7 U.S.C. § 2020 : US Code - Section 2020: Administration

Search 7 U.S.C. § 2020 : US Code - Section 2020: Administration

(a) State responsibility; records, inspection, and audit
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.
(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) of this section 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) Discrimination prohibited
In the certification of applicant households for the food stamp
program, there shall be no discrimination by reason of race, sex,
religious creed, national origin, or political beliefs.
(d) Plan of operation by State agency; approval by Secretary;
Indians
The State agency (as defined in section 2012(n)(1) of this title)
of each State desiring to participate in the food stamp program
shall submit for approval a plan of operation specifying the manner
in which such program will be conducted within the State in every
political subdivision. The Secretary may not, as a part of the
approval process for a plan of operation, require a State to submit
for prior approval by the Secretary the State agency instructions
to staff, interpretations of existing policy, State agency methods
of administration, forms used by the State agency, or any
materials, documents, memoranda, bulletins, or other matter, unless
the State determines that the materials, documents, memoranda,
bulletins, or other matter alter or amend the State plan of
operation or conflict with the rights and levels of benefits to
which a household is entitled. In the case of all or part of an
Indian reservation, the State agency as defined in section
2012(n)(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(n)(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(n)(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) 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(n)(2) of this title. A State agency, as defined in
section 2012(n)(1) of this title, before it submits its plan of
operation to the Secretary for the administration of the food stamp
program on all or part of an Indian reservation, shall consult in
good faith with the tribal organization about that portion of the
State's plan of operation pertaining to the implementation of the
program for members of the tribe, and shall implement the program
in a manner that is responsive to the needs of the Indians on the
reservation as determined by ongoing consultation with the tribal
organization.
(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 food stamp program; and (B) use appropriate bilingual
personnel and printed material in the administration of the
program in those portions of political subdivisions in the State
in which a substantial number of members of low-income households
speak a language other than English;
(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State
agency determines best serve households in the State, including
households with special needs, such as households with elderly or
disabled members, households in rural areas with low-income
members, homeless individuals, households residing on
reservations, and households in areas in which a substantial
number of members of low-income households speak a language other
than English.
(B) In carrying out subparagraph (A), a State agency - 
(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
(ii)(I) shall develop an application containing the
information necessary to comply with this 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 food stamp office in person during office
hours;
(iv) shall consider an application that contains the name,
address, and signature of the applicant to be filed on the date
the applicant submits the application;
(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that - 
(I) the information contained in the application is true;
and
(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 2015(f)
of this title;
(vi) shall provide a method of certifying and issuing coupons
to eligible homeless individuals, to ensure that participation
in the food stamp program is limited to eligible households;
and
(vii) may establish operating procedures that vary for local
food stamp offices to reflect regional and local differences
within the State.
(C) Nothing in this 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.
(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), 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 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 coupon issuance or food purchase by a person other
than a member of the household so long as that person has been
clearly designated as the representative of that household for
that purpose by the head of the household or the spouse of the
head, and, where the certification process is concerned, the
representative is an adult who is sufficiently aware of relevant
household circumstances, except that the Secretary may restrict
the number of households which may be represented by an
individual and otherwise establish criteria and verification
standards for representation under this paragraph;
(8) safeguards which limit the use or disclosure of information
obtained from applicant households to persons directly connected
with the administration or enforcement of the provisions of this
chapter, regulations issued pursuant to this chapter, Federal
assistance programs, or federally assisted State programs, except
that - 
(A) the safeguards shall not prevent the use or disclosure of
such information to the Comptroller General of the United
States for audit and examination authorized by any other
provision of law;
(B) notwithstanding any other provision of law, all
information obtained under this 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;
(C) the safeguards shall not prevent the use by, or
disclosure of such information, to agencies of the Federal
