 42;
(2) an individual who resides in a community
with a significant low-income population, as
determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
(b) Programs
Consistent with the terms and conditions of
grants awarded under this section, State agencies may implement a nutrition education and
obesity prevention program for eligible individuals that promotes healthy food choices and
physical activity consistent with the most re-

§ 2036a

TITLE 7—AGRICULTURE

cent Dietary Guidelines for Americans published
under section 5341 of this title.
(c) Delivery of nutrition education and obesity
prevention services
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a
program described in subsection (b)—
(A) directly to eligible individuals; or
(B) through agreements with other State
or local agencies or community organizations.
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention
services under this subsection shall submit
to the Secretary for approval a nutrition
education State plan.
(B) Requirements
A nutrition education State plan shall—
(i) identify the uses of the funding for
local projects;
(ii) ensure that the interventions are appropriate for eligible individuals who are
members of low-income populations by
recognizing the constrained resources, and
the potential eligibility for Federal food
assistance programs, of members of those
populations;
(iii) describe how the State agency shall
use an electronic reporting system to—
(I) measure and evaluate the projects;
and
(II) account for the allowable State
agency administrative costs including
for—
(aa) salaries and benefits of State
agency personnel;
(bb) office supplies and equipment;
(cc) travel costs;
(dd) development and production of
nutrition education materials;
(ee) memberships, subscriptions, and
professional activities;
(ff) lease or rental costs;
(gg) maintenance and repair expenses;
(hh) indirect costs; and
(ii) cost of using publicly-owned
building space; and
(iv) conform to standards established by
the Secretary through regulations, guidance, or grant award documents.
(3) Use of funds
(A) In general
A State agency may use funds provided
under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers
for Disease Control and Prevention of the
Department of Health and Human Services,
including—
(i) individual and group-based nutrition
education, health promotion, and intervention strategies;

Page 1390

(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
(iii) community and public health approaches to improve nutrition.
(B) Consultation
In identifying allowable uses of funds
under subparagraph (A) and in seeking to
strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service
shall consult with the Director of the Centers for Disease Control and Prevention, the
Director of the National Institute of Food
and Agriculture, and outside stakeholders
and experts, including—
(i) representatives of the academic and
research communities;
(ii) nutrition education practitioners;
(iii) representatives of State and local
governments; and
(iv) community organizations that serve
low-income populations.
(4) Notification
To the maximum extent practicable, State
agencies shall notify applicants, participants,
and eligible individuals under this chapter of
the availability of nutrition education and
obesity prevention services under this section
in local communities.
(5) Coordination
Subject to the approval of the Secretary,
projects carried out with funds received under
this section may be coordinated with the expanded food and nutrition education program
or other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with
funds received under this section remain under
the administrative control of the State agency.
(6) Information clearinghouse
The Secretary shall establish an online
clearinghouse that makes available to State
agencies, local agencies, institutions of higher
education, and community organizations best
practices for planning, implementing, and
evaluating nutrition education and obesity
prevention services to ensure that projects
carried out with funds received under this section are appropriate for the target population.
(7) Technical assistance
The Secretary shall provide technical assistance to a State agency in developing and implementing a nutrition education State plan,
including—
(A) by identifying common challenges
faced by entities described in paragraph (6)
that participate in projects carried out with
funds received under this section;
(B) by coordinating efforts to address
those common challenges;
(C) by collecting and disseminating information on evidence-based practices relating
to nutrition education and obesity prevention;
(D) by facilitating communication between
and among grantees and subgrantees of
funds received under this section;

