Notes on 7 U.S.C. § 2028 : US Code - Notes

Search Notes on 7 U.S.C. § 2028 : US Code - Notes

(Pub. L. 88-525, Sec. 19, as added Pub. L. 97-35, title I, Sec.
116(a)(2), Aug. 13, 1981, 95 Stat. 364; amended Pub. L. 97-253,
title I, Sec. 184(a), Sept. 8, 1982, 96 Stat. 785; Pub. L. 98-204,
Sec. 1, Dec. 2, 1983, 97 Stat. 1385; Pub. L. 99-114, Sec. 2, Oct.
1, 1985, 99 Stat. 488; Pub. L. 99-157, Sec. 3, Nov. 15, 1985, 99
Stat. 818; Pub. L. 99-182, Sec. 3, Dec. 13, 1985, 99 Stat. 1173;
Pub. L. 99-198, title XV, Sec. 1543, Dec. 23, 1985, 99 Stat. 1589;
Pub. L. 101-624, title XVII, Sec. 1762(b), Nov. 28, 1990, 104 Stat.
3804; Pub. L. 102-237, title IX, Sec. 941(9), Dec. 13, 1991, 105
Stat. 1893; Pub. L. 103-66, title XIII, Sec. 13917, Aug. 10, 1993,
107 Stat. 674; Pub. L. 104-127, title IV, Sec. 401(f), Apr. 4,
1996, 110 Stat. 1026; Pub. L. 106-387, Sec. 1(a) [title VIII, Sec.
821], Oct. 28, 2000, 114 Stat. 1549, 1549A-59; Pub. L. 107-171,
title IV, Sec. 4124(a), May 13, 2002, 116 Stat. 324.)
AMENDMENTS                            
2002 - Pub. L. 107-171, Sec. 4124(a)(1), substituted
"Consolidated block grants for Puerto Rico and American Samoa" for
"Puerto Rico block grant" in section catchline.
Subsec. (a). Pub. L. 107-171, Sec. 4124(a)(1), inserted heading,
added pars. (1) and (2), redesignated former par. (2) as (3) and
inserted heading, and struck out former par. (1) which read as
follows:
"(1)(A) From the sums appropriated under this chapter, the
Secretary shall, subject to the provisions of this section, pay to
the Commonwealth of Puerto Rico - 
"(i) for fiscal year 2000, $1,268,000,000;
"(ii) for fiscal year 2001, the amount required to be paid
under clause (i) for fiscal year 2000, as adjusted by the change
in the Food at Home series of the Consumer Price Index for All
Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor, for the most recent 12-month period
ending in June; and
"(iii) for fiscal year 2002, the amount required to be paid
under clause (ii) for fiscal year 2001, as adjusted by the
percentage by which the thrifty food plan is adjusted for fiscal
year 2002 under section 2012(o)(4) of this title;
to finance 100 percent of the expenditures for food assistance
provided to needy persons and 50 percent of the administrative
expenses related to the provision of the assistance.
"(B) The payments to the Commonwealth for any fiscal year shall
not exceed the expenditures by that jurisdiction during that year
for the provision of the assistance the provision of which is
included in the plan of the Commonwealth approved under subsection
(b) of this section and 50 per centum of the related administrative
expenses."
Subsec. (b). Pub. L. 107-171, Sec. 4124(a)(2), substituted
"subsection (a)(2)(B) of this section" for "subsection (a)(1)(A) of
this section" wherever appearing.
Subsec. (c). Pub. L. 107-171, Sec. 4124(a)(3), substituted
"subsection (a)(2)(A) of this section" for "subsection (a)(1)(A) of
this section" in two places.
2000 - Subsec. (a)(1)(A). Pub. L. 106-387 substituted "Puerto
Rico - " and cls. (i) to (iii) for "Puerto Rico $1,143,000,000 for
fiscal year 1996, $1,174,000,000 for fiscal year 1997,
$1,204,000,000 for fiscal year 1998, $1,236,000,000 for fiscal year
1999, $1,268,000,000 for fiscal year 2000, $1,301,000,000 for
fiscal year 2001, and $1,335,000,000 for fiscal year 2002,".
