Notes on 7 U.S.C. § 2025 : US Code - Notes

Search Notes on 7 U.S.C. § 2025 : US Code - Notes

(Pub. L. 88-525, Sec. 16, Aug. 31, 1964, 78 Stat. 709; Pub. L. 90-
91 Secs. 1, 2, Sept. 27, 1967, 81 Stat. 228; Pub. L. 90-552, Oct.
8, 1968, 82 Stat. 958; Pub. L. 91-116, Nov. 13, 1969, 83 Stat. 191;
Pub. L. 91-671, Sec. 9, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 93-
86, Sec. 3(j), Aug. 10, 1973, 87 Stat. 248; Pub. L. 95-113, title
XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 976; Pub. L. 96-58, Secs.
4, 6, Aug. 14, 1979, 93 Stat. 391; Pub. L. 96-249, title I, Secs.
121, 125, 126, 128, 129, May 26, 1980, 94 Stat. 363, 364, 367; Pub.
L. 97-35, title I, Secs. 111(b), 114, Aug. 13, 1981, 95 Stat. 362,
363; Pub. L. 97-98, title XIII, Secs. 1325-1327, Dec. 22, 1981, 95
Stat. 1289; Pub. L. 97-253, title I, Secs. 179, 180(a), 189(b)(3),
(c), Sept. 8, 1982, 96 Stat. 782, 787; Pub. L. 99-198, title XV,
Secs. 1517(c), 1524, 1535(c)(1), 1537(a), 1539, Dec. 23, 1985, 99
Stat. 1577, 1580, 1585, 1588; Pub. L. 99-603, title I, Sec.
121(b)(5), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 100-77, title
VIII, Sec. 808(b), July 22, 1987, 101 Stat. 536; Pub. L. 100-435,
title II, Sec. 204(b), title III, Sec. 321(b), (c), title IV, Sec.
404(e), (g), title VI, Sec. 604, Sept. 19, 1988, 102 Stat. 1657,
1662, 1668, 1675; Pub. L. 101-624, title XVII, Secs. 1750, 1752(a),
1753, Nov. 28, 1990, 104 Stat. 3797, 3798; Pub. L. 102-237, title
IX, Sec. 941(7), Dec. 13, 1991, 105 Stat. 1892; Pub. L. 103-66,
title XIII, Secs. 13922(c), 13951(c), 13961, Aug. 10, 1993, 107
Stat. 675, 678, 679; Pub. L. 103-296, title I, Sec. 108(f)(2), Aug.
15, 1994, 108 Stat. 1487; Pub. L. 104-66, title I, Sec. 1011(j),
Dec. 21, 1995, 109 Stat. 710; Pub. L. 104-127, title IV, Sec.
401(b), Apr. 4, 1996, 110 Stat. 1026; Pub. L. 104-193, title I,
Sec. 109(c), title VIII, Secs. 817(b)-(d), 844(c), 847, 848(a),
(b)(2), 849, Aug. 22, 1996, 110 Stat. 2169, 2319, 2320, 2333-2335;
Pub. L. 105-33, title I, Sec. 1002(a), Aug. 5, 1997, 111 Stat. 252;
Pub. L. 105-185, title V, Secs. 501, 502(a), June 23, 1998, 112
Stat. 575; Pub. L. 106-78, title VII, Sec. 758, Oct. 22, 1999, 113
Stat. 1172; Pub. L. 107-171, title IV, Secs. 4118(a), 4119(a),
4120(a), 4121(a), (d), 4122(a), May 13, 2002, 116 Stat. 316, 321,
323, 324.)
REFERENCES IN TEXT                        
The Social Security Act, referred to in subsecs. (e), (g), and
(k), 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. Titles XVI, XIX, and XX of the Act are
classified generally to subchapters XVI (Sec. 1381 et seq.), XIX
(Sec. 1396 et seq.), and XX (Sec. 1397 et seq.), respectively, of
chapter 7 of Title 42. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
CODIFICATION                           
September 19, 1988, referred to in subsec. (d)(2), was in the
original "the date of enactment of this section", which was
translated as meaning the date of enactment of Pub. L. 100-435,
which enacted provisions of this section establishing the payment
error improvement system, as the probable intent of Congress.
AMENDMENTS                            
Subsec. (c). Pub. L. 107-171, Sec. 4118(a)(1), inserted heading.
Subsec. (c)(1). Pub. L. 107-171, Sec. 4118(a)(1), added par. (1)
and struck out former par. (1) which related to payment error
improvement system.
Subsec. (c)(4). Pub. L. 107-171, Sec. 4118(a)(2), inserted
heading and substituted "The Secretary may require a State agency
to report any factors that the Secretary considers necessary to
determine a State agency's payment error rate, liability amount or
new investment amount under paragraph (1), or performance under the
performance measures under subsection (d) of this section." for
"The Secretary may require a State agency to report any factors
that the Secretary considers necessary to determine a State
agency's payment error rate, enhanced administrative funding, or
claim for payment error, under this subsection."
Subsec. (c)(5). Pub. L. 107-171, Sec. 4118(a)(3), inserted
heading and substituted "To facilitate the implementation of this
subsection, each State agency shall expeditiously submit to the
Secretary data concerning the operations of the State agency in
each fiscal year sufficient for the Secretary to establish the
State agency's payment error rate, liability amount or new
investment amount under paragraph (1), or performance under the
performance measures under subsection (d) of this section." for "To
facilitate the implementation of this subsection each State agency
shall submit to the Secretary expeditiously data regarding its
operations in each fiscal year sufficient for the Secretary to
establish the payment error rate for the State agency for such
fiscal year and determine the amount of either incentive payments
under paragraph (1)(A) or claims under paragraph (1)(C). The
Secretary shall make a determination for a fiscal year, and notify
the State agency of such determination, within nine months
following the end of each fiscal year." and "paragraph (1) for a
fiscal year" for "paragraph (1)(C) for a fiscal year".