Page 1391

TITLE 7—AGRICULTURE

(E) by assisting State agencies in creating
or maintaining systems to compile program
data; and
(F) by performing or assisting with other
activities, as determined by the Secretary.
(8) Annual State report
Each State agency that delivers nutrition
education and obesity prevention services
under this subsection shall submit to the Secretary an annual report, which shall be made
publicly available by the Secretary, that includes—
(A) the use of funds on the State agency’s
program, including for each category of allowable State agency administrative costs
identified in paragraph (2)(B)(iii)(II);
(B) a description of each project carried
out by that agency under this subsection, including, with respect to the project, the target population, interventions, educational
materials used, key performance indicators
used, and evaluations made;
(C) a comprehensive analysis of the impacts and outcomes—
(i) of the project, including with respect
to the elements described in subparagraph
(A); and
(ii) to the extent practicable, of completed multiyear projects; and
(D) the status of any ongoing multiyear
project.
(9) Annual Federal report
The Administrator of the Food and Nutrition Service, in consultation with the Director
of the National Institute of Food and Agriculture, shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that—
(A) evaluates the level of coordination between—
(i) the nutrition education and obesity
prevention grant program under this section;
(ii) the expanded food and nutrition education program under section 3175 of this
title; and
(iii) any other nutrition education program administered by the Department of
Agriculture; and
(B) includes the use of funds on such programs including State agency administrative costs reported by States under paragraph (8)(A).
(d) Funding
(1) In general
Of funds made available each fiscal year
under section 2027(a)(1) of this title, the Secretary shall reserve for allocation to State
agencies to carry out the nutrition education
and obesity prevention grant program under
this section, to remain available for obligation
for a period of 2 fiscal years—
(A) for fiscal year 2011, $375,000,000;
(B) for fiscal year 2012, $388,000,000;
(C) for fiscal year 2013, $285,000,000;
(D) for fiscal year 2014, $401,000,000;

§ 2036a

(E) for fiscal year 2015, $407,000,000; and
(F) for fiscal year 2016 and each subsequent
fiscal year, the applicable amount during
the preceding fiscal year, as adjusted to reflect any increases for the 12-month period
ending the preceding June 30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics
of the Department of Labor.
(2) Allocation
(A) Initial allocation
Of the funds set aside under paragraph (1),
as determined by the Secretary—
(i) for each of fiscal years 2011 through
2013, 100 percent shall be allocated to State
agencies in direct proportion to the
amount of funding that the State received
for carrying out section 2020(f) of this title
(as that section existed on the day before
the December 13, 2010) during fiscal year
2009, as reported to the Secretary as of
February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(aa) 90 percent shall be allocated to
State agencies in accordance with
clause (i); and
(bb) 10 percent shall be allocated to
State agencies based on the respective
share of each State of the number of
individuals participating in the supplemental nutrition assistance program
during the 12-month period ending the
preceding January 31;
(II) for fiscal year 2015—
(aa) 80 percent shall be allocated to
State agencies in accordance with
clause (i); and
(bb) 20 percent shall be allocated in
accordance with subclause (I)(bb);
(III) for fiscal year 2016—
(aa) 70 percent shall be allocated to
State agencies in accordance with
clause (i); and
(bb) 30 percent shall be allocated in
accordance with subclause (I)(bb);
(IV) for fiscal year 2017—
(aa) 60 percent shall be allocated to
State agencies in accordance with
clause (i); and
(bb) 40 percent shall be allocated in
accordance with subclause (I)(bb); and
(V) for fiscal year 2018 and each fiscal
year thereafter—
(aa) 50 percent shall be allocated to
State agencies in accordance with
clause (i); and
(bb) 50 percent shall be allocated in
accordance with subclause (I)(bb).
(B) Reallocation
(i) In general
If the Secretary determines that a State
agency will not expend all of the funds allocated to the State agency for a fiscal
year under paragraph (1) or in the case of
a State agency that elects not to receive

§ 2036b

TITLE 7—AGRICULTURE

Page 1392

the entire amount of funds allocated to
the State agency for a fiscal year, the Secretary shall reallocate the unexpended
funds to other States during the fiscal
year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State
agencies may expend the reallocated
funds.
(ii) Effect of additional funds
(I) Funds received
Any reallocated funds received by a
State agency under clause (i) for a fiscal
year shall be considered to be part of the
fiscal year 2009 base allocation of funds
to the State agency for that fiscal year
for purposes of determining allocation
under subparagraph (A) for the subsequent fiscal year.
(II) Funds surrendered

Subsec. (c)(3)(B). Pub. L. 115–334, § 4019(2), inserted
‘‘, the Director of the National Institute of Food and
Agriculture,’’ before ‘‘and outside stakeholders’’ in introductory provisions.
Subsec. (c)(5). Pub. L. 115–334, § 4019(3), inserted ‘‘the
expanded food and nutrition education program or’’ before ‘‘other health promotion’’.
Subsec. (c)(6) to (9). Pub. L. 115–334, § 4019(4), added
pars. (6) to (9).
2014—Subsec. (b). Pub. L. 113–79 inserted ‘‘and physical activity’’ after ‘‘healthy food choices’’.
Subsec. (d)(1)(B) to (F). Pub. L. 112–240 added subpars.
(B) to (F) and struck out former subpar. (B) which read
as follows: ‘‘for fiscal year 2012 and each subsequent fiscal year, the applicable amount during the preceding
fiscal year, as adjusted to reflect any increases for the
12-month period ending the preceding June 30 in the
Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.’’