1996 - Subsec. (a)(1)(A). Pub. L. 104-127 substituted
"$1,143,000,000 for fiscal year 1996, $1,174,000,000 for fiscal
year 1997, $1,204,000,000 for fiscal year 1998, $1,236,000,000 for
fiscal year 1999, $1,268,000,000 for fiscal year 2000,
$1,301,000,000 for fiscal year 2001, and $1,335,000,000 for fiscal
year 2002" for "$974,000,000 for fiscal year 1991, $1,013,000,000
for fiscal year 1992, $1,051,000,000 for fiscal year 1993,
$1,097,000,000 for fiscal year 1994, and $1,143,000,000 for fiscal
year 1995".
1993 - Subsec. (a)(1)(A). Pub. L. 103-66 substituted
"$1,097,000,000" for "$1,091,000,000" and "$1,143,000,000" for
"$1,133,000,000".
1991 - Subsec. (b)(1)(A)(i). Pub. L. 102-237 struck out a period
after "directly".
1990 - Subsec. (a)(1)(A). Pub. L. 101-624 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "From
the sums appropriated under this chapter the Secretary shall,
subject to the provisions of this subsection and subsection (b) of
this section, pay to the Commonwealth of Puerto Rico not to exceed
$825,000,000 for the fiscal year ending September 30, 1986,
$852,750,000 for the fiscal year ending September 30, 1987,
$879,750,000 for the fiscal year ending September 30, 1988,
$908,250,000 for the fiscal year ending September 30, 1989, and
$936,750,000 for the fiscal year ending September 30, 1990, to
finance 100 per centum of the expenditures for food assistance
provided to needy persons, and 50 per centum of the administrative
expenses related to the provision of such assistance."
1985 - Subsec. (a)(1)(A). Pub. L. 99-198, Sec. 1543(1), (2),
substituted "for the fiscal year ending September 30, 1986,
$852,750,000 for the fiscal year ending September 30, 1987,
$879,750,000 for the fiscal year ending September 30, 1988,
$908,250,000 for the fiscal year ending September 30, 1989, and
$936,750,000 for the fiscal year ending September 30, 1990," for
"for each fiscal year" and struck out "noncash" after "100 per
centum of the expenditures for".
Pub. L. 99-114, Pub. L. 99-157, and Pub. L. 99-182, made
identical amendments which temporarily struck out "noncash" after
"100 per centum of the expenditures for", for specified periods of
time. See Effective and Termination Dates of 1985 Amendments note
below.
Subsec. (b)(1)(A)(i). Pub. L. 99-198, Sec. 1543(3), substituted
"the agency or agencies directly." for "a single agency which shall
be".
1983 - Subsec. (a)(1)(A). Pub. L. 98-204 temporarily struck out
"noncash" after "100 per centum of the expenditures for". See
Effective and Termination Dates of 1983 Amendment note below.
1982 - Subsec. (a)(1)(A). Pub. L. 97-253 substituted "the
expenditures for noncash food assistance" for "the expenditures for
food assistance".
EFFECTIVE DATE OF 2002 AMENDMENT                 
Pub. L. 107-171, title IV, Sec. 4124(c), (d), May 13, 2002, 116
Stat. 326, provided that:
"(c) Applicability. - 
"(1) In general. - Except as provided in paragraph (2), the
amendments made by this section [amending this section and
repealing section 2033 of this title] apply beginning on October
1, 2002.
"(2) Exceptions. - Subparagraphs (B)(ii) and (D) of section
19(a)(2) of the Food Stamp Act of 1977 [7 U.S.C. 2028(a)(2)] (as
amended by subsection (a)(1)) apply beginning on the date of
enactment of this Act [May 13, 2002].
"(d) Effective Date. - The amendments made by this section
[amending this section and repealing section 2033 of this title]
take effect on the date of enactment of this Act [May 13, 2002]."
EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENTS        
Section 3 of Pub. L. 99-182 provided that the amendment made by
that section is effective for the period beginning Dec. 14, 1985,
and ending Dec. 31, 1985.
Section 3 of Pub. L. 99-157 provided that the amendment made by
that section is effective for the period beginning Nov. 16, 1985,
and ending Dec. 13, 1985.
Section 2 of Pub. L. 99-114 provided that the amendment made by
that section is effective for the period beginning Oct. 1, 1985,
and ending Nov. 15, 1985.
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 Pub. L. 101-624 effective Oct. 1, 1990, see section
1781(b)(1) of Pub. L. 101-624, set out as a note under section 2012
of this title.
EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENT         
Section 1 of Pub. L. 98-204 provided that the amendment made by
that section is effective for the period beginning Jan. 1, 1984,
and ending Sept. 30, 1985.
