Notes on 7 U.S.C. § 2020 : US Code - Notes
Search Notes on 7 U.S.C. § 2020 : US Code - Notes
(Pub. L. 88-525, Sec. 11, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95-
113, title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L.
96-249, title I, Secs. 113, 116-120, 122, 123, May 26, 1980, 94
Stat. 361-363; Pub. L. 97-35, title I, Sec. 111(a), Aug. 13, 1981,
95 Stat. 362; Pub. L. 97-98, title XIII, Secs. 1316-1320(a), 1321-
1323, Dec. 22, 1981, 95 Stat. 1286, 1287; Pub. L. 97-253, title I,
Secs. 166-174, 180(b)(1), 189(b)(2), 190(c)(1), Sept. 8, 1982, 96
Stat. 779, 780, 783, 787; Pub. L. 98-204, Sec. 7, Dec. 2, 1983, 97
Stat. 1386; Pub. L. 98-369, div. B, title VI, Sec. 2651(i), July
18, 1984, 98 Stat. 1150; Pub. L. 99-198, title XV, Secs. 1507(b),
1517(b), 1525-1531(a), (b), 1535(b)(1), 1537(b), (c), Dec. 23,
1985, 99 Stat. 1568, 1576, 1580-1582, 1584, 1586, 1587; Pub. L. 100-
77, title VIII, Secs. 808(a), 809(a), July 22, 1987, 101 Stat.
536; Pub. L. 100-435, title II, Sec. 204(a), title III, Secs. 310,
311, 320, 321(a), 322, 323, 330, 352, Sept. 19, 1988, 102 Stat.
1657, 1660-1662, 1665; Pub. L. 101-624, title XVII, Secs. 1736-
1741, 1763(b), Nov. 28, 1990, 104 Stat. 3793, 3794, 3806; Pub. L.
102-237, title IX, Sec. 941(5), (6), Dec. 13, 1991, 105 Stat. 1892;
Pub. L. 103-66, title XIII, Sec. 13941(a), Aug. 10, 1993, 107 Stat.
676; Pub. L. 103-296, title I, Sec. 108(f)(2), (3), Aug. 15, 1994,
108 Stat. 1487; Pub. L. 104-66, title I, Sec. 1011(x), Dec. 21,
1995, 109 Stat. 711; Pub. L. 104-193, title VIII, Secs. 809(b),
819(b), 835-840, 844(b), 848(b)(1), 854(b), Aug. 22, 1996, 110
Stat. 2313, 2320, 2329-2331, 2333, 2334, 2342; Pub. L. 105-33,
title I, Secs. 1003(a)(1), (2), (b), 1004, Aug. 5, 1997, 111 Stat.
255, 256; Pub. L. 105-379, Sec. 1(a), Nov. 12, 1998, 112 Stat.
3399; Pub. L. 107-171, title IV, Secs. 4114(a), 4115(a), 4116(a),
May 13, 2002, 116 Stat. 314, 315; Pub. L. 108-265, title I, Sec.
104(b)(2), June 30, 2004, 118 Stat. 737.)
REFERENCES IN TEXT
The Indian Self-Determination Act (25 U.S.C. 450), referred to in
subsec. (d), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2203, as amended, which is classified principally to part A (Sec.
450f et seq.) of subchapter II of chapter 14 of Title 25, Indians.
For complete classification of this Act to the Code, see Short
Title note set out under section 450 of Title 25 and Tables.
The Immigration and Nationality Act, referred to in subsec.
(e)(16), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
which is classified principally to chapter 12 (Sec. 1101 et seq.)
of Title 8, Aliens and Nationality. For complete classification of
this Act to the Code, see Short Title note set out under section
1101 of Title 8 and Tables.
The Federal Advisory Committee Act, referred to in subsec.
(o)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
The Social Security Act, referred to in subsec. (s)(1), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title
IV of the Act is classified generally to part A (Sec. 601 et seq.)
of subchapter IV of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (u), is act June 4, 1946, ch. 281, 60 Stat. 230, as
amended, which is classified generally to chapter 13 (Sec. 1751 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec.
(u)(2)(A), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as
amended, which is classified generally to chapter 13A (Sec. 1771 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 1771 of Title 42 and Tables.
AMENDMENTS
2004 - Subsec. (u). Pub. L. 108-265 added subsec. (u).
2002 - Subsec. (e)(2)(B)(ii). Pub. L. 107-171, Sec. 4114(a),
designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (s). Pub. L. 107-171, Sec. 4115(a), added subsec. (s).
Subsec. (t). Pub. L. 107-171, Sec. 4116(a), added subsec. (t).
1998 - Subsec. (r). Pub. L. 105-379 added subsec. (r).
1997 - Subsec. (e)(8)(E). Pub. L. 105-33, Sec. 1003(a)(2),
substituted "paragraph (16) or (20)(B)" for "paragraph (16)".
Subsec. (e)(20). Pub. L. 105-33, Sec. 1003(a)(1), added par. (20)
and struck out former par. (20) which read as follows: "that the
State agency shall establish a system and take action on a periodic
basis to verify and otherwise assure that an individual does not
receive coupons in more than one jurisdiction within the State;".