Subsec. (c)(6). Pub. L. 107-171, Sec. 4118(a)(4), inserted
heading, designated first sentence as subpar. (A), inserted
heading, struck out "and incentive payments or claims pursuant to
paragraphs (1)(A) and (1)(C)" after "State agencies of their error
rates", and substituted "paragraph (8)" for "paragraph (5)" in two
places, designated second sentence as subpar. (B) and inserted
heading, designated third sentence as subpar. (C), inserted
heading, and substituted "the liability amount of a State under
paragraph (1)(C)" for "the State share of the cost of payment error
under paragraph (1)(C)" and "paragraph (8)" for "paragraph (5)",
and added subpar. (D).
Subsec. (c)(7). Pub. L. 107-171, Sec. 4118(a)(5), inserted
heading, designated existing provisions as subpar. (A), inserted
heading, substituted "Except as provided in subparagraphs (B) and
(C), if the Secretary asserts a financial claim against or
establishes a liability amount with respect to" for "If the
Secretary asserts a financial claim against" and "paragraph (1)"
for "paragraph (1)(C)", and added subpars. (B) and (C).
Subsec. (c)(8)(A). Pub. L. 107-171, Sec. 4118(a)(6)(A),
substituted "paragraph (1)" for "paragraph (1)(C)".
Subsec. (c)(8)(B). Pub. L. 107-171, Sec. 4119(a)(1), substituted
"the first May 31 after the end of the fiscal year referred to in
subparagraph (A)" for "180 days after the end of the fiscal year".
Subsec. (c)(8)(C). Pub. L. 107-171, Sec. 4119(a)(2), substituted
"the first June 30 after the end of the fiscal year referred to in
subparagraph (A)" for "30 days thereafter" in introductory
provisions.
Subsec. (c)(8)(C)(i). Pub. L. 107-171, Sec. 4118(a)(6)(B)(i),
substituted "payment claimed against State agencies or liability
amount established with respect to State agencies;" for "payment
claimed against State agencies; and".
Subsec. (c)(8)(C)(ii). Pub. L. 107-171, Sec. 4118(a)(6)(B)(ii),
substituted "claims or liability amounts; and" for "claims."
Subsec. (c)(8)(C)(iii). Pub. L. 107-171, Sec. 4118(a)(6)(B)(iii),
added cl. (iii).
Subsec. (c)(8)(D), (H). Pub. L. 107-171, Sec. 4118(a)(6)(C),
inserted "or liability amount" after "claim" wherever appearing.
Subsec. (d). Pub. L. 107-171, Sec. 4120(a), added subsec. (d) and
struck out former subsec. (d) which read as follows: "The Secretary
shall undertake the following studies of the payment error
improvement system established under subsection (c) of this
section:
"(1) An assessment of the feasibility of measuring payment
errors due to improper denials and terminations of benefits or
otherwise developing performance standards with financial
consequences for improper denials and terminations, including
incorporation in subsection (c) of this section. The Secretary
shall report the results of such study and the recommendations of
the Secretary to the Congress by July 1, 1990.
"(2) An evaluation of the effectiveness of the system of
program improvement initiated under this section that shall be
reported to the Congress along with the Secretary's
recommendations no later than 3 years from September 19, 1988."
Subsec. (h)(1)(A)(vii). Pub. L. 107-171, Sec. 4121(a)(1), added
cl. (vii) and struck out former cl. (vii) which read as follows:
"for fiscal year 2002 - 
"(I) $90,000,000; and
"(II) an additional amount of $75,000,000."
Subsec. (h)(1)(B). Pub. L. 107-171, Sec. 4121(a)(2), added
subpar. (B) and struck out heading and text of former subpar. (B).
Text read as follows:
"(i) Allocation formula. - The Secretary shall allocate the
amounts reserved under subparagraph (A) among the State agencies
using a reasonable formula, as determined and adjusted by the
Secretary each fiscal year, to reflect - 
"(I) changes in each State's caseload (as defined in section
2015(o)(6)(A) of this title);
"(II) for fiscal year 1998, the portion of food stamp
recipients who reside in each State who are not eligible for an
exception under section 2015(o)(3) of this title; and
"(III) for each of fiscal years 1999 through 2002, the portion
of food stamp recipients who reside in each State who are not
eligible for an exception under section 2015(o)(3) of this title
and who - 
"(aa) do not reside in an area subject to a waiver granted by
the Secretary under section 2015(o)(4) of this title; or
"(bb) do reside in an area subject to a waiver granted by the
Secretary under section 2015(o)(4) of this title, if the State
agency provides employment and training services in the area to
food stamp recipients who are not eligible for an exception
under section 2015(o)(3) of this title.
"(ii) Estimated factors. - The Secretary shall estimate the
portion of food stamp recipients who reside in each State who are
not eligible for an exception under section 2015(o)(3) of this
title based on the survey conducted to carry out subsection (c) of
this section for fiscal year 1996 and such other factors as the
Secretary considers appropriate due to the timing and limitations
of the survey.
"(iii) Reporting requirement. - A State agency shall submit such
reports to the Secretary as the Secretary determines are necessary
to ensure compliance with this paragraph."