Any funds surrendered by a State
agency under clause (i) shall not be considered to be part of the fiscal year 2009
base allocation of funds to a State agency for that fiscal year for purposes of determining allocation under subparagraph
(A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be
the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
(B) Exclusion
Any costs of nutrition education and obesity prevention in excess of the grants authorized under this section shall not be eligible for reimbursement under section 2025(a)
of this title.
(e) Implementation
Not later than January 1, 2012, the Secretary
shall publish in the Federal Register a description of the requirements for the receipt of a
grant under this section.

Amendment by Pub. L. 112–240 effective Sept. 30, 2012,
see section 701(j) of Pub. L. 112–240, set out in a 1-Year
Extension of Agricultural Programs note under section
8701 of this title.

(Pub. L. 88–525, § 28, as added Pub. L. 111–296,
title II, § 241(a), Dec. 13, 2010, 124 Stat. 3232;
amended Pub. L. 112–240, title VII, § 701(d)(2),
Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title
IV, § 4028, Feb. 7, 2014, 128 Stat. 813; Pub. L.
115–334, title IV, § 4019, Dec. 20, 2018, 132 Stat.
4650.)
Editorial Notes
AMENDMENTS
2018—Subsec. (c)(2)(B). Pub. L. 115–334, § 4019(1)(A)(i),
substituted ‘‘A’’ for ‘‘Except as provided in subparagraph (C), a’’ in introductory provisions.
Subsec.
(c)(2)(B)(iii),
(iv).
Pub.
L.
115–334,
§ 4019(1)(A)(ii)–(iv), added cl. (iii) and redesignated
former cl. (iii) as (iv).
Subsec. (c)(2)(C). Pub. L. 115–334, § 4019(1)(B), struck
out subpar. (C). Text read as follows: ‘‘During each of
fiscal years 2011 and 2012, a nutrition education State
plan under this section shall be consistent with the requirements of section 2020(f) of this title (as that section, other than paragraph (3)(C), existed on the day before December 13, 2010).’’

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT

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

§ 2036b. Retail food store and recipient trafficking
(a) Purpose
The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent trafficking in violation of
this chapter by strengthening recipient and retail food store program integrity.
(b) Use of funds
(1) In general
Additional funds are provided under this section to supplement the retail food store and
recipient integrity activities of the Department.
(2) Information technologies
The Secretary shall use an appropriate
amount of the funds provided under this section to employ information technologies
known as data mining and data warehousing
and other available information technologies
to administer the supplemental nutrition assistance program and enforce regulations promulgated under section 2013(c) of this title.
(c) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2014 through 2023.
(2) Mandatory funding
(A) In general
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to
carry out this section not less than
$15,000,000 for fiscal year 2014, to remain
available until expended.

Page 1393

§ 2036d

TITLE 7—AGRICULTURE

(B) Receipt and acceptance
The Secretary shall be entitled to receive,
shall accept, and shall use to carry out this
section the funds transferred under subparagraph (A), without further appropriation.
(C) Maintenance of funding
The funding provided under subparagraph
(A) shall supplement (and not supplant)
other Federal funding for programs carried
out under this chapter.
(Pub. L. 88–525, § 29, as added Pub. L. 113–79, title
IV, § 4029, Feb. 7, 2014, 128 Stat. 813; amended
Pub. L. 115–334, title IV, § 4020, Dec. 20, 2018, 132
Stat. 4652.)
Editorial Notes
AMENDMENTS
2018—Subsec. (c)(1). Pub. L. 115–334 substituted ‘‘2023’’
for ‘‘2018’’.