Government (including the United States Postal Service) for
purposes of collecting the amount of an overissuance of
coupons, as determined under section 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;
(D) notwithstanding any other provision of law, the address,
social security number, and, if available, photograph of any
member of a household shall be made available, on request, to
any Federal, State, or local law enforcement officer if the
officer furnishes the State agency with the name of the member
and notifies the agency that - 
(i) the member - 
(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the member
is fleeing, is a felony (or, in the case of New Jersey, a
high misdemeanor), or is violating a condition of probation
or parole imposed under Federal or State law; or
(II) has information that is necessary for the officer to
conduct an official duty related to subclause (I);
(ii) locating or apprehending the member is an official
duty; and
(iii) the request is being made in the proper exercise of
an official duty; and
(E) the safeguards shall not prevent compliance with
paragraph (16) or (20)(B);
(9) that the State agency shall - 
(A) provide coupons no later than 7 days after the date of
application to any household which - 
(i)(I) has gross income that is less than $150 per month;
or
(II) is a destitute migrant or a seasonal farmworker
household in accordance with the regulations governing such
households in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(B) provide coupons no later than 7 days after the date of
application to any household that has a combined gross income
and liquid resources that is less than the monthly rent, or
mortgage, and utilities of the household; and
(C) to the extent practicable, verify the income and liquid
resources of a household referred to in subparagraph (A) or (B)
prior to issuance of coupons to the household;
(10) for the granting of a fair hearing and a prompt
determination thereafter to any household aggrieved by the action
of the State agency under any provision of its plan of operation
as it affects the participation of such household in the food
stamp program or by a claim against the household for an
overissuance: Provided, That any household which timely requests
such a fair hearing after receiving individual notice of agency
action reducing or terminating its benefits within the
household's certification period shall continue to participate
and receive benefits on the basis authorized immediately prior to
the notice of adverse action until such time as the fair hearing
is completed and an adverse decision rendered or until such time
as the household's certification period terminates, whichever
occurs earlier, except that in any case in which the State agency
receives from the household a written statement containing
information that clearly requires a reduction or termination of
the household's benefits, the State agency may act immediately to
reduce or terminate the household's benefits and may provide
notice of its action to the household as late as the date on
which the action becomes effective. At the option of a State, at
any time prior to a fair hearing determination under this
paragraph, a household may withdraw, orally or in writing, a
request by the household for the fair hearing. If the withdrawal
request is an oral request, the State agency shall provide a
written notice to the household confirming the withdrawal request
and providing the household with an opportunity to request a
hearing;
(11) upon receipt of a request from a household, for the prompt
restoration in the form of coupons to a household of any
allotment or portion thereof which has been wrongfully denied or
terminated, except that allotments shall not be restored for any
period of time more than one year prior to the date the State
agency receives a request for such restoration from a household
or the State agency is notified or otherwise discovers that a
loss to a household has occurred;
(12) for the submission of such reports and other information
as from time to time may be required by the Secretary;
(13) for indicators of expected performance in the
administration of the program;
(14) that the State agency shall specify a plan of operation
for providing food stamps for households that are victims of a
disaster; that such plan shall include, but not be limited to,
procedures for informing the public about the disaster program
and how to apply for its benefits, coordination with Federal and
private disaster relief agencies and local government officials,
application procedures to reduce hardship and inconvenience and
deter fraud, and instruction of caseworkers in procedures for
implementing and operating the disaster program;
(15) that the State agency shall require each household
certified as eligible to participate by methods other than the
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;
(16) notwithstanding paragraph (8) of this subsection, for the
immediate reporting to the Immigration and Naturalization Service
by the State agency of a determination by personnel responsible
for the certification or recertification of households that any
member of a household is ineligible to receive food stamps
because that member is present in the United States in violation
of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];
(17) at the option of the State agency, for the establishment
and operation of an automatic data processing and information
retrieval system that meets such conditions as the Secretary may
prescribe and that is designed to provide efficient and effective
administration of the food stamp program;
(18) at the option of the State agency, that information may be
requested and exchanged for purposes of income and eligibility
verification in accordance with a State system which meets the
