Notes on 7 U.S.C. § 2012 : US Code - Notes
Search Notes on 7 U.S.C. § 2012 : US Code - Notes
(Pub. L. 88-525, Sec. 3, Aug. 31, 1964, 78 Stat. 703; Pub. L. 91-
671, Sec. 2, Jan. 11, 1971, 84 Stat. 2048; Pub. L. 92-603, title
IV, Sec. 411(a), (b), Oct. 30, 1972, 86 Stat. 1491; Pub. L. 93-86,
Sec. 3(a)-(c), (l), (o), (p), Aug. 10, 1973, 87 Stat. 246, 248,
249; Pub. L. 93-125, Sec. 1(h), Oct. 18, 1973, 87 Stat. 450; Pub.
L. 94-339, Sec. 4, July 5, 1976, 90 Stat. 801; Pub. L. 95-113,
title XIII, Secs. 1301, 1302(a)(1), Sept. 29, 1977, 91 Stat. 958,
979; Pub. L. 96-58, Secs. 3, 7, Aug. 14, 1979, 93 Stat. 390, 392;
Pub. L. 96-181, Sec. 15(b), Jan. 2, 1980, 93 Stat. 1316; Pub. L. 96-
249, title I, Secs. 101(a), 111, 135, May 26, 1980, 94 Stat. 357,
360, 369; Pub. L. 97-35, title I, Secs. 101-103, 108(a), 116(a)(1),
Aug. 13, 1981, 95 Stat. 358, 361, 364; Pub. L. 97-98, title XII,
Secs. 1302-1304, Dec. 22, 1981, 95 Stat. 1282; Pub. L. 97-253,
title I, Secs. 142, 143(a), 144, 145(a), (b), Sept. 8, 1982, 96
Stat. 772-774; Pub. L. 98-204, Sec. 3, Dec. 2, 1983, 97 Stat. 1385;
Pub. L. 99-198, title XV, Secs. 1501(a), 1502-1504, Dec. 23, 1985,
99 Stat. 1566; Pub. L. 99-570, title XI, Sec. 11002(a)-(c), Oct.
27, 1986, 100 Stat. 3207-167, 3207-168; Pub. L. 100-77, title VIII,
Secs. 801, 802(a), July 22, 1987, 101 Stat. 533, 534; Pub. L. 100-
435, title I, Sec. 120, title III, Sec. 350, Sept. 19, 1988, 102
Stat. 1655, 1664; Pub. L. 101-624, title XVII, Secs. 1712, 1713(a),
1747(b), Nov. 28, 1990, 104 Stat. 3783, 3796; Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-237, title IX,
Secs. 901, 941(1), Dec. 13, 1991, 105 Stat. 1884, 1891; Pub. L. 102-
351, Sec. 1, Aug. 26, 1992, 106 Stat. 937; Pub. L. 103-66, title
XIII, Secs. 13931, 13932, Aug. 10, 1993, 107 Stat. 676; Pub. L. 103-
225, title I, Sec. 101(b)(1), title II, Sec. 201, Mar. 25, 1994,
108 Stat. 107, 108; Pub. L. 103-354, title III, Sec. 303(a), Oct.
13, 1994, 108 Stat. 3239; Pub. L. 104-193, title VIII, Secs. 801-
805, Aug. 22, 1996, 110 Stat. 2308, 2309; Pub. L. 107-171, title
IV, Secs. 4112(b)(1), 4115(b)(1), May 13, 2002, 116 Stat. 312, 315;
Pub. L. 108-199, div. A, title VII, Sec. 771(a), Jan. 23, 2004, 118
Stat. 40.)
REFERENCES IN TEXT
The Public Health Service Act, referred to in subsec. (f), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part B of title
XIX of the Act is classified generally to part B (Sec. 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 Social Security Act, referred to in subsecs. (g), (i)(5)(A),
(q), and (r), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended, which is classified generally to chapter 7 (Sec. 301 et
seq.) of Title 42. Titles I, II, X, XIV, XVI, XVIII, and XIX of the
Social Security Act are classified generally to subchapters I (Sec.
301 et seq.), II (Sec. 401 et seq.), X (Sec. 1201 et seq.), XIV
(Sec. 1351 et seq.), XVI (Sec. 1381 et seq.), XVIII (Sec. 1395 et
seq.), and XIX (Sec. 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 Indian Self-Determination Act (25 U.S.C. 450b(b)), referred
to in subsec. (p), probably means the Indian Self-Determination and
Education Assistance Act, Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2203, as amended, which is classified principally to subchapter II
(Sec. 450 et seq.) of chapter 14 of Title 25, Indians. Section 450b
of Title 25 was amended generally by Pub. L. 100-472, title I, Sec.