§ 2036c. Annual State report on verification of
SNAP participation
(a) Annual report
Not later than 1 year after the date specified
by the Secretary during the 180-day period beginning on February 7, 2014, and annually thereafter, each State agency that carries out the
supplemental nutrition assistance program established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) shall submit to the
Secretary a report containing sufficient information for the Secretary to determine whether
the State agency has, for the most recently concluded fiscal year preceding that annual date,
verified that the State agency in that fiscal
year—
(1) did not issue benefits to a deceased individual; and
(2) did not issue benefits to an individual
who had been permanently disqualified from
receiving benefits.
(b) Penalty for noncompliance
For any fiscal year for which a State agency
fails to comply with subsection (a), the Secretary shall impose a penalty that includes a reduction of up to 50 percent of the amount that
would be otherwise payable to the State agency
under section 16(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)) with respect to that
fiscal year.
(c) Report of pilot program to test prevention of
duplicate participation
Not later than 90 days after the completion in
multiple States of a temporary pilot program to
test the detection and prevention of duplicate
participation by beneficiaries of the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the Secretary shall submit
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a
report assessing the feasibility, effectiveness,
and cost for the expansion of the pilot program
nationwide.
(Pub. L. 113–79, title IV, § 4032, Feb. 7, 2014, 128
Stat. 817.)

Editorial Notes
REFERENCES IN TEXT
The Food and Nutrition Act of 2008, referred to in
subsecs. (a) and (c), is Pub. L. 88–525, Aug. 31, 1964, 78
Stat. 703, which is classified generally to this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Agricultural Act
of 2014, and not as part of the Food and Nutrition Act
of 2008 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITION OF ‘‘SECRETARY’’
‘‘Secretary’’ means the Secretary of Agriculture, see
section 9001 of this title.

§ 2036d. Pilot projects to encourage the use of
public-private partnerships committed to addressing food insecurity
(a) In general
The Secretary may, on application of eligible
entities, approve not more than 10 pilot projects
to support public-private partnerships that address food insecurity and poverty.
(b) Definitions
For purposes of this section—
(1) the term ‘‘eligible entity’’ means—
(A) a nonprofit organization;
(B) a community-based organization;
(C) an institution of higher education; or
(D) a private entity, as determined by the
Secretary; and
(2) the term ‘‘public agency’’ means a department, agency, other unit, or instrumentality of Federal, State, or local government.
(c) Project requirements
Projects approved under this section shall—
(1) be limited to 2 years in length; and
(2) include a collaboration between one or
more public agencies and one or more eligible
entities that—
(A) improves the effectiveness and impact
of the supplemental nutrition assistance
program;
(B) develops food security solutions that
are specific to the needs of a community or
region; and
(C) strengthens the capacity of communities to address food insecurity and poverty.
(d) Evaluation
The Secretary shall provide for an independent evaluation of pilot projects approved
under this section that includes—
(1) a summary of the activities conducted
under the pilot projects;
(2) an assessment of the effectiveness of the
pilot projects; and
(3) best practices regarding the use of publicprivate partnerships to improve the effectiveness of public benefit programs to address food
insecurity and poverty.
(e) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $5,000,000 to remain
available until expended.