Subsec. (h)(1)(E) to (G). Pub. L. 107-171, Sec. 4121(a)(3), added
subpar. (E) and struck out heading and text of former subpars. (E)
to (G) which related to use of funds, maintenance of effort, and
component costs, respectively.
Subsec. (h)(3). Pub. L. 107-171, Sec. 4121(d), substituted "the
amount of the reimbursement for dependent care expenses shall not
exceed" for "such total amount shall not exceed an amount
representing $25 per participant per month for costs of
transportation and other actual costs (other than dependent care
costs) and".
Subsec. (k)(3)(A). Pub. L. 107-171, Sec. 4122(a)(1), substituted
"2007" for "2002".
Subsec. (k)(3)(B)(ii). Pub. L. 107-171, Sec. 4122(a)(2),
substituted "2007" for "2002".
1999 - Subsec. (a). Pub. L. 106-78, which directed the amendment
of "the Food Stamp Act (Public Law 95-113, section 16(a))" by
inserting "or in a Native village within the State of Alaska
identified in section 1610(b) of title 43." before "such amounts",
was executed by making the amendment to this section, which is
section 16(a) of the Food Stamp Act of 1977, Pub. L. 88-525, as
amended by Pub. L. 95-113, to reflect the probable intent of
Congress.
1998 - Subsec. (a). Pub. L. 105-185, Sec. 502(a)(1), substituted
"Subject to subsection (k) of this section, the Secretary" for "The
Secretary" in first sentence.
Subsec. (h)(1)(A)(iv)(II). Pub. L. 105-185, Sec. 501(1),
substituted "$31,000,000" for "$131,000,000".
Subsec. (h)(1)(A)(v)(II). Pub. L. 105-185, Sec. 501(2),
substituted "$86,000,000" for "$131,000,000".
Subsec. (k). Pub. L. 105-185, Sec. 502(a)(2), added subsec. (k).
1997 - Subsec. (h)(1). Pub. L. 105-33 added par. (1) and struck
out former par. (1) consisting of subpars. (A) to (D) requiring the
Secretary to reserve for allocation to State agencies specified
amounts for fiscal years 1996 to 2002 to carry out employment and
training programs.
1996 - Subsec. (a). Pub. L. 104-193, Secs. 844(c), 847, inserted
"but not including recruitment activities," before "(5) fair" and
substituted "35 percent of the value of all funds or allotments
recovered or collected pursuant to sections 2015(b) and 2022(c) of
this title and 20 percent of the value of any other funds or
allotments recovered or collected, except the value of funds or
allotments recovered or collected that arise" for "25 percent
during the period beginning October 1, 1990, and ending September
30, 1995, and 50 percent thereafter of the value of all funds or
allotments recovered or collected pursuant to subsections (b)(1)
and (c) of section 2022 of this title and 10 percent during the
period beginning October 1, 1990, and ending September 30, 1995,
and 25 percent thereafter of the value of all funds or allotments
recovered or collected pursuant to section 2022(b)(2) of this
title, except the value of funds or allotments recovered or
collected pursuant to section 2022(b)(2) of this title which
arise".
Subsec. (b). Pub. L. 104-193, Secs. 848(a), 849, added subsec.
(b) and struck out former subsec. (b) which read as follows: "The
Secretary shall (1) establish standards for the efficient and
effective administration of the food stamp program by the States,
including standards for the periodic review of the hours that food
stamp offices are open during the day, week, or month to ensure
that employed individuals are adequately served by the food stamp
program, and (2) instruct each State to submit, at regular
intervals, reports which shall specify the specific administrative
actions proposed to be taken and implemented in order to meet the
efficiency and effectiveness standards established pursuant to
clause (1) of this subsection."
Subsec. (c)(1)(B). Pub. L. 104-193, Sec. 848(b)(2), struck out
"pursuant to subsection (b) of this section" after "by the States".
Subsec. (g)(4). Pub. L. 104-193, Sec. 109(c), substituted "State
programs funded under part A of" for "State plans under the Aid to
Families with Dependent Children Program under".
Subsec. (h). Pub. L. 104-193, Sec. 817(b), inserted subsec.
heading.
Subsec. (h)(1). Pub. L. 104-193, Sec. 817(b), added par. (1) and
struck out former par. (1) which authorized Secretary to allocate
funds among State agencies for each of the fiscal years 1991
through 2002 to carry out employment and training program under
section 2015(d)(4) of this title.
Pub. L. 104-127, Sec. 401(b), substituted "2002" for "1995"
wherever appearing in subpars. (A), (B), (D), and (E)(ii).
Subsec. (h)(2). Pub. L. 104-193, Sec. 817(c), inserted before
period at end ", including the costs for case management and
casework to facilitate the transition from economic dependency to
self-sufficiency through work".
Subsec. (h)(5). Pub. L. 104-193, Sec. 817(d)(1), struck out "(A)"
before "The Secretary shall" and struck out subpar. (B) which read
as follows: "The Secretary shall, not later than January 1, 1989,
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on the effectiveness of such employment and
training programs."
Subsec. (h)(6). Pub. L. 104-193, Sec. 817(d)(2), struck out par.
(6) which read as follows: "The Secretary shall develop, and
transmit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a proposal for modifying the rate of
Federal payments under this subsection so as to reflect the
relative effectiveness of the various States in carrying out
employment and training programs under section 2015(d)(4) of this
title."
1995 - Subsec. (i)(3). Pub. L. 104-66 struck out par. (3) which
read as follows: "Not later than 12 months after December 23, 1985,
and each 12 months thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that lists project areas identified under paragraph (1) and
describes any procedures required to be carried out under paragraph
(2)."