Subsec. (f). Pub. L. 105-33, Sec. 1004, inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading,
and added par. (2).
Subsec. (q). Pub. L. 105-33, Sec. 1003(b), added subsec. (q).
1996 - Subsec. (e)(2). Pub. L. 104-193, Sec. 835(1)(A), added
par. (2) and struck out former par. (2) which required that each
State plan of operation was to provide that each household which
contacted food stamp office in person during office hours to make
what could reasonably be interpreted as oral or written request for
food stamp assistance was to receive and be permitted to file, on
same day that such contact was first made, simplified, uniform
national application form for participation in food stamp program.
Subsec. (e)(3). Pub. L. 104-193, Secs. 809(b), 835(1)(B),
substituted "shall" for "shall - " after "and that the State
agency", struck out "(A)" before "provide each applicant household"
and struck out subpars. (B) to (E) and concluding provisions which
provided that State agency was to assist each applicant household
in obtaining appropriate verification and completing application
process, not require any household to submit additional proof of
matter on which State agency already had current verification, not
deny any application for participation solely because of failure of
person outside household to cooperate, process applications if
household complied with requirements of first sentence of section
2015(c) of this title by taking appropriate steps to verify
information otherwise required to be verified under this chapter,
provide household, at time of each certification and
recertification, with statement describing reporting
responsibilities of household under this chapter, and provide toll-
free or local telephone number, or telephone number at which
collect calls would be accepted by State agency, at which household
could reach appropriate representative of State agency.
Subsec. (e)(6). Pub. L. 104-193, Sec. 836, substituted "(6) that -
" for "(6) that", realigned margins of subpars. (A) and (B), in
subpar. (B) substituted "Office of Personnel Management" for
"United States Civil Service Commission", and struck out subpars.
(C) to (E) which read as follows: "(C) the State agency shall
provide a continuing, comprehensive program of training for all
personnel undertaking such certification so that eligible
households are promptly and accurately certified to receive the
allotments for which they are eligible under this chapter; (D) the
State agency, at its option, may undertake intensive training to
ensure that State agency personnel who undertake the certification
of households that include a member who engages in farming are
qualified to perform such certification; and (E) at its option, the
State agency may provide, or contract for the provision of,
training and assistance to persons working with volunteer or
nonprofit organizations that provide program information activities
or eligibility screening to persons potentially eligible for food
stamps;".
Subsec. (e)(8). Pub. L. 104-193, Secs. 837, 844(b), in
introductory provisions, substituted "except that - " for "except
that", in subpar. (A), realigned margin, substituted "the
safeguards" for "such safeguards" and semicolon for comma at end,
in subpar. (B), realigned margin and substituted "chapter;" for
"chapter, and", in subpar. (C), realigned margin, substituted "the
safeguards" for "such safeguards", struck out "and excluding claims
arising from an error of the State agency, that has not been
recovered pursuant to such section" before ", from Federal pay",
and inserted before semicolon at end "or a Federal income tax
refund as authorized by section 3720A of title 31", and added
subpars. (D) and (E).
Subsec. (e)(9). Pub. L. 104-193, Sec. 838, in subpar. (A),
substituted "7 days" for "five days", redesignated subpar. (C) as
(B), substituted "7 days" for "five days", and struck out former
subpar. (B) which read as follows: "provide coupons no later than
five days after the date of application to any household in which
all members are homeless individuals and that meets the income and
resource criteria for coupons under this chapter;", and
redesignated subpar. (D) as (C) and substituted "or (B)" for ",
(B), or (C)".
Subsec. (e)(10). Pub. L. 104-193, Sec. 839, inserted before
semicolon at end a period and "At the option of a State, at any
time prior to a fair hearing determination under this paragraph, a
household may withdraw, orally or in writing, a request by the
household for the fair hearing. If the withdrawal request is an
oral request, the State agency shall provide a written notice to
the household confirming the withdrawal request and providing the
household with an opportunity to request a hearing".
Subsec. (e)(14). Pub. L. 104-193, Sec. 835(1)(C), (D)(i),
redesignated par. (15) as (14) and struck out former par. (14)
which read as follows: "that the State agency shall prominently
display in all food stamp and public assistance offices posters
prepared or obtained by the Secretary describing the information
contained in subparagraphs (A) through (D) of this paragraph and
shall make available in such offices for home use pamphlets
prepared or obtained by the Secretary listing (A) foods that
contain substantial amounts of recommended daily allowances of
vitamins, minerals, and protein for children and adults; (B) menus
that combine such foods into meals; (C) details on eligibility for
other programs administered by the Secretary that provide nutrition
benefits; and (D) general information on the relationship between
health and diet;".
Subsec. (e)(15) to (17). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (16) to (18) as (15) to (17), respectively.
Former par. (15) redesignated (14).
Subsec. (e)(18). Pub. L. 104-193, Sec. 840, substituted "at the
option of the State agency, that information may be" for "that
information is" and "may be requested" for "shall be requested".