§§ 2041 to 2055

TITLE 7—AGRICULTURE

(2) Appropriation in advance
Only funds appropriated under paragraph (1)
in advance specifically to carry out this section shall be available to carry out this section.
(Pub. L. 88–525, § 30, as added Pub. L. 115–334,
title IV, § 4021, Dec. 20, 2018, 132 Stat. 4652.)
CHAPTER 52—FARM LABOR CONTRACTOR
REGISTRATION
§§ 2041 to 2055. Repealed. Pub. L. 97–470, title V,
§ 523, Jan. 14, 1983, 96 Stat. 2600
Section 2041, Pub. L. 88–582, § 2, Sept. 7, 1964, 78 Stat.
920; Pub. L. 93–518, § 11(d), Dec. 7, 1974, 88 Stat. 1656, declared congressional policy for enactment of Farm
Labor Contractor Registration Act of 1963.
Section 2042, Pub. L. 88–582, § 3, Sept. 7, 1964, 78 Stat.
920; Pub. L. 93–518, §§ 2, 3, Dec. 7, 1974, 88 Stat. 1652, 1653;
Pub. L. 94–259, § 2, Apr. 5, 1976, 90 Stat. 314; Pub. L.
94–561, § 6, Oct. 19, 1976, 90 Stat. 2644; Pub. L. 95–562, § 4,
Oct. 25, 1978, 92 Stat. 2382, defined terms used in Farm
Labor Contractor Registration Act of 1963.
Section 2043, Pub. L. 88–582, § 4, Sept. 7, 1964, 78 Stat.
921; Pub. L. 93–518, § 4, Dec. 7, 1974, 88 Stat. 1653, related
to certificates of registration, regular employees of
farm contractors, and period of denial of Federal Employment Service.
Section 2044, Pub. L. 88–582, § 5, Sept. 7, 1964, 78 Stat.
921; Pub. L. 93–518, §§ 5–8, Dec. 7, 1974, 88 Stat. 1653–1655,
provided for issuance of certificates of registration,
covering in: subsec. (a), persons qualified; subsec. (b),
refusal to issue certificates, suspension, revocation,
and refusal to renew; subsec. (c), transfer or assignment
of certificates, period of effectiveness, and renewal; and
subsec. (d), change of address notice, public central registry, and documentation of vehicles for transportation
and real property for housing of migrant workers.
Section 2045, Pub. L. 88–582, § 6, Sept. 7, 1964, 78 Stat.
922; Pub. L. 93–518, §§ 9, 10, 11(a)–(c), Dec. 7, 1974, 88 Stat.
1655, 1656, related to obligations and prohibitions.
Section 2046, Pub. L. 88–582, § 7, Sept. 7, 1964, 78 Stat.
923; Pub. L. 93–518, § 12, Dec. 7, 1974, 88 Stat. 1656, provided for authorization to obtain information, hearings
or investigations, subpenas, oaths or affirmations, evidence, application of sections 49 and 50 of title 15, identity confidentiality, and purpose of enforcement.
Section 2047, Pub. L. 88–582, § 8, Sept. 7, 1964, 78 Stat.
923, authorized Secretary to enter into agreements with
Federal and State agencies.
Section 2048, Pub. L. 88–582, § 9, Sept. 7, 1964, 78 Stat.
924; Pub. L. 93–518, § 13, Dec. 7, 1974, 88 Stat. 1656, related
to penalties, covering in: subsec. (a), criminal penalties
for violation of chapter, preparation of an annual report, and inclusion of enforcement activities; subsec.
(b), civil penalties for violation of chapter or regulations, separate violations, assessment procedures, notice and hearing, agency and judicial review, substantial evidence, actions for recovery of assessments, finality of orders, and payment of collections into the
Treasury; and subsec. (c), criminal penalties for section
2045(f) violations, including regulations, respecting failure to obtain, suspension, or revocation of certificates
of registration.
Section 2049, Pub. L. 88–582, § 10, Sept. 7, 1964, 78 Stat.
924, provided for applicability of Administrative Procedure Act.
Section 2050, Pub. L. 88–582, § 11, Sept. 7, 1964, 78 Stat.
924, provided for judicial review of agency determinations and finality of judgment.
Section 2050a, Pub. L. 88–582, § 12, as added Pub. L.
93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1657, provided, for
civil relief, covering in: subsec. (a), Federal court jurisdiction; subsec. (b), representation of complainant,
damages, and appeals; subsec. (c), injunctions; and subsec. (d), Solicitor of Labor representation of Secretary,
and direction and control of Attorney General.