103, Oct. 5, 1988, 102 Stat. 2286, and, as so amended, subsec. (b)
of such section no longer defines the term "Indian tribe". However,
such term is defined elsewhere in that section. For complete
classification of this Act to the Code, see Short Title note set
out under section 450 of Title 25 and Tables.
The Railroad Retirement Act of 1974, referred to in subsec.
(r)(7), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.
L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which
is classified generally to subchapter IV (Sec. 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.
AMENDMENTS
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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 4112(b)(1)(F), designated
fourth sentence as par. (4).
Subsec. (i)(5). Pub. L. 107-171, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 805, inserted "for not
more than 90 days" after "temporary accommodation".
1994 - Subsec. (c). Pub. L. 103-225, Sec. 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, Sec. 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, Sec. 201(2), added subsec. (u).
1993 - Subsec. (g)(5). Pub. L. 103-66, Sec. 13932(2), inserted ",
and their children," after "or alcoholics".
Subsec. (i). Pub. L. 103-66, Sec. 13932(1), in last sentence
inserted ", together with their children," after "narcotics addicts
or alcoholics".
Pub. L. 103-66, Sec. 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
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, Sec. 901, inserted
", or are individuals described in paragraphs (2) through (7) of
subsection (r) of this section," after "title I, II, X, XIV, or XVI
of the Social Security Act".
Subsec. (j). Pub. L. 102-237, Sec. 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, Sec. 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, Sec. 941(1)(C), redesignated
subsec. (u) as (t).
1990 - Subsec. (g)(3). Pub. L. 101-624, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1747(b), added subsec. (u).
1988 - Subsec. (o). Pub. L. 100-435, Sec. 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, Sec. 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, Sec. 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, Sec. 801, added subsec. (s).
1986 - Subsec. (g). Pub. L. 99-570, Sec. 11002(a), substituted
"(8), and (9)" for "and (8)" in cl. (1) and added cl. (9).
Subsec. (i). Pub. L. 99-570, Sec. 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,".
Subsec. (k). Pub. L. 99-570, Sec. 11002(c), substituted "(8), and
(9)" for "and (8)".
1985 - Subsec. (f). Pub. L. 99-198, Sec. 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, Sec. 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, Sec. 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, Sec. 1503, substituted "fifty" for
"fifty-four".
Subsec. (r)(2). Pub. L. 99-198, Sec. 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, Sec. 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, Sec. 1504(3), inserted "or non-
service-connected" after "service-connected".
Subsec. (r)(7). Pub. L. 99-198, Sec. 1504(4)-(6), added par. (7).
1983 - Subsec. (c). Pub. L. 98-204, Sec. 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, Sec. 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, Secs. 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 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, Sec. 143(a)(1), substituted
"adjustments (based on the unrounded cost of such diet)" for
"adjustments".
Subsec. (o)(6). Pub. L. 97-253, Secs. 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, Secs. 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, Secs. 143(a)(2), 144, added and
amended par. (8).
Subsec. (r). Pub. L. 97-253, Sec. 145(a), added subsec. (r).
1981 - Subsec. (c). Pub. L. 97-35, Sec. 108(a), inserted
provisions respecting waiver of twelve-month period for improvement
of program.
Subsec. (i). Pub. L. 97-98, Sec. 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, Secs. 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, Sec. 116(a)(1), struck out reference
to Puerto Rico.
Subsec. (o). Pub. L. 97-98, Secs. 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 adjustments are based be
subject to revision by Act of Congress.
Pub. L. 97-35, Secs. 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, Sec. 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, Sec. 101(a)(1)-(3), substituted
"(7), and (8)" for "and (7)" in cl. (1) and added cl. (8).
Subsec. (i). Pub. L. 96-249, Sec. 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, Sec. 101(a)(5), substituted "(7),
and (8)" for "and (7)".
Subsec. (o). Pub. L. 96-249, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 income 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, Sec. 3(o), inserted references to
nonprofit institution and section 2019(i) of this title.
Subsec. (n). Pub. L. 93-86, Sec. 3(c), added subsec. (n).
1972 - Subsec. (e). Pub. L. 92-603, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(c), included in definition of
"State" Guam, Puerto Rico, and the Virgin Islands.
Subsec. (l). Pub. L. 91-671, Sec. 2(d), added subsec. (l).
Subsec. (m). Pub. L. 91-671, Sec. 2(e), added subsec. (m).