1994 - Subsec. (e). Pub. L. 103-296 substituted "Commissioner of
Social Security" for "Secretary of Health and Human Services" in
two places.
1993 - Subsec. (a). Pub. L. 103-66, Sec. 13961(1), added cls. (6)
to (8) and in proviso struck out "authorized to pay each State
agency an amount not less than 75 per centum of the costs of State
food stamp program investigations and prosecutions, and is further"
after "That the Secretary is".
Subsec. (c)(1)(C). Pub. L. 103-66, Sec. 13951(c)(1), substituted
"national performance measure" for "payment error tolerance level"
and substituted "equal to - " followed by cl. (i) for "equal to its
payment error rate less such tolerance level times the total value
of allotments issued in such a fiscal year by such State agency."
Subsec. (c)(3)(A). Pub. L. 103-66, Sec. 13951(c)(2), substituted
"120 days" for "60 days (or 90 days at the discretion of the
Secretary)".
Subsec. (c)(6). Pub. L. 103-66, Sec. 13951(c)(3), struck out
"shall be used to establish a payment-error tolerance level. Such
tolerance level for any fiscal year will be one percentage point
added to the lowest national performance measure ever announced up
to and including such fiscal year under this section. The payment-
error tolerance level" after "The announced national performance
measure".
Subsec. (c)(8), (9). Pub. L. 103-66, Sec. 13951(c)(4), added
pars. (8) and (9).
Subsec. (g). Pub. L. 103-66, Sec. 13961(2), which directed the
substitution of "the amount provided under subsection (a)(6) of
this section for" for "an amount equal to 63 percent effective on
October 1, 1991, of", was executed to reflect the probable intent
of Congress by making the substitution for "an amount equal to - 
"63 percent effective on October 1, 1991, of".
Subsec. (h)(3). Pub. L. 103-66, Sec. 13922(c), substituted "equal
to the payment made under section 2015(d)(4)(I)(i)(II) of this
title but not more than the applicable local market rate," for
"representing $160 per month per dependent".
Subsecs. (j), (k). Pub. L. 103-66, Sec. 13961(3), (4),
redesignated subsec. (k) as (j) and struck out former subsec. (j)
which read as follows: "The Secretary is authorized to pay to each
State agency an amount equal to 100 per centum of the costs
incurred by the State agency in implementing and operating the
immigration status verification system described in section 1137(d)
of the Social Security Act."
1991 - Subsec. (g). Pub. L. 102-237, Sec. 941(7)(A), inserted a
comma after "1991".
Subsec. (h)(4). Pub. L. 102-237, Sec. 941(7)(B), substituted
"this chapter" for "the chapter".
1990 - Subsec. (a). Pub. L. 101-624, Sec. 1750, substituted "25
percent during the period beginning October 1, 1990, and ending
September 30, 1995, and 50 percent thereafter" for "50 per centum",
and "10 percent during the period beginning October 1, 1990, and
ending September 30, 1995, and 25 percent thereafter" for "25 per
centum".
Subsec. (g). Pub. L. 101-624, Sec. 1752(a), substituted "The" for
"Effective October 1, 1980, the" and "63 percent effective on
October 1, 1991" for "75 per centum".
Subsec. (h)(1). Pub. L. 101-624, Sec. 1753, amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "The
Secretary shall allocate among the State agencies in each fiscal
year, from funds appropriated for such fiscal year under section
2027(a)(1) of this title, the amount of $40,000,000 for the fiscal
year ending September 30, 1986, $50,000,000 for the fiscal year
ending September 30, 1987, $60,000,000 for the fiscal year ending
September 30, 1988, and $75,000,000 for each of the fiscal years
ending September 30, 1989 and September 30, 1990, to carry out the
employment and training program under section 2015(d)(4) of this
title, except as provided in paragraph (3), during such fiscal
year."
1988 - Subsec. (a)(4). Pub. L. 100-435, Sec. 204(b), substituted
", including those undertaken" for "permitted".
Subsec. (c). Pub. L. 100-435, Sec. 604(1), added subsec. (c) and
struck out former subsec. (c) which related to State incentives for
reducing error.
Subsec. (d). Pub. L. 100-435, Sec. 604(2), added subsec. (d) and
struck out former subsec. (d) which defined "payment error rate"
and instituted error rate reduction program.
Subsec. (h). Pub. L. 100-435, Sec. 321(c), redesignated subsec.
(h), relating to payment of costs of immigration status
verification system, as (j).
Subsec. (h)(3). Pub. L. 100-435, Sec. 404(g), inserted "for costs
of transportation and other actual costs (other than dependent care
costs) and an amount representing $160 per month per dependent"
after "month".
Subsec. (h)(6). Pub. L. 100-435, Sec. 404(e), added par. (6).
Subsec. (j). Pub. L. 100-435, Sec. 321(c), redesignated subsec.
(h), relating to payment of costs of immigration status
verification system, as (j).
Subsec. (k). Pub. L. 100-435, Sec. 321(b), added subsec. (k).
1987 - Subsec. (a). Pub. L. 100-77 substituted "(4) food stamp
informational activities permitted under section 2020(e)(1)(A) of
this title, and (5)" for "and (4)" in first sentence.
1986 - Subsec. (h). Pub. L. 99-603 added, at end of section,
subsec. (h) relating to payment of costs of immigration status
verification system.
1985 - Subsec. (a). Pub. L. 99-198, Sec. 1535(c)(1), substituted
"subsections (b)(1) and (c) of section 2022 of this title" for
"section 2022(b)(1) of this title".