Pub. L. 104-193, Sec. 835(1)(D)(i), redesignated par. (19) as
(18). Former par. (18) redesignated (17).
Subsec. (e)(19) to (22). Pub. L. 104-193, Sec. 835(1)(D)(i),
redesignated pars. (20) to (23) as (19) to (22), respectively.
Former par. (19) redesignated (18).
Subsec. (e)(23). Pub. L. 104-193, Secs. 819(b)(1), 835(1)(D)(i),
redesignated par. (24) as (23) and struck out "and" at end. Former
par. (23) redesignated (22).
Subsec. (e)(24). Pub. L. 104-193, Sec. 835(1)(D)(ii),
redesignated par. (26) as (24). Former par. (24) redesignated (23).
Subsec. (e)(25). Pub. L. 104-193, Sec. 854(b), added par. (25).
Pub. L. 104-193, Secs. 819(b)(2), 835(1)(C), substituted
semicolon for concluding period and struck out par. (25) which read
as follows: "a procedure for designating project areas or parts of
project areas that are rural and in which low-income persons face
substantial difficulties in obtaining transportation. The State
agency shall designate the areas according to procedures approved
by the Secretary. In each area so designated, the State agency
shall provide for the issuance of coupons by mail to all eligible
households in the area, except that any household with mail losses
exceeding levels established by the Secretary shall not be entitled
to such a mailing and the State agency shall not be required to
issue coupons by mail in those localities within such area where
the mail loss rates exceed standards set by the Secretary."
Subsec. (e)(26). Pub. L. 104-193, Sec. 835(1)(D)(ii),
redesignated par. (26) as (24).
Pub. L. 104-193, Sec. 819(b)(3), added par. (26).
Subsec. (g). Pub. L. 104-193, Sec. 848(b)(1), in first sentence,
struck out "the Secretary's standards for the efficient and
effective administration of the program established under section
2025(b)(1) of this title or" before "the requirements established
pursuant to section 2032".
Subsec. (i). Pub. L. 104-193, Sec. 835(2)(A), inserted subsec.
heading.
Subsec. (i)(1). Pub. L. 104-193, Sec. 835(2)(A), designated
portion of existing provisions as par. (1), inserted heading, and
substituted "Notwithstanding any other provision of law," for
"Notwithstanding any other provision of law, the Secretary, the
Commissioner of Social Security and the Secretary of Health and
Human Services shall develop a system by which (1) a single
interview shall be conducted to determine eligibility for the food
stamp program and the aid to families with dependent children
program under part A of title IV of the Social Security Act; (2)".
Subsec. (i)(2). Pub. L. 104-193, Sec. 835(2)(B), substituted a
period, par. (2) designation, heading, and "Except in a case of
disqualification as a penalty for failure to comply with a public
assistance program rule or regulation, no" for "; (3) households in
which all members are included in a federally aided public
assistance or State or local general assistance grant in a State
that has a single State-wide general assistance application form
shall have their application for participation in the food stamp
program contained in the public assistance or general assistance
application form, and households applying for a local general
assistance grant in a local jurisdiction in which the agency
administering the general assistance program also administers the
food stamp program shall be provided an application for
participation in the food stamp program at the time of their
application for general assistance, along with information
concerning how to apply for the food stamp program; and (4) new
applicants, as well as households which have recently lost or been
denied eligibility for public assistance or general assistance,
shall be certified for participation in the food stamp program
based on information in the public assistance or general assistance
case file to the extent that reasonably verified information is
available in such case file. In addition to implementing paragraphs
(1) through (4), the State agency shall inform applicants for
benefits under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) that such applicants may file, along with their
application for such benefits, an application for benefits under
this chapter, and that if such applicants file, they shall have a
single interview for food stamps and for benefits under part A of
title IV of the Social Security Act. No".
Subsec. (p). Pub. L. 104-193, Sec. 840(2), added subsec. (p).
1995 - Subsec. (l). Pub. L. 104-66 struck out ", and shall, upon
completion of the audit, provide a report to Congress of its
findings and recommendations within one hundred and eighty days"
after "within that State" in first sentence.
1994 - Subsec. (i). Pub. L. 103-296, Sec. 108(f)(3), inserted ",
the Commissioner of Social Security" after "the Secretary" in first
sentence.
Subsec. (j). Pub. L. 103-296, Sec. 108(f)(2), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services" wherever appearing.
1993 - Subsec. (e)(8)(C). Pub. L. 103-66 added cl. (C).
1991 - Subsec. (b). Pub. L. 102-237, Sec. 941(6), redesignated
subsec. (p) as (b) and transferred it to follow subsec. (a).
Subsec. (e)(2). Pub. L. 102-237, Sec. 941(5)(A), substituted a
semicolon for period at end.
Subsec. (e)(3)(D). Pub. L. 102-237, Sec. 941(5)(B)(i),
substituted "section 2015 of this title)" for "section 2015 of this
title".
Subsec. (e)(3)(E). Pub. L. 102-237, Sec. 941(5)(B)(ii), made
technical amendment to clarify alignment of margin of concluding
provisions.