requirements of section 1320b-7 of title 42 and that any
additional information available from agencies administering
State unemployment compensation laws under the provisions of
section 503(d) of title 42 may 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 section 503(d) of
title 42;
(19) that, in project areas or parts thereof where
authorization cards are used, and eligible households are
required to present photographic identification cards in order to
receive their coupons, the State agency shall include, in any
agreement or contract with a coupon issuer, a provision that (A)
the issuer shall (i) require the presenter to furnish a
photographic identification card at the time the authorization
card is presented, and (ii) record on the authorization card the
identification number shown on the photographic identification
card; and (B) if the State agency determines that the
authorization card has been stolen or otherwise was not received
by a household certified as eligible, the issuer shall be liable
to the State agency for the face value of any coupons issued in
the transaction in which such card is used and the issuer fails
to comply with the requirements of clause (A) of this paragraph;
(20) that the State agency shall establish a system and take
action on a periodic basis - 
(A) to verify and otherwise ensure that an individual does
not receive coupons in more than 1 jurisdiction within the
State; and
(B) to verify and otherwise ensure that an individual who is
placed under detention in a Federal, State, or local penal,
correctional, or other detention facility for more than 30 days
shall not be eligible to participate in the food stamp program
as a member of any household, except that - 
(i) the Secretary may determine that extraordinary
circumstances make it impracticable for the State agency to
obtain information necessary to discontinue inclusion of the
individual; and
(ii) a State agency that obtains information collected
under section 1382(e)(1)(I)(i)(I) of title 42 pursuant to
section 1382(e)(1)(I)(ii)(II) of title 42, or under another
program determined by the Secretary to be comparable to the
program carried out under that section, shall be considered
in compliance with this subparagraph.
(21) the plans of the State agency for carrying out employment
and training programs under section 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, and the
basis, including any cost information, for exemptions of
categories and individuals and for the choice of employment and
training program components reflected in the plans;
(22) in a project area in which 5,000 or more households
participate in the food stamp program, for the establishment and
operation of a unit for the detection of fraud in the food stamp
program, including the investigation, and assistance in the
prosecution, of such fraud;
(23) at the option of the State, for procedures necessary to
obtain payment of uncollected overissuance of coupons from
unemployment compensation pursuant to section 2022(c) of this
title;
(24) the guidelines the State agency uses in carrying out
section 2015(i) of this title; and
(25) if a State elects to carry out a Simplified Food Stamp
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 food stamp benefits;
(B) how the State agency will address the needs of households
that experience high shelter costs in relation to the incomes
of the households; and
(C) a description of the method by which the State agency
will carry out a quality control system under section 2025(c)
of this title.
(f) Nutrition education
(1) In general
To encourage the purchase, preparation, and consumption of
nutritious foods, the Secretary is authorized to assign
responsibility for the nutrition education of individuals
eligible for food stamps, or the program for the distribution of
commodities on reservations, to the Cooperative Extension
Service, in cooperation with the Food and Nutrition Service.
State agencies shall encourage food stamp program participants to
participate in the expanded food and nutrition education program
conducted under section 343(d) of this title, and any program
established under sections 3175a through 3175e of this title. At
the request of personnel of such education program, State
agencies, wherever practicable, shall allow personnel and
information materials of such education program to be placed in
food stamp offices.
(2) Grants
(A) In general
The Secretary shall make available not more than $600,000 for
each of fiscal years 1998 through 2001 to pay the Federal share
of grants made to eligible private nonprofit organizations and
State agencies to carry out subparagraph (B).
(B) Eligibility
A private nonprofit organization or State agency shall be
eligible to receive a grant under subparagraph (A) if the
organization or agency agrees - 
(i) to use the funds to direct a collaborative effort to
coordinate and integrate nutrition education into health,
nutrition, social service, and food distribution programs for
food stamp participants and other low-income households; and
(ii) to design the collaborative effort to reach large
numbers of food stamp participants and other low-income
households through a network of organizations, including
schools, child care centers, farmers' markets, health
clinics, and outpatient education services.
(C) Preference
In deciding between 2 or more private nonprofit organizations
or State agencies that are eligible to receive a grant under
subparagraph (B), the Secretary shall give a preference to an
organization or agency that conducted a collaborative effort
described in subparagraph (B) and received funding for the
collaborative effort from the Secretary before August 5, 1997.
(D) Federal share
(i) In general
Subject to subparagraph (E), the Federal share of a grant
under this paragraph shall be 50 percent.