Subsec. (b)(1). Pub. L. 99-198, Sec. 1524, inserted ", including
standards for the periodic review of the hours that food stamp
offices are open during the day, week, or month to ensure that
employed individuals are adequately served by the food stamp
program," after "States".
Subsec. (d)(2)(A). Pub. L. 99-198, Sec. 1537(a)(1), inserted
"less any amount payable as a result of the use by the State agency
of correctly processed information received from an automatic
information exchange system made available by any Federal
department or agency".
Subsec. (d)(6). Pub. L. 99-198, Sec. 1537(a)(2), added par. (6).
Subsec. (h). Pub. L. 99-198, Sec. 1517(c), added subsec. (h)
relating to authorization of appropriations, etc.
Subsec. (i). Pub. L. 99-198, Sec. 1539, added subsec. (i).
1982 - Subsec. (a). Pub. L. 97-253, Sec. 179, inserted ", except
the value of funds or allotments recovered or collected pursuant to
section 2022(b)(2) of this title which arise from an error of a
State agency".
Subsec. (c). Pub. L. 97-253, Sec. 180(a)(1), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "The
Secretary is authorized to adjust a State agency's federally funded
share of administrative costs pursuant to subsection (a) of this
section, other than the costs already shared in excess of 50 per
centum as described in the exception clause of subsection (a) of
this section, by increasing such share to (1) effective October 1,
1978, 60 per centum of all such administrative costs in the case of
a State agency whose (A) semiannual cumulative allotment error
rates with respect to eligibility, overissuance, and underissuance
as calculated in the quality control program undertaken pursuant to
subsection (d)(1) of this section are less than five per centum and
(B) whose rate of invalid decisions in denying eligibility as
calculated in the quality control program conducted under
subsection (d)(1) of this section is less than a nationwide
percentage that the Secretary determines to be reasonable; (2)
effective October 1, 1980, 65 per centum of all such administrative
costs in the case of a State agency meeting the standards contained
in paragraph (1) of this subsection; (3) effective October 1, 1980,
60 per centum of all such administrative costs in the case of a
State agency whose cumulative allotment error rate as determined
under paragraph (1)(A) of this subsection is greater than 5 per
centum but less than 8 per centum or the national standard payment
error rate for the base period, whichever is lower, and which also
meets the standard contained in paragraph (1)(B) of this
subsection; and (4) effective October 1, 1980, 55 per centum of all
such administrative costs in the case of a State agency whose
annual rate of error reduction is equal to or exceeds 25 per
centum, and, effective October 1, 1981, which also meets the
standard contained in paragraph (1)(B) of this subsection. No State
agency shall receive more than one of the increased federally
funded shares of administrative costs set forth in paragraphs (1)
through (4) of this subsection."
Subsec. (d). Pub. L. 97-253, Sec. 180(a)(2), (3), added subsec.
(d), and struck out former subsec. (d) which provided that
effective October 1, 1981, and annually thereafter, each State not
receiving an increased share of administrative costs pursuant to
subsec. (c)(2) of this section was required to develop and submit
to the Secretary for approval, as part of the plan of operation
required to be submitted under section 2020(d) of this title, a
quality control plan for the State which had to specify the actions
such State proposes to take in order to reduce the incidence of
error rates in and the value of food stamp allotments for
households which failed to meet basic program eligibility
requirements, food stamp allotments overissued to eligible
households, and food stamp allotments underissued to eligible
households, and (2) the incidence of invalid decisions in
certifying or denying eligibility.
Subsec. (e). Pub. L. 97-253, Secs. 180(a)(2), 189(b)(3),
redesignated subsec. (f) as (e), substituted reference to the
Secretary of Health and Human Services for former reference to the
Secretary of Health, Education, and Welfare. Former subsec. (e),
which defined "quality control" as the monitoring and reduction of
the rate of errors in determining basic eligibility and benefit
levels, was struck out.
Subsec. (f). Pub. L. 97-253, Secs. 180(a)(2), 189(c),
redesignated subsec. (h) as (f), substituted a period for the
semicolon, and struck out "and" at the end. Former subsec. (f)
redesignated (e).
Subsec. (g). Pub. L. 97-253, Sec. 180(a)(2), redesignated former
subsec. (i) as (g). Former subsec. (g), which related to State
liability for error under this section, was struck out.
Subsecs. (h), (i). Pub. L. 97-253, Sec. 180(a)(2), redesignated
subsecs. (h) and (i) as (f) and (g), respectively.
1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating
to recovery through section 2022(b)(1) and (2) of this title for
provisions relating to recovery through prosecutions or other State
activities, substituted "determinations of ineligibility" for
"determinations of fraud", struck out "(1) outreach," and
redesignated cls. (2) to (5) as (1) to (4), respectively.
Subsec. (b)(1). Pub. L. 97-98, Sec. 1325, struck out ",
including, but not limited to, staffing standards such as caseload
per certification worker limitations," after "by the States".
Subsec. (c). Pub. L. 97-98, Sec. 1326(1), inserted ", and,
effective October 1, 1981, which also meets the standard contained
in paragraph (1)(B) of this subsection" after "exceeds 25 per
centum".
Subsec. (d). Pub. L. 97-98, Sec. 1326(2), substituted in
provision preceding par. (1) "October 1, 1981" for "October 1,
1978" and "subsection (c)(2) of this section" for "subsection (c)
of this section".
Subsec. (f). Pub. L. 97-98, Sec. 1327, substituted "State
agencies shall" for "State agencies may".