Subsec. (e)(15). Pub. L. 102-237, Sec. 941(5)(C), substituted a
semicolon for period at end.
Subsec. (p). Pub. L. 102-237, Sec. 941(6), redesignated subsec.
(p) as (b) and transferred it to follow subsec. (a).
1990 - Subsec. (e)(2). Pub. L. 101-624, Sec. 1736(1), substituted
"on or near its front cover) explanations" for "instructions" in
third sentence.
Pub. L. 101-624, Sec. 1736(2), substituted "The State agency
shall require that an adult representative of each household that
is applying for food stamp benefits shall certify in writing, under
penalty of perjury, that the information contained in the
application is true and that all members of the household are
either citizens or are aliens eligible to receive food stamps under
section 2015(f) of this title. The signature of the adult under
this section shall be deemed sufficient to comply with any
provision of Federal law requiring household members to sign the
application or statements in connection with the application
process." for "One adult member of a household that is applying for
a coupon allotment shall be required to certify in writing, under
penalty of perjury, the truth of the information contained in the
application for the allotment."
Subsec. (e)(3)(E). Pub. L. 101-624, Sec. 1737, inserted before
semicolon at end a period followed by "Under rules prescribed by
the Secretary, a State agency shall develop standard estimates of
the shelter expenses that may reasonably be expected to be incurred
by households in which all members are homeless but that are not
receiving free shelter throughout the month. The Secretary may
issue regulations to preclude the use of the estimates for
households with extremely low shelter costs for whom the following
sentence shall not apply. A State agency shall use the estimates in
determining the allotments of the households, unless a household
verifies higher expenses".
Subsec. (e)(21). Pub. L. 101-624, Sec. 1738(1), struck out "and"
after "within the State;".
Subsec. (e)(22). Pub. L. 101-624, Sec. 1738(2), substituted
semicolon for period at end.
Subsec. (e)(25). Pub. L. 101-624, Sec. 1738(3)-(5), added par.
(25).
Subsec. (f). Pub. L. 101-624, Sec. 1739, inserted first sentence
and struck out former first sentence which read as follows: "To
encourage the purchase of nutritious foods, the Secretary is
authorized to extend food and nutrition education to reach food
stamp program participants, using the methods and techniques
developed in the expanded food and nutrition education and other
programs."
Subsec. (g). Pub. L. 101-624, Sec. 1763(b), inserted "or the
requirements established pursuant to section 2032 of this title"
after "section 2025(b)(1) of this title" in first sentence.
Subsec. (i)(3). Pub. L. 101-624, Sec. 1740, inserted "in a State
that has a single State-wide general assistance application form"
after "grant" and inserted before semicolon at end ", and
households applying for a local general assistance grant in a local
jurisdiction in which the agency administering the general
assistance program also administers the food stamp program shall be
provided an application for participation in the food stamp program
at the time of their application for general assistance, along with
information concerning how to apply for the food stamp program".
Subsec. (j)(1). Pub. L. 101-624, Sec. 1741, inserted
"supplemental security income or" after "recipient of".
1988 - Subsec. (e)(1)(A). Pub. L. 100-435, Sec. 204(a), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "not conduct food stamp outreach activities with funds
provided under this chapter except, at the option of the State
agency, food stamp informational activities directed at homeless
individuals; and".
Subsec. (e)(2). Pub. L. 100-435, Sec. 310, inserted provisions
relating to brief, simply-written, and readable application forms.
Pub. L. 100-435, Sec. 330, substituted "The State agency shall
waive in-office interviews, on a household's request, if a
household is unable to appoint an authorized representative
pursuant to paragraph (7) and has no adult household members able
to come to the appropriate State agency office because such members
are elderly, are mentally or physically handicapped, live in a
location not served by a certification office, or have
transportation difficulties or similar hardships as determined by
the State agency (including hardships due to residing in a rural
area, illness, care of a household member, prolonged severe
weather, or work or training hours). If an in-office interview is
waived, the State agency may conduct a telephone interview or a
home visit. The State agency shall provide for telephone contact
by, mail delivery of forms to, and mail return of forms by,
households that have transportation difficulties or similar
hardships." for "The State agency shall comply with the standards
established by the Secretary for telephone contact by, mail
delivery of forms to and mail return of forms by, and subsequent
home or telephone interview with, the elderly, physically or
mentally handicapped, and persons otherwise unable, solely because
of transportation difficulties and similar hardships, to appear in
person at a certification office or through a representative
pursuant to paragraph (7) of this subsection, so that such persons
may have an adequate opportunity to be certified properly;".
Subsec. (e)(3). Pub. L. 100-435, Sec. 323, inserted provisions at
end relating to dissemination of statements describing reporting
responsibilities and telephone number to call State agency.
Pub. L. 100-435, Sec. 311, inserted cls. (A) to (E).
Subsec. (e)(6)(C). Pub. L. 100-435, Sec. 322(a), substituted
"shall provide" for "shall undertake to provide" and inserted "so
that eligible households are promptly and accurately certified to
receive the allotments for which they are eligible under this
chapter" after "such certification".