(ii) No in-kind contributions
The non-Federal share of a grant under this paragraph shall
be in cash.
(iii) Private funds
The non-Federal share of a grant under this paragraph may
include amounts from private nongovernmental sources.
(E) Limit on individual grant
The Federal share of a grant under subparagraph (A) may not
exceed $200,000 for a fiscal year.
(g) 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 food stamp 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 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
coupons
If the Secretary determines that there has been negligence or
fraud on the part of the State agency in the certification of
applicant households, the State shall, upon request of the
Secretary, deposit into the Treasury of the United States, a sum
equal to the face value of any coupon or coupons issued as a result
of such negligence or fraud.
(i) Application and denial procedures
(1) Application procedures
Notwithstanding any other provision of law, households in which
all members are applicants for or recipients of supplemental
security income shall be informed of the availability of benefits
under the food stamp program and be assisted in making a simple
application to participate in such program at the social security
office and be certified for eligibility utilizing information
contained in files of the Social Security Administration.
(2) Denial and termination
Except in a case of disqualification as a penalty for failure
to comply with a public assistance program rule or regulation, no
household shall have its application to participate in the food
stamp program denied nor its benefits under the food stamp
program terminated solely on the basis that its application to
participate has been denied or its benefits have been terminated
under any of the programs carried out under the statutes
specified in the second sentence of section 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.
(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 food stamp program and informed
of the availability of a simple application to participate in such
program at the social security office.
(2) The Secretary and the Commissioner of Social Security shall
revise the memorandum of understanding in effect on December 23,
1985, regarding services to be provided in social security offices
under this subsection and subsection (i) of this section, 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 issue, upon request by the State agency, food
stamps to eligible households.
(l) Special financial audit review of high participation States
Whenever the ratio of a State's average food stamp participation
in any quarter of a fiscal year to the State's total population in
that quarter (estimated on the basis of the latest available
population estimates as provided by the Department of Commerce,
Bureau of the Census, Series P-25, Current Population Reports (or
its successor series)) exceeds 60 per centum, the Office of the
Inspector General of the Department of Agriculture shall
immediately schedule a financial audit review of a sample of
project areas within that State. Any financial audit review
subsequent to the first such review, required under the preceding
sentence, shall be conducted at the option of the Office of the
Inspector General.
(m) 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 low-income households, assist in the
completion of applications, conduct required interviews, secure
required verification, forward completed applications and
supporting documentation to the State agency, and provide other
services as required by the State agency. Such services shall not
include making final decisions on household eligibility or benefit
levels.
(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 coupons and benefits or payments referred to in
section 2015(g) of this title or both coupons and assistance
provided in lieu of coupons 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 the
Federal Advisory Committee Act, a model plan for the comprehensive
automation of data processing and computerization of information
systems under the food stamp program. The plan shall be developed
and made available for public comment through publication of the
proposed plan in the Federal Register not later than October 1,
1986. The Secretary shall complete the plan, taking into
consideration public comments received, not later than February 1,
1987. The elements of the plan may include intake procedures,
eligibility determinations and calculation of benefits,
verification procedures, coordination with related Federal and
State programs, the issuance of benefits, reconciliation
procedures, the generation of notices, and program reporting. In
developing the plan, the Secretary shall take into account
automated data processing and information systems already in
existence in States and shall provide for consistency with such
systems.
(2) Not later than October 1, 1987, each State agency shall
develop and submit to the Secretary for approval a plan for the use
of an automated data processing and information retrieval system to
administer the food stamp program in such State. The State plan
shall take into consideration the model plan developed by the
Secretary under paragraph (1) and shall provide time frames for
completion of various phases of the State plan. If a State agency
already has a sufficient automated data processing and information
retrieval system, the State plan may, subject to the Secretary's
approval, reflect the existing State system.
(3) Not later than April 1, 1988, the Secretary shall prepare and
submit to Congress an evaluation of the degree and sufficiency of
each State's automated data processing and computerized information
systems for the administration of the food stamp program, including
State plans submitted under paragraph (2). Such report shall
include an analysis of additional steps needed for States to
achieve effective and cost-efficient data processing and
information systems. The Secretary, thereafter, shall periodically
update such report.