1980 - Subsec. (b). Pub. L. 96-249, Sec. 121, struck out
provisions requiring that if the Secretary finds that a State has
failed without good cause to meet any of the Secretary's standards,
or has failed to carry out the approved State plan of operation
under section 2020(d) of this title, the Secretary withhold from
the State such funds authorized under subsections (a) and (c) of
this section as the Secretary determines to be appropriate.
Subsec. (c). Pub. L. 96-249, Sec. 125, designated existing
provisions as par. (1), substituted "(A) semiannual cumulative" for
"cumulative", and added subpar. (B) and pars. (2) to (4).
Subsec. (g). Pub. L. 96-249, Sec. 126, added subsec. (g).
Subsec. (h). Pub. L. 96-249, Sec. 128, added subsec. (h).
Subsec. (i). Pub. L. 96-249, Sec. 129, added subsec. (i).
1979 - Subsec. (a). Pub. L. 96-58, Sec. 6, authorized the
Secretary to permit each State to retain 50 per centum of the value
of all funds or allotments recovered or collected through
prosecutions or other State activities directed against individuals
who fraudulently obtain allotments as determined in accordance with
this chapter but directed that officials responsible for making
determinations of fraud under this chapter should not receive or
benefit from revenues retained by the State under the provisions of
this subsection.
Subsec. (f). Pub. L. 96-58, Sec. 4, added subsec. (f).
1977 - Pub. L. 95-113 substituted revised provisions relating to
administrative cost-sharing and quality control for provisions
authorizing appropriations and relating to the financial operation
of the program which are now covered by section 2027 of this title.
1973 - Subsec. (a). Pub. L. 93-86 extended authorization of
appropriations from June 30, 1973, to June 30, 1977, and inserted
provision relating to availability of appropriated sums.
1971 - Subsec. (a). Pub. L. 91-671 is substituted appropriation
authorization of "$1,750,000,000 for the fiscal year ending June
30, 1971; and for the fiscal years ending June 30, 1972 and June
30, 1973 such sums as the Congress may appropriate" for
"$170,000,000 for the six months ending December 31, 1970".
1969 - Subsec. (a). Pub. L. 91-116 increased appropriation
authorization limitation for fiscal year ending June 30, 1970, from
$340,000,000 to $610,000,000.
1968 - Subsec. (a). Pub. L. 90-552 increased appropriations
authorization limitation for fiscal year ending June 30, 1969, from
$225,000,000 to $315,000,000, authorized appropriations of
$340,000,000 and $170,000,000 for fiscal year ending June 30, 1970,
and for six months ending Dec. 31, 1970, substituted "fiscal
period" for "fiscal year", and provided for submission of reports
to Congress on or before January 20 of each year setting forth
operations under this chapter during preceding calendar year and
projecting needs for ensuing calendar year.
1967 - Subsec. (a). Pub. L. 90-91 provided for appropriations for
the fiscal years ending June 30, 1968 and 1969, and inserted
provision dealing with the carrying out of this chapter only with
funds appropriated from the general fund of the Treasury for the
purposes of this chapter.
EFFECTIVE DATE OF 2002 AMENDMENT                 
Amendment by section 4118(a) of Pub. L. 107-171 not applicable
with respect to any sanction, appeal, new investment agreement, or
other action by the Secretary of Agriculture or a State agency that
is based on a payment error rate calculated for any fiscal year
before fiscal year 2003, see section 4118(e) of Pub. L. 107-171,
set out as a note under section 2022 of this title.
Pub. L. 107-171, title IV, Sec. 4119(b), May 13, 2002, 116 Stat.
321, provided that: "The amendments made by this section [amending
this section] take effect on the date of enactment of this Act [May
13, 2002]."
Pub. L. 107-171, title IV, Sec. 4120(b), May 13, 2002, 116 Stat.
323, provided that: "The amendment made by this section [amending
this section] takes effect on the date of enactment of this Act
[May 13, 2002]."
Amendment by section 4121(a), (d) of Pub. L. 107-171 effective
May 13, 2002, see section 4121(e) of Pub. L. 107-171, set out as a
note under section 2015 of this title.
Amendment by section 4122(a) of Pub. L. 107-171 effective Oct. 1,
2002, except as otherwise provided, see section 4405 of Pub. L. 107-
171, set out as an Effective Date note under section 1161 of Title
2, The Congress.
EFFECTIVE DATE OF 1999 AMENDMENT                 
Pub. L. 106-78, title VII, Sec. 758, Oct. 22, 1999, 113 Stat.
1172, provided that the amendment made by section 758 is effective
beginning in fiscal year 2001 and thereafter.
EFFECTIVE DATE OF 1998 AMENDMENT                 
Pub. L. 105-185, title V, Sec. 510(a), June 23, 1998, 112 Stat.
580, provided that: "The amendments made by sections 501 and 502
[amending this section] take effect on the date of enactment of
this Act [June 23, 1998]."
EFFECTIVE DATE OF 1997 AMENDMENT                 
Amendment by Pub. L. 105-33 effective Oct. 1, 1997, without
regard to whether regulations have been promulgated to implement
such amendment, see section 1005(b) of Pub. L. 105-33, set out as a
note under section 2015 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by section 109(c) of Pub. L. 104-193 effective July 1,
1997, with transition rules relating to State options to accelerate
such date, rules relating to claims, actions, and proceedings
commenced before such date, rules relating to closing out of
accounts for terminated or substantially modified programs and
continuance in office of Assistant Secretary for Family Support,
and provisions relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104-193, as amended, set out as
an Effective Date note under section 601 of Title 42, The Public
Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT                 
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT                 
Section 13971 of Pub. L. 103-66 provided that:
"(a) General Effective Date and Implementation. - Except as
provided in subsection (b), this chapter [chapter 3 (Secs. 13901-
13971) of title XIII of Pub. L. 103-66, amending this section and
sections 2012, 2014, 2015, 2017, 2020 to 2023, 2026, and 2028 of
this title, and enacting provisions set out as a note under section
2011 of this title] and the amendments made by this chapter shall
take effect, and shall be implemented beginning on, October 1,
1993.