Subsec. (e)(6)(D). Pub. L. 100-435, Sec. 321(a), added cl. (D).
Subsec. (e)(6)(E). Pub. L. 100-435, Sec. 322(b), added cl. (E).
Subsec. (i). Pub. L. 100-435, Sec. 352, amended second sentence
generally. Prior to amendment, second sentence read as follows:
"Each State agency shall implement clauses (1) and (2) and may
implement clause (3) or (4), or both such clauses."
Subsec. (p). Pub. L. 100-435, Sec. 320, added subsec. (p).
1987 - Subsec. (e)(1)(A). Pub. L. 100-77, Sec. 808(a), inserted
"except, at the option of the State agency, food stamp
informational activities directed at homeless individuals" after
"this chapter".
Subsec. (e)(9). Pub. L. 100-77, Sec. 809(a), added subpars. (B)
and (C), redesignated former subpar. (B) as (D), and directed the
substitution of "a household referred to in subparagraph (A), (B),
or (C)" for "the household" which was executed by making the
substitution for the first reference to "the household" as the
probable intent of Congress.
1985 - Subsec. (e)(2). Pub. L. 99-198, Sec. 1529, inserted
provision directing the State agency to provide a method of
certifying and issuing coupons to eligible households that do not
reside in permanent dwellings or who do not have fixed mailing
addresses and to take such steps as are necessary to ensure that
participation in the food stamp program is limited to eligible
households.
Pub. L. 99-198, Sec. 1525, inserted requirement that one adult
member of a household that is applying for a coupon allotment
certify in writing, under penalty of perjury, the truth of the
information contained in the application for the allotment.
Subsec. (e)(3). Pub. L. 99-198, Sec. 1527, struck out "only"
after "verification", inserted ", household size (in any case such
size is questionable,", and substituted "such other eligibility
factors as the State agency determines are necessary" for "any
factors of eligibility involving households that fall within the
State agency's error-prone household profiles as developed by the
State agency from the error rate reduction system conducted under
section 2025 of this title and as approved by the Secretary".
Subsec. (e)(16). Pub. L. 99-198, Sec. 1528, substituted "fourth
sentence" for "last sentence", inserted "and would be cost
effective" after "integrity", and inserted provision authorizing
the State agency to permit a member of a household to comply with
this paragraph by presenting a photographic identification card
used to receive assistance under a welfare or public assistance
program.
Subsec. (e)(22). Pub. L. 99-198, Sec. 1517(b), added par. (22).
Subsec. (e)(23). Pub. L. 99-198, Sec. 1526, added par. (23).
Subsec. (e)(24). Pub. L. 99-198, Sec. 1535(b)(1), added par.
(24).
Subsec. (f). Pub. L. 99-198, Sec. 1530, inserted provisions
directing State agencies to 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 and, at the request of personnel of such education program,
allow personnel and information materials of such education program
to be placed in food stamp offices.
Subsec. (g). Pub. L. 99-198, Sec. 1537(c), inserted "the State
plan for automated data processing submitted pursuant to subsection
(o)(2) of this section," and substituted "sections 2025(a),
2025(c), and 2025(g) of this title" for "sections 2025(a) and
2025(c) of this title".
Subsec. (i). Pub. L. 99-198, Sec. 1531(a), in cl. (2) of first
sentence, inserted "applicants for or" after "members are" and
substituted "informed of the availability of benefits under the
food stamp program and be assisted in making a simple application
to participate in such program" for "permitted to apply for
participation in the food stamp program by executing a simple
application", effective Oct. 1, 1986.
Pub. L. 99-198, Sec. 1507(b), inserted sentence directing that no
household shall have its application to participate in the food
stamp program denied nor its benefits under the food stamp program
terminated solely on the basis that its application to participate
has been denied or its benefits have been terminated under any of
the programs carried out under the statutes specified in the second
sentence of section 2014(a) of this title and without a separate
determination by the State agency that the household fails to
satisfy the eligibility requirements for participation in the food
stamp program.
Subsec. (j). Pub. L. 99-198, Sec. 1531(b), amended subsec. (j)
generally, effective Oct. 1, 1986. Prior to amendment, subsec. (j)
read as follows: "The Secretary, in conjunction with the Secretary
of Health and Human Services, is authorized to prescribe
regulations permitting applicants for and recipients of social
security benefits to apply for food stamps at social security
offices and be certified for food stamp eligibility in such offices
in order that the application and certification for food stamp
assistance may be accomplished as efficiently and conveniently as
possible."
Subsec. (o). Pub. L. 99-198, Sec. 1537(b), added subsec. (o).
1984 - Subsec. (e)(19). Pub. L. 98-369 amended par. (19)
generally. Prior to amendment, par. (19) read as follows: "that -
"(A) in any case in which information is available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act (42 U.S.C. 503(d)), the
information shall be requested and utilized by the State agency
to the extent permitted under such section; or
"(B) in any case in which information is not available from
agencies administering State unemployment compensation laws under
section 303(d) of the Social Security Act -
"(i) information available from the Social Security
Administration under section 6103(l)(7) of title 26 shall be
requested and utilized by the State agency to the extent
permitted under such section; or
"(ii) similar information available from other sources shall
be requested and utilized by the State agency to the extent
approved by the Secretary and permitted by any law controlling
access to the information;".
