Notes on 7 U.S.C. § 2016 : US Code - Notes

Search Notes on 7 U.S.C. § 2016 : US Code - Notes

(Pub. L. 88-525, Sec. 7, Aug. 31, 1964, 78 Stat. 705; Pub. L. 91-
671, Sec. 5, Jan. 11, 1971, 84 Stat. 2050; Pub. L. 93-86, Sec.
3(m), Aug. 10, 1973, 87 Stat. 248; Pub. L. 93-125, Sec. 1(k), Oct.
18, 1973, 87 Stat. 450; Pub. L. 94-339, Sec. 2, July 5, 1976, 90
Stat. 799; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29, 1977,
91 Stat. 967; Pub. L. 97-98, title XIII, Sec. 1312, Dec. 22, 1981,
95 Stat. 1285; Pub. L. 97-253, title I, Secs. 162, 190(c)(2), Sept.
8, 1982, 96 Stat. 778, 787; Pub. L. 99-198, title XV, Secs. 1518,
1519, Dec. 23, 1985, 99 Stat. 1578; Pub. L. 100-435, title II, Sec.
203(b), Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101-624, title
XVII, Secs. 1728, 1729(a), Nov. 28, 1990, 104 Stat. 3788, 3789;
Pub. L. 103-225, title I, Sec. 102, Mar. 25, 1994, 108 Stat. 107;
Pub. L. 104-193, title VIII, Sec. 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, Sec. 3, Feb. 11, 2000, 114 Stat. 3; Pub. L.
107-171, title IV, Sec. 4110, May 13, 2002, 116 Stat. 309.)
REFERENCES IN TEXT                        
Section 2020(e)(20) of this title, referred to in subsec. (f),
was redesignated section 2020(e)(19) of this title by Pub. L. 104-
193, title VIII, Sec. 835(1)(D)(i), Aug. 22, 1996, 110 Stat. 2330.
AMENDMENTS                            
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, Sec. 825(a)(1), inserted
subsec. heading.
Subsec. (i)(1). Pub. L. 104-193, Sec. 825(a)(1), added par. (1)
and struck out former par. (1) which read as follows:
"(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, Sec. 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, Sec. 825(a)(2)(B), struck out
", in any 1 year," after "does not exceed" and "on-line" before
"electronic benefit".
Subsec. (i)(2)(D). Pub. L. 104-193, Sec. 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, Sec. 825(a)(2)(D)-(F), added
subpar. (I).
Subsec. (i)(7) to (11). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Sec. 1519, substituted
"shall" for "may" in provisions preceding subpar. (A).
Subsec. (h). Pub. L. 99-198, Sec. 1518, added subsec. (h).
1982 - Subsec. (f). Pub. L. 97-253, Sec. 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, Sec. 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 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.
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 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                 
Section 1301 of Pub. L. 95-113 provided that the amendment made
by that section is effective Oct. 1, 1977.
REPORT ON ELECTRONIC BENEFIT TRANSFER SYSTEMS           
Pub. L. 107-171, title IV, Sec. 4111, May 13, 2002, 116 Stat.
309, provided that:
"(a) Definition of EBT System. - In this section, the term 'EBT
system' means an electronic benefit transfer system used in
issuance of benefits under the food stamp program under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
"(b) Report. - Not later than October 1, 2003, 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 - 
"(1) describes the status of use by each State agency of EBT
systems;
"(2) specifies the number of vendors that have entered into a
contract for an EBT system with a State agency;
"(3)(A) specifies the number of State agencies that have
entered into an EBT-system contract with multiple EBT-system
vendors; and
"(B) describes, for each State agency described in subparagraph
(A), how responsibilities are divided among the various vendors;
"(4) with respect to any State in which an EBT system is not
operational throughout the State as of October 1, 2002 - 
"(A) provides an explanation of the reasons why an EBT system
is not operational throughout the State;
"(B) describes how the reasons are being addressed; and
"(C) specifies the expected date of operation of an EBT
system throughout the State;
"(5) provides a description of - 
"(A) the issues faced by any State agency that has awarded a
second EBT-system contract in the 2-year period preceding the
date of the report; and
"(B) the steps that the State agency has taken to address
those issues;
"(6) provides a description of - 
"(A) the issues faced by any State agency that will award a
second EBT-system contract within the 2-year period beginning
on the date of the report; and
"(B) strategies that the State agency is considering to
address those issues;
"(7) describes initiatives being considered or taken by the
Department of Agriculture, food retailers, EBT-system vendors,
and client advocates to address any outstanding issues with
respect to EBT systems; and
"(8) examines areas of potential advances in electronic benefit
delivery in the 5- to 10-year period beginning on the date of the
report, including - 
"(A) access to EBT systems at farmers' markets;
"(B) increased use of transaction data from EBT systems to
identify and prosecute fraud; and
"(C) fostering of increased competition among EBT-system
vendors to ensure cost containment and optimal service."
CONGRESSIONAL STATEMENT OF PURPOSE                
Pub. L. 106-171, Sec. 2, Feb. 11, 2000, 114 Stat. 3, 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 food stamp program;
"(2) to ensure cost-effective portability of food stamp
benefits 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 food stamp benefits under a
uniform national standard of interoperability and portability;
and
"(4) to eliminate the inefficiencies resulting from a patchwork
of State-administered systems and regulations established to
carry out the food stamp program."
STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC BENEFIT TRANSACTIONS
INVOLVING FOOD STAMP BENEFITS
Pub. L. 106-171, Sec. 4, Feb. 11, 2000, 114 Stat. 6, provided
that: "Not later than 1 year after the date of enactment of this
Act [Feb. 11, 2000], the Secretary of Agriculture shall study and
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on alternatives for handling interstate
electronic benefit transactions involving food stamp benefits
provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
including the feasibility and desirability of a single hub for
switching (as defined in section 7(k)(1) of that Act [7 U.S.C.
2016(k)(1)] (as added by section 3))."
SUSPENSION OF STAGGERED ISSUANCE OF FOOD STAMP COUPONS      
Pub. L. 102-237, title IX, Sec. 908(a)(1), Dec. 13, 1991, 105
Stat. 1886, as amended by Pub. L. 103-11, Sec. 1, Apr. 1, 1993, 107
Stat. 41; Pub. L. 103-205, Sec. 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,
Sec. 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.
(!1) See References in Text note below.