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-199, div. A, title VII, Sec. 771(b), Jan. 23, 2004,
118 Stat. 40, provided that: "The amendment made by 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
Section 303(b) of Pub. L. 103-354 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
Section 1781 of title XVII of Pub. L. 101-624 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 1988 AMENDMENT
Pub. L. 100-435, title VII, Sec. 701, Sept. 19, 1988, 102 Stat.
1677, as amended by Pub. L. 100-619, Sec. 1, Nov. 5, 1988, 102
Stat. 3198, 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 Stamp Act of 1977, 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 Stamp Act of 1977 [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
Stamp Act of 1977 [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
Stamp Act of 1977 that relate to enhanced 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 food stamp program under section 18 of the Food Stamp Act of
1977 (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 section 3(o)(9) of the Food Stamp Act
of 1977 (as added by section 120 of this Act) [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
Section 802(b) of Pub. L. 100-77 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
Section 11002(f) of Pub. L. 99-570, as amended by Pub. L. 100-
435, title II, Sec. 205, Sept. 19, 1988, 102 Stat. 1657; Pub. L.
101-624, title XVII, Sec. 1713(b), Nov. 28, 1990, 104 Stat. 3783;
Pub. L. 102-237, title IX, Sec. 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.]
[Section 1713(b) of Pub. L. 101-624 provided that the amendment
made by that section is effective Sept. 29, 1990.]
EFFECTIVE DATE OF 1982 AMENDMENT
Section 193 of subtitle E (Secs. 140-193) of title I of Pub. L.
97-253 provided that:
"(a) Except as provided in subsection (b), this subtitle
[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
Section 192 of Pub. L. 97-253 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."
Section 1338 of title XIII of Pub. L. 97-98 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."
Section 116(a) of Pub. L. 97-35 provided that the amendment made
by that section is effective July 1, 1982.
Section 117 of Pub. L. 97-35 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
Section 10 of Pub. L. 96-58 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, 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, until implemented."
EFFECTIVE DATE OF 1977 AMENDMENT
Section 1301 of Pub. L. 95-113 provided that the amendment made
by that section is effective Oct. 1, 1977.
Section 1302(b) of Pub. L. 95-113 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
Section 411(a) of Pub. L. 92-603 provided that the amendment made
by that section is effective January 1, 1974.
Section 411(h) of Pub. L. 92-603 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
Section 3(b) of Pub. L. 93-86, 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, Sec.
8(a), Dec. 30, 1973, 87 Stat. 956, as amended by Pub. L. 93-335,
Sec. 1(a), (b), July 8, 1974, 88 Stat. 291; Pub. L. 94-44, Sec. 3,
June 28, 1975, 89 Stat. 235; Pub. L. 94-365, Sec. 2, July 14, 1976,
90 Stat. 990; Pub. L. 95-59, Sec. 3, June 30, 1977, 91 Stat. 255,
provided that the amendment by section 3(b) of Pub. 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.
CONTINUED ELIGIBILITY
Section 205 of Pub. L. 103-225 provided that: "An establishment
or house-to-house trade route that is otherwise authorized to
accept and redeem coupons under the Food Stamp Act of 1977 (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(k) of such Act (7 U.S.C.
2012(k)) (as amended by section 201) until the earlier of -
"(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 food stamp program is
evaluated for any reason."
REPORT ON IMPACT ON RETAIL FOOD STORES
Section 206 of Pub. L. 103-225 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 food stamp program established under the
Food Stamp Act of 1977 (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 food stamp program after implementation of
the amendments;
"(2) the numbers and types of stores that were withdrawn from
the food stamp 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 food stamp program and to authorize and
reauthorize the stores to participate in the food stamp 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
food stamp program; and
"(B) eligibility criteria for stores to participate in the
food stamp 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 food stamp program."
CONTINUING ELIGIBILITY OF CERTAIN RETAIL FOOD STORES
Pub. L. 103-205, Sec. 2, Dec. 17, 1993, 107 Stat. 2418, 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 coupons under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) on the date of enactment of this Act may not be disqualified
from participation in the food stamp program solely because the
establishment or trade route does not meet the definition of
'retail food store' under section 3(k)(1) of such Act (7 U.S.C.
2012(k)(1))."
PUBLICLY OPERATED COMMUNITY HEALTH CENTERS
Pub. L. 98-107, Sec. 101(b), Oct. 1, 1983, 97 Stat. 734, provided
in part: "That notwithstanding any other provision 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, as amended
[7 U.S.C. 2012(f), (i) 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 1832e of Title 42, The
Public Health and Welfare.
(!1) So in original. The word "are" probably should not appear.