"(b) Special Effective Dates and Implementation. - (1)(A) Except
as provided in subparagraph (B), section 13951 [amending this
section and sections 2022 and 2023 of this title] shall take effect
on October 1, 1991.
"(B) The amendment made by section 13951(c)(2) [amending this
section] shall take effect on October 1, 1992.
"(2)(A) Except as provided in subparagraph (B), the amendments
made by section 13961 [amending this section] shall be effective
with respect to calendar quarters beginning on or after April 1,
1994.
"(B) In the case of a State whose legislature meets biennially,
and does not have a regular session scheduled in calendar year
1994, and that demonstrates to the satisfaction of the Secretary of
Agriculture that there is no mechanism, under the constitution and
laws of the State, for appropriating the additional funds required
by the amendments made by this section before the next such regular
legislative session, the Secretary may delay the effective date of
all or part of the amendments made by section 13961 [amending this
section] until the beginning date of a calendar quarter that is not
later than the first calendar quarter beginning after the close of
the first regular session of the State legislature after the date
of enactment of this Act [Aug. 10, 1993].
"(3) Sections 13912(a) and 13912(b)(1) [amending section 2014 of
this title] shall take effect, and shall be implemented beginning
on, July 1, 1994.
"(4) Sections 13911, 13913, 13914, 13915, 13916, 13922, 13924,
13931, 13932, and 13942 [amending this section and sections 2012,
2014, 2015, and 2017 of this title] shall take effect, and shall be
implemented beginning on, September 1, 1994.
"(5)(A) Except as provided in subparagraph (B), section 13921
[amending section 2014 of this title] shall take effect, and shall
be implemented beginning on, September 1, 1994.
"(B) State agencies shall implement the amendment made by section
13921 not later than October 1, 1995.
"(6) Section 13912(b)(2) [amending section 2014 of this title]
shall take effect, and shall be implemented beginning on, January
1, 1997."
EFFECTIVE DATE OF 1991 AMENDMENT                 
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237,
set out as a note under section 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by section 1750 of Pub. L. 101-624 effective Oct. 1,
1990, amendment by section 1752(a) of Pub. L. 101-624 effective and
implemented first day of month beginning 120 days after publication
of implementing regulations to be promulgated not later than Oct.
1, 1991, and amendment by section 1753 of Pub. L. 101-624 effective
Nov. 28, 1990, see section 1781(a), (b)(1), (2) of Pub. L. 101-624,
set out as a note under section 2012 of this title.
Section 1752(b) of Pub. L. 101-624 provided that: "The amendment
made by subsection (a)(2) [amending this section] shall not apply
to proposals for automatic data processing and information
retrieval systems under section 16(g) of the Food Stamp Act of 1977
[subsec. (g) of this section] that were approved by the Secretary
of Agriculture prior to the date of enactment of this Act [Nov. 28,
1990]."
EFFECTIVE DATE OF 1988 AMENDMENT                 
Amendment by sections 204(b), 321(b), and 404(e) of Pub. L. 100-
435 to be effective and implemented on July 1, 1989, amendment by
section 321(c) of Pub. L. 100-435 to be effective and implemented
on Sept. 19, 1988, amendment by section 404(g) of Pub. L. 100-435
to be effective and implemented on Oct. 1, 1988, and amendment by
section 604 of Pub. L. 100-435 effective Oct. 1, 1985, with respect
to claims under subsec. (c) of this section for quality control
review periods after such date, except as otherwise provided,
except that amendment by sections 204(b), 321(b), (c), 404(e), (g)
of Pub. L. 100-435 to become effective and implemented on Oct. 1,
1989, if final order is issued under section 902(b) of Title 2, The
Congress, for fiscal year 1989 making reductions and sequestrations
specified in the report required under section 901(a)(3)(A) of
Title 2, see section 701(a), (b)(1), (4), (5), (c)(2) of Pub. L.
100-435, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT                 
Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section
121(c)(2) of Pub. L. 99-603, set out as a note under section 502 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1985 AMENDMENT                 
Section 1537(a) of Pub. L. 99-198 provided that the amendment
made by that section is effective with respect to the fiscal year
beginning Oct. 1, 1985, and each fiscal year thereafter.
EFFECTIVE DATE OF 1982 AMENDMENT                 
Amendment by section 179 of Pub. L. 97-253 effective Sept. 8,
1982, see section 193(a) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Enactment by section 180(a) of Pub. L. 97-253 effective Oct. 1,
1982, see section 193(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS                 
Amendment by Pub. L. 97-35 effective on earlier of Sept. 8, 1982,
or date such amendment became effective pursuant to section 117 of
Pub. L. 97-35, set out as a note under section 2012 of this title,
see section 192(a) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982,
or date such amendment became effective pursuant to section 1338 of
Pub. L. 97-98, set out as a note under section 2012 of this title,
see section 192(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary
of Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a
note under section 2012 of this title.
Amendment by Pub. L. 97-35 effective and implemented upon such
dates as Secretary of Agriculture may prescribe, taking into
account need for orderly implementation, see section 117 of Pub. L.