1983 - Subsec. (e)(19). Pub. L. 98-204 amended par. (19)
generally. Prior to amendment, par. (19) read as follows: "that
information available from the Social Security Administration under
the provisions of section 6103(i)(7) of title 26, and information
available from agencies administering State unemployment
compensation laws under the provisions of section 303(d) of the
Social Security Act, shall be requested and utilized by the State
agency (described in section 2012(n)(1) of this title), to the
extent permitted under the provisions of such sections, except that
the State agency shall not be required to request such information
from the Social Security Administration if such information is
available from the agency administering the State unemployment
compensation laws;".
1982 - Subsec. (d). Pub. L. 97-253, Sec. 166, inserted provision
that 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.
Subsec. (e)(2). Pub. L. 97-253, Sec. 167(a), struck out "points
and hours of certification, and for" after "Secretary for" in last
sentence.
Subsec. (e)(3). Pub. L. 97-253, Sec. 180(b)(1), substituted
"section 2025(e) of this title" for "subsections (h) and (i) of
section 2025 of this title" and "error rate reduction system" for
"quality control program", respectively.
Subsec. (e)(7). Pub. L. 97-253, Sec. 168, substituted "an" for
"any" wherever appearing and inserted provision that the Secretary
may restrict the number of households which may be represented by
an individual and otherwise establish criteria and verification
standards for representation under this paragraph.
Subsec. (e)(8). Pub. L. 97-253, Sec. 169, substituted ",
regulations issued pursuant to this chapter, Federal assistance
programs, or federally assisted State programs" for "or the
regulations issued pursuant to this chapter".
Subsec. (e)(9). Pub. L. 97-253, Sec. 170, added par. (9). Former
par. (9), which required that the State plan of operation provide
that households in immediate need because of no income as defined
in section 2014(d) and (e) of this title would receive coupons on
an expedited basis, was struck out.
Subsec. (e)(10). Pub. L. 97-253, Sec. 171, inserted provision
that in any case in which the State agency receives from the
household a written statement containing information that clearly
requires a reduction or termination of the household's benefits,
the State agency may act immediately to reduce or terminate the
household's benefits and may provide notice of its action to the
household as late as the date on which the action becomes
effective.
Subsec. (e)(13). Pub. L. 97-253, Secs. 167(b), 190(c)(1),
redesignated par. (14) as (13) and struck out former par. (13)
which provided that the State plan of operation provide for
compliance with standards set by the Secretary with respect to
points and hours of coupon issuance.
Subsec. (e)(14) to (21). Pub. L. 97-253, Sec. 190(c)(1),
redesignated pars. (14) to (22) as (13) to (21), respectively.
Subsec. (e)(22). Pub. L. 97-253, Secs. 172, 190(c)(1), added par.
(22) and redesignated it as par. (21).
Subsec. (i). Pub. L. 97-253, Secs. 173, 189(b)(2)(A), inserted
provision requiring each State agency to implement pars. (1) and
(2), and permitting each such agency to implement either par. (3)
or (4), or both, and substituted reference to the Secretary of
Health and Human Services for former reference to the Secretary of
Health, Education, and Welfare.
Subsec. (j). Pub. L. 97-253, Sec. 189(b)(2)(B), substituted
reference to the Secretary of Health and Human Services for former
reference to the Secretary of Health, Education, and Welfare.
Subsec. (n). Pub. L. 97-253, Sec. 174, added subsec. (n).
1981 - Subsec. (b). Pub. L. 97-98, Sec. 1316, struck out subsec.
(b) which provided that certification of a household as eligible in
any political subdivision, in the event of removal of such
household to another political subdivision in which the food stamp
program is operating, remains valid for participation in the food
stamp program for a period of sixty days from the date of such
removal.
Subsec. (e)(1). Pub. L. 97-35 added cl. (A) and redesignated cl.
(C) as (B). Former cls. (A) and (B), relating to informing low-
income households about the program, and conducting other outreach
activities, respectively, were struck out.
Subsec. (e)(2). Pub. L. 97-98, Sec. 1317, inserted provision that
the application contain in understandable terms and in prominent
and boldface lettering a statement that the information provided by
the applicant is subject to verification and if incorrect the
applicant may be subject to denial of food stamps and criminal
prosecution.
Subsec. (e)(4). Pub. L. 97-98, Sec. 1318, substituted "prior to"
for "immediately prior to or at" and "advising the household" for
"advising it".
Subsec. (e)(8). Pub. L. 97-98, Sec. 1319, inserted provision that
such safeguards not prevent the use or disclosure of such
information to the Comptroller General of the United States for
audit and examination authorized by any other provision of law and
that, notwithstanding any other provision of law, all information
obtained under this chapter from an applicant household be
available to local, State, or Federal law enforcement officials for
the purpose of investigating an alleged violation of this chapter
or any regulation issued under this chapter.