(4) Based on the Secretary's findings in such report submitted
under paragraph (3), the Secretary may require a State agency, as
necessary to rectify identified shortcomings in the administration
of the food stamp program in the State, except where such direction
would displace State initiatives already under way, to take
specified steps to automate data processing systems or computerize
information systems for the administration of the food stamp
program in the State if the Secretary finds that, in the absence of
such systems, there will be program accountability or integrity
problems that will substantially affect the administration of the
food stamp program in the State.
(5)(A) Subject to subparagraph (B), in the case of a plan for an
automated data processing and information retrieval system
submitted by a State agency to the Secretary under paragraph (2),
such State agency shall - 
(i) commence implementation of its plan not later than October
1, 1988; and
(ii) meet the time frames set forth in the plan.
(B) The Secretary shall extend a deadline imposed under
subparagraph (A) to the extent the Secretary deems appropriate
based on the Secretary's finding of a good faith effort of a State
agency to implement its plan in accordance with subparagraph (A).
(p) State verification option
Notwithstanding any other provision of law, in carrying out the
food stamp program, a State agency shall not be required to use an
income and eligibility or an immigration status verification system
established under section 1320b-7 of title 42.
(q) Denial of food stamps for prisoners
The Secretary shall assist States, to the maximum extent
practicable, in implementing a system to conduct computer matches
or other systems to prevent prisoners described in subsection
(e)(20)(B) of this section from participating in the food stamp
program as a member of any household.
(r) Denial of food stamps for deceased individuals
Each State agency shall - 
(1) enter into a cooperative arrangement with the Commissioner
of Social Security, pursuant to the authority of the Commissioner
under section 405(r)(3) of title 42, to obtain information on
individuals who are deceased; and
(2) use the information to verify and otherwise ensure that
benefits are not issued to individuals who are deceased.
(s) Transitional benefits option
(1) In general
A State agency may provide transitional food stamp benefits to
a household that ceases to receive cash assistance under a State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(2) Transitional benefits period
Under paragraph (1), a household may receive transitional food
stamp benefits for a period of not more than 5 months after the
date on which cash assistance is terminated.
(3) Amount of benefits
During the transitional benefits period under paragraph (2), a
household shall receive an amount of food stamp benefits equal to
the allotment received in the month immediately preceding the
date on which cash assistance was terminated, adjusted for the
change in household income as a result of - 
(A) the termination of cash assistance; and
(B) at the option of the State agency, information from
another program in which the household participates.
(4) Determination of future eligibility
In the final month of the transitional benefits period under
paragraph (2), the State agency may - 
(A) require the household to cooperate in a recertification
of eligibility; and
(B) initiate a new certification period for the household
without regard to whether the preceding certification period
has expired.
(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 simple application and eligibility determination
systems and improved access to benefits
(1) In general
For each of fiscal years 2003 through 2007, the Secretary shall
use not more than $5,000,000 of funds made available under
section 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 - 
(A) simple food stamp application and eligibility
determination systems; or
(B) measures to improve access to food stamp benefits by
eligible households.
(2) Types of projects
A project under paragraph (1) may consist of - 
(A) coordinating application and eligibility determination
processes, including verification practices, under the food
stamp program and other Federal, State, and local assistance
programs;
(B) establishing methods for applying for benefits and
determining eligibility that - 
(i) more extensively use - 
(I) communications by telephone; and
(II) electronic alternatives such as the Internet; or
(ii) otherwise improve the administrative infrastructure
used in processing applications and determining eligibility;
(C) developing procedures, training materials, and other
resources aimed at reducing barriers to participation and
reaching eligible households;
(D) improving methods for informing and enrolling eligible
households; or
(E) carrying out such other activities as the Secretary
determines to be appropriate.
(3) Limitation
A grant under this subsection shall not be made for the ongoing
cost of carrying out any project.
(4) Eligible entities
To be eligible to receive a grant under this subsection, an
entity shall be - 
(A) a State agency administering the food stamp program;
(B) a State or local government;
(C) an agency providing health or welfare services;
(D) a public health or educational entity; or
(E) a private nonprofit entity such as a 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)).