97-35, set out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT                 
Secretary of Agriculture to issue final regulations implementing
the amendment of this section by Pub. L. 96-58 within 150 days
after Aug. 14, 1979, see section 10(b) of Pub. L. 96-58, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT                 
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 section 1005(a) of Pub. L.
105-33, set out as a note under section 2015 of this title.
CARRYOVER FUNDS                          
Pub. L. 107-171, title IV, Sec. 4121(b), May 13, 2002, 116 Stat.
323, provided that: "Notwithstanding any other provision of law,
funds provided under section 16(h)(1)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2025(h)(1)(A)) for any fiscal year before fiscal
year 2002 shall be rescinded on the date of enactment of this Act
[May 13, 2002], unless obligated by a State agency before that
date."
REVIEW OF METHODOLOGY USED TO MAKE CERTAIN DETERMINATIONS     
Pub. L. 105-185, title V, Sec. 502(b), June 23, 1998, 112 Stat.
578, provided that: "Not later than 1 year after the date of
enactment [June 23, 1998], the Comptroller General of the United
States shall - 
"(1) review the adequacy of the methodology used in making the
determinations required under section 16(k)(2)(B) of the Food
Stamp Act of 1977 [7 U.S.C. 2025(k)(2)(B)] (as added by
subsection (a)(2)); and
"(2) submit a written report on the results of the review to
the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate."
REPORT TO CONGRESS                        
Section 1002(b) of Pub. L. 105-33 provided that: "Not later than
30 months after the date of enactment of this Act [Aug. 5, 1997],
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
regarding whether the amounts made available under section
16(h)(1)(A) of the Food Stamp Act of 1977 [7 U.S.C. 2025(h)(1)(A)]
(as a result of the amendment made by subsection (a)) have been
used by State agencies to increase the number of work slots for
recipients subject to section 6(o) of the Food Stamp Act of 1977 (7
U.S.C. 2015(o)) in employment and training programs and workfare in
the most efficient and effective manner practicable."
QUALITY CONTROL SANCTIONS                     
Section 1751 of Pub. L. 101-624 provided that:
"(a) In General. - No disallowance or other similar action shall
be applied to or collected from any State for any of the fiscal
years 1983, 1984, or 1985 under section 16(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2025(c)) or any predecessor statutory or
regulatory provision relating to disallowances or other similar
actions for erroneous issuances made in carrying out a State plan
under such Act [7 U.S.C. 2011 et seq.], except for amounts to be
paid or collected after the date of enactment of this Act [Nov. 28,
1990] pursuant to settlement agreements which do not provide for
payment adjustments based on future changes in law.
"(b) Application. - Subsection (a) shall also apply to
disallowances described in subsection (a) with respect to which an
administrative or judicial appeal is pending on the date of
enactment of this Act [Nov. 28, 1990], including any such
disallowance that has been collected before such date."
QUALITY CONTROL STUDIES AND PENALTY MORATORIUM          
Section 1538 of Pub. L. 99-198, as amended by Pub. L. 99-260,
Sec. 12, Mar. 20, 1986, 100 Stat. 52, provided that:
"(a)(1)(A) The Secretary of Agriculture (hereinafter referred to
in this section as the 'Secretary') shall conduct a study of the
quality control system used for the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
"(B) The study shall - 
"(i) examine how best to operate such system in order to obtain
information that will allow the State agencies to improve the
quality of administration; and
"(ii) provide reasonable data on the basis of which Federal
funding may be withheld for State agencies with excessive levels
of erroneous payments.
"(2)(A) The Secretary shall also contract with the National
Academy of Sciences to conduct a concurrent independent study for
the purpose described in paragraph (1).
"(B) For purposes of such study, the Secretary shall provide to
the National Academy of Sciences any relevant data available to the
Secretary at the onset of the study and on an ongoing basis.
"(3) Not later than 1 year after the date the Secretary and the
National Academy of Sciences enter into the contract required under
paragraph (2), the Secretary and the National Academy of Sciences
shall report the results of their respective studies to the
Congress.
"(b)(1) During the 6-month period beginning on the date of
enactment of this Act [Dec. 23, 1985] (hereinafter in this section
referred to as the 'moratorium period'), the Secretary shall not
impose any reductions in payments to State agencies pursuant to
section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025).
"(2) During the moratorium period, the Secretary and the State
agencies shall continue to - 
"(A) operate the quality control systems in effect under the
Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; and
"(B) calculate error rates under section 16 of such Act [7
U.S.C. 2025].
"(c)(1) Not later than 6 months after the date on which the
results of both studies required under subsection (a)(3) have been
reported, the Secretary shall publish regulations that shall - 
"(A) restructure the quality control system used under the Food
Stamp Act of 1977 [7 U.S.C. 2011 et seq.] to the extent the
Secretary determines to be appropriate, taking into account the
studies conducted under subsection (a); and
"(B) establish, taking into account the studies conducted under
subsection (a), criteria for adjusting the reductions that shall
be made for quarters prior to the implementation of the
restructured quality control system so as to eliminate reductions
for those quarters that would not be required if the restructured
quality control system had been in effect during those quarters.
"(2) Beginning 6 months after the date on which the results of
both studies required under subsection (a)(3) have been reported,
the Secretary shall - 
"(A) implement the restructured quality control system; and
"(B) reduce payments to State agencies - 
"(i) for quarters after implementation of such system in
accordance with the restructured quality control system; and
"(ii) for quarters before implementation of such system, as
provided under the regulations described in paragraph (1)(B)."
(!1) So in original. The period probably should not appear.