Subsec. (e)(11). Pub. L. 97-98, Sec. 1320(a), inserted provision
that allotments not be restored for any period of time more than
one year prior to the date the State agency receives a request for
such restoration from a household or the State agency is notified
or otherwise discovers that a loss to a household has occurred.
Subsec. (e)(20), (21). Pub. L. 97-98, Sec. 1321, added pars. (20)
and (21).
Subsec. (f). Pub. L. 97-98, Sec. 1322, substituted "is authorized
to extend food and nutrition education to reach food stamp
participants, using methods and techniques developed in the
expanded food and nutrition education and other programs" for
"shall extend the expanded food and nutrition education program to
the greatest extent possible to reach food stamp program
participants" and struck out provision that the program be
supplemented by the development of single concept printed
materials, specifically designed for persons with low reading and
comprehension levels, on how to buy and prepare more nutritious and
economical meals and on the relationship between food and good
health.
Subsec. (m). Pub. L. 97-98, Sec. 1323, added subsec. (m).
1980 - Subsec. (e)(3). Pub. L. 96-249, Sec. 116, inserted "(in
part through the use of the information, if any, obtained under
subsections (h) and (i) of section 2025 of this title)" after
"section 2014(d) of this title" and "although the State agency may
verify prior to certification, whether questionable or not, the
size of any applicant household and any factors of eligibility
involving households that fall within the State agency's error-
prone household profiles as developed by the State agency from the
quality control program conducted under section 2025 of this title
and as approved by the Secretary" after "sections 2014 and 2015 of
this title,".
Subsec. (e)(4). Pub. L. 96-249, Sec. 113, inserted proviso that
the timeliness standards for submitting the notice of expiration
and filing an application for recertification may be modified by
the Secretary in light of sections 2014(f)(2) and 2015(c) of this
title if administratively necessary.
Subsec. (e)(17) to (19). Pub. L. 96-249, Secs. 117-119, added
pars. (17) to (19).
Subsec. (g). Pub. L. 96-249, Sec. 120, inserted ", upon
information received by the Secretary, investigation initiated by
the Secretary, or investigation that the Secretary shall initiate
upon receiving sufficient information evidencing a pattern of lack
of compliance by a State agency of a type specified in this
subsection," after "the Secretary determines", "without good cause"
after "to comply", "or the Secretary's standards for the efficient
and effective administration of the program established under
section 2025(b)(1) of this title" after "subsection (d) of this
section,", and ", and whether or not the Secretary refers such
matter to the Attorney General, the Secretary shall proceed to
withhold from the State such funds authorized under sections
2025(a) and (c) of this title as the Secretary determines to be
appropriate, subject to administrative and judicial review under
section 2023 of this title" after "relief shall issue".
Subsec. (i)(2). Pub. L. 96-249, Sec. 122, substituted "simple
application" for "simplified affidavit".
Subsec. (l). Pub. L. 96-249, Sec. 123, added subsec. (l).
1977 - Pub. L. 95-113 substituted revised provisions relating to
the administration of the program for provisions relating to the
disqualification of retail stores and wholesale concerns which are
now covered by section 2021 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-265 effective July 1, 2005, see section
502(b)(4) of Pub. L. 108-265, set out as an Effective Date note
under section 1754 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-171, title IV, Sec. 4114(b), May 13, 2002, 116 Stat.
314, provided that: "The amendments made by this section [amending
this section] take effect 18 months after the date of enactment of
this Act [May 13, 2002]."
Amendment by sections 4115(a) and 4116(a) of Pub. L. 107-171
effective Oct. 1, 2002, except as otherwise provided, see section
4405 of Pub. L. 107-171, set out as an Effective Date note under
section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-379, Sec. 1(c), Nov. 12, 1998, 112 Stat. 3399,
provided that: "This section [amending this section and enacting
provisions set out as a note below] and the amendments made by this
section take effect on June 1, 2000."
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1003(a)(3) of Pub. L. 105-33 provided that:
"(A) In general. - Except as provided in subparagraph (B), the
amendments made by this subsection [amending this section] shall
take effect on the date that is 1 year after the date of enactment
of this Act [Aug. 5, 1997].
"(B) Extension. - The Secretary of Agriculture may grant a State
an extension of time to comply with the amendments made by this
subsection, not to exceed beyond the date that is 2 years after the
date of enactment of this Act, if the chief executive officer of
the State submits a request for the extension to the Secretary -
"(i) stating the reasons why the State is not able to comply
with the amendments made by this subsection by the date that is 1
year after the date of enactment of this Act;
"(ii) providing evidence that the State is making a good faith
effort to comply with the amendments made by this subsection as
soon as practicable; and
"(iii) detailing a plan to bring the State into compliance with
the amendments made by this subsection as soon as practicable but
not later than the date of the requested extension."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-66 effective, and to be implemented
beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103-66,
set out as a note under section 2025 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237,
set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 1736(1), 1737, 1738, 1740, and 1741 of Pub.