Page 1394

Section 2050b, Pub. L. 88–582, § 13, as added Pub. L.
93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1658, provided for discrimination prohibition, limitations, investigations,
appropriate civil relief, and back pay or damages.
Section 2050c, Pub. L. 88–582, § 14, as added Pub. L.
93–518, § 14(a), Dec. 7, 1974, 88 Stat. 1658, related to recordkeeping.
Section 2051, Pub. L. 88–582, § 15, formerly § 12, Sept. 7,
1964, 78 Stat. 924, renumbered Pub. L. 93–518, § 14(a), Dec.
7, 1974, 88 Stat. 1657, required compliance with State
laws and regulations.
Section 2052, Pub. L. 88–582, § 16, formerly § 13, Sept. 7,
1964, 78 Stat. 924, renumbered Pub. L. 93–518, § 14(a), Dec.
7, 1974, 88 Stat. 1657, provided for separability of provisions.
Section 2053, Pub. L. 88–582, § 17, formerly § 14, Sept. 7,
1964, 78 Stat. 924, renumbered and amended Pub. L.
93–518, §§ 14(a), 16, Dec. 7, 1974, 88 Stat. 1657, 1659, authorized issuance of rules and regulations.
Section 2054, Pub. L. 88–582, § 18, as added Pub. L.
93–518, § 15, Dec. 7, 1974, 88 Stat. 1658, related to waiver
of rights.
Section 2055, Pub. L. 88–582, § 19, as added Pub. L.
93–518, § 15, Dec. 7, 1974, 88 Stat. 1659, provided for authorization of appropriations.
Editorial Notes
Subject matter of former sections 2041 to 2055 of this
title is covered by Migrant and Seasonal Agricultural
Worker Protection Act, chapter 20 (sections 1801 et
seq.) of Title 29, Labor, as follows:
Former Sections
2041 .........................................
2042(a) .....................................
2042(b) .....................................
2042(b)(1) .................................
2042(b)(2) .................................
2042(b)(3) .................................
2042(b)(4) .................................
2042(b)(5) .................................
2042(b)(6) .................................
2042(b)(7) .................................
2042(b)(8), (9) ...........................
2042(b)10) .................................
2042(c) .....................................
2042(d), (e), (f) .........................
2042(g) .....................................
2043(a) .....................................
2043(b) .....................................
2043(c) .....................................
2043(d) .....................................
2044(a)(1) .................................
2044(a)(2) .................................
2044(a)(3) .................................
2044(a)(4) .................................
2044(a)(5) .................................
2044(b)(1) .................................
2044(b)(2) .................................
2044(b)(3), (4) ...........................
2044(b)(4) .................................
2044(b)(5) .................................
2044(b)(6) .................................
2044(b)(7) .................................
2044(b)(8) .................................
2044(b)(9) .................................
2044(b)(10) ................................
2044(b)(11) ................................
2044(b)(12) ................................
2044(c) .....................................
2044(d) .....................................
2045(a) .....................................
2045(b) .....................................
2045(b)(1) .................................
2045(b)(2) .................................
2045(b)(3) .................................
2045(b)(4) .................................
2045(b)(5) .................................
2045(b)(6) .................................
2045(b)(7) .................................
2045(b)(8) .................................
2045(c) .....................................
2045(d) .....................................
2045(e) .....................................
2045(f) ......................................
2045(g) .....................................
2045(h) .....................................
2046 .........................................
2047 .........................................
2048(a) .....................................
2048(b)(1), (2) ...........................
2048(b)(3)–(5) ............................
2048(c) .....................................

Title 29 Sections
1801
1802(9)
1802(7)
1803(a)((3)(C)
1803(a)(1)
1803(a)(3)(I)
1803(a)(3)(D)
1802(8)(B)(ii), (10)(B)(iii)
1812 open. par.
1803(a)(3)(A), (I)
1803(a)(3)(E), (F)
1803(a)(3)(G)(i)
1802(7)
1802(3), (11), (12)
1802(8)(A)
1811(a), (c)
See 1811(b)
1842
1811(d)
1812(1)
See 1841(b)(1)(C), (3), (c)(2)
1812(4)
1812(2), (3)
1812(5)
1813(a)(1)
1821(f), 1831(e)
1822(c), 1832(c)
1822(c), 1832(c)
See 1841(b)(1)(C), (3), (c)(2)
1816(a)
1813(a)(5)
1841(b)(2)(C), (D), (3)
See 1811(b)
1813(a)(3)
1813(a)(2)
See 1812(2), (3)
1814(a), (b)(1)
1812(2), (3), 1815(1), 1842
1811(c), (d)
1821(a), (g), 1831(a), (f)
1821(a)(1), 1831(a)(1)(A)
1821(a)(3), 1831(a)(1)(C)
1821(a)(5), 1831(a)(1)(E)
1821(a)(2), 1831(a)(1)(B)
1821(a)(5), 1831(a)(1)(E)
1821(a)(4), 1831(a)(1)(D)
1821(a)(6), 1831(a)(1)(F)
1821(a)(7), 1831(a)(1)(G)
1821(b), 1831(b)
1821(c)
1821(d), (e), (g), 1831(c), (d), (f)
1816(a)
1822(a), 1832(a)
1822(b), 1832(b)
1862(a), (b)
1863(a)
1851(a)
1853(a)(1), (b)(1)
1853(c)–(e)
1851(b)