L. 101-624 effective and implemented first day of month beginning
120 days after publication of implementing regulations to be
promulgated not later than Oct. 1, 1991, amendment by section
1736(2) of Pub. L. 101-624 effective and implemented first day of
month beginning 120 days after promulgation of implementing
regulations to be promulgated not later than Apr. 1, 1991, and
amendment by sections 1739 and 1763(b) of Pub. L. 101-624 effective
Nov. 28, 1990, see section 1781(a), (b)(2), (3) of Pub. L. 101-624,
set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-435 to be effective and implemented on
July 1, 1989, except that amendment by sections 204(a), 310, 311,
321(a), 322, 323, and 352 of Pub. L. 100-435 to become effective
and implemented on Oct. 1, 1989, if final order is issued under
section 902(b) of Title 2, The Congress, for fiscal year 1989
making reductions and sequestrations specified in the report
required under section 901(a)(3)(A) of Title 2, see section
701(b)(4), (c)(2) of Pub. L. 100-435, set out as a note under
section 2012 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 809(b) of Pub. L. 100-77 provided that: "The amendments
made by this section [amending this section] shall become effective
and be implemented as soon as the Secretary of Agriculture
determines is practicable after the date of enactment of this Act
[July 22, 1987], but not later than 160 days after the date of
enactment of this Act."
EFFECTIVE DATE OF 1985 AMENDMENT
Section 1531(a), (b) of Pub. L. 99-198 provided that the
amendments made by that section are effective Oct. 1, 1986.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective Apr. 1, 1985, unless a
waiver has been granted to a State to delay effective date but in
no event beyond Sept. 30, 1986, see section 2651(l)(2) of Pub. L.
98-369, set out as a note under section 1320b-7 of Title 42, The
Public Health and Welfare.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendments by sections 166 to 174, 189(b)(2), and 190(c)(1) of
Pub. L. 97-253 effective Sept. 8, 1982, see section 193(a) of Pub.
L. 97-253, set out as a note under section 2012 of this title.
Amendment by section 180(b)(1) of Pub. L. 97-253 effective Oct.
1, 1982, see section 193(b) of Pub. L. 97-253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Amendment by Pub. L. 97-35 effective on earlier of Sept. 8, 1982,
or date such amendment became effective pursuant to section 117 of
Pub. L. 97-35, set out as a note under section 2012 of this title,
see section 192(a) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982,
or date such amendment became effective pursuant to section 1338 of
Pub. L. 97-98, set out as a note under section 2012 of this title,
see section 192(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary
of Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a
note under section 2012 of this title.
Amendment by Pub. L. 97-35 effective and implemented upon such
dates as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section 117 of Pub. L.
97-35, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 1301 of Pub. L. 95-113 provided that the amendment made
by that section is effective Oct. 1, 1977.
REGULATIONS
Secretary of Agriculture to promulgate regulations necessary to
implement amendment of this section by Pub. L. 105-33, not later
than one year after Aug. 5, 1997, see Sec. 1005(a) of Pub. L. 105-
33 set out as a note under section 2015 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
REPORT
Pub. L. 105-379, Sec. 1(b), Nov. 12, 1998, 112 Stat. 3399,
provided that: "Not later than September 1, 2000, the Secretary of
Agriculture shall submit a report regarding the progress and
effectiveness of the cooperative arrangements entered into by State
agencies under section 11(r) of the Food Stamp Act of 1977 (7
U.S.C. 2020(r)) (as added by subsection (a)) to -
"(1) the Committee on Agriculture of the House of
Representatives;
"(2) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
"(3) the Committee on Ways and Means of the House of
Representatives;
"(4) the Committee on Finance of the Senate; and
"(5) the Secretary of the Treasury."
AUDIT OF SIMPLIFIED FOOD STAMP APPLICATION AT SOCIAL SECURITY
ADMINISTRATION OFFICES
Section 1742 of Pub. L. 101-624 directed Comptroller General to
conduct an audit of programs established under 7 U.S.C. 2020(i) and
(j) under which an applicant for or recipient of social security
benefits may make or be provided a simple application to
participate in the food stamp program at social security offices,
and, not later than Dec. 31, 1991, deliver a report on results of
study to Committee on Agriculture of House of Representatives,
Committee on Agriculture, Nutrition, and Forestry of Senate, and
Special Committee on Aging of Senate.
EX. ORD. NO. 12116. ISSUANCE OF FOOD STAMPS BY POSTAL SERVICE
Ex. Ord. No. 12116, Jan. 19, 1979, 44 F.R. 4647, provided:
By the authority vested in me as President of the United States
of America by Section 11(k) of the Food Stamp Act of 1977 (91 Stat.
974; 7 U.S.C. 2020(k)), the United States Postal Service is hereby
granted approval for post offices in all or part of any State to
issue food stamps to eligible households, upon request by the
appropriate State agency, as defined in Section 3(n) of the Food
Stamp Act of 1977 (91 Stat. 960; 7 U.S.C. 2012(n)).
Jimmy Carter.