EFFECTIVE DATE OF 1982 AMENDMENT                 
Amendment by Pub. L. 97-253 effective Sept. 8, 1982, see section
193(a) of Pub. L. 97-253, set out as a note under section 2012 of
this title.
Section 184(b) of Pub. L. 97-253, as amended by Pub. L. 98-107,
Sec. 101(b), Oct. 1, 1983, 97 Stat. 734, provided that: "The
amendment made by subsection (a) [amending this section] shall not
apply with respect to any plan submitted under section 19(b) of the
Food Stamp Act of 1977 (7 U.S.C. 2028(b)) [subsec. (b) of this
section] by the Commonwealth of Puerto Rico in order to receive
payments for the fiscal year ending September 30, 1982, or the
fiscal year ending September 30, 1983, or for the first three
months of the fiscal year ending September 30, 1984."
EFFECTIVE DATE                          
Section 116(a) of Pub. L. 97-35 provided that this section is
effective July 1, 1982.
NUTRITION ASSISTANCE PROGRAM IN PUERTO RICO            
Section 1762(a) of Pub. L. 101-624 provided that: "It is the
policy of Congress that citizens of the United States who reside in
the Commonwealth of Puerto Rico should be safeguarded against
hunger and treated on an equitable and fair basis with other
citizens under Federal nutritional programs."
NUTRITIONAL NEEDS OF PUERTO RICANS; STUDY AND REPORT TO CONGRESS 
Section 1762(c), (d) of Pub. L. 101-624 provided that:
"(c) Study of Nutritional Needs of Puerto Ricans. - The
Comptroller General of the United States shall conduct a study of -

"(1) the nutritional needs of the citizens of the Commonwealth
of Puerto Rico, including - 
"(A) the adequacy of the nutritional level of the diets of
members of households receiving assistance under the nutrition
assistance program and other households not currently receiving
the assistance;
"(B) the incidence of inadequate nutrition among children and
the elderly residing in the Commonwealth;
"(C) the nutritional impact of restoring the level of
nutritional assistance provided to households in the
Commonwealth to the level of the assistance provided to other
households in the United States; and
"(D) such other factors as the Comptroller General considers
appropriate; and
"(2) the potential alternative means of providing nutritional
assistance in the Commonwealth of Puerto Rico, including - 
"(A) the impact of restoring the Commonwealth to the food
stamp program;
"(B) increasing the benefits provided under the nutrition
assistance program to the aggregate value of food stamp coupons
that would be distributed to households in the Commonwealth if
the Commonwealth were to participate in the food stamp program;
and
"(C) the usefulness of adjustments to standards of
eligibility and other factors appropriate to the circumstances
of the Commonwealth comparable to those adjustments made under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for Alaska,
Hawaii, Guam, and the Virgin Islands of the United States.
"(d) Report of Findings. - Not later than August 1, 1992, the
Comptroller General shall submit a final report on the findings of
the study required under subsection (c) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate."
STUDY OF FOOD ASSISTANCE PROGRAM IN PUERTO RICO; REPORT TO CONGRESS
BY MARCH 1, 1985
Section 2 of Pub. L. 98-204 provided that: "The Secretary of
Agriculture shall conduct a study of the food assistance program in
Puerto Rico carried out under section 19 of the Food Stamp Act of
1977 (7 U.S.C. 2028) which shall include (1) an assessment of its
impact on the adequacy of the nutritional level of the diets of
households receiving food assistance in the form of cash rather
than in a noncash form, (2) an assessment of the expenditure levels
for food of such households, and (3) any other factors the
Secretary considers appropriate. The Secretary shall submit a final
report of the findings of the study to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate no later than March 1, 1985."
AMOUNT PAYABLE TO THE COMMONWEALTH OF PUERTO RICO FOR FISCAL YEAR
1982; PLANS TO BE SUBMITTED TO THE SECRETARY FOR GRANTS FOR FISCAL
YEARS 1982 AND 1983
Section 116(b) of Pub. L. 97-35 provided that: "Notwithstanding
the provisions of section 19 of the Food Stamp Act of 1977 [this
section], as added by this section - 
"(1) the amount payable to the Commonwealth of Puerto Rico
under section 19 for fiscal year 1982 shall be $206,500,000, and
the Secretary of Agriculture is authorized to grant such waivers
of the requirements imposed by that section with respect to that
fiscal year as the Secretary determines appropriate to carry out
the purposes of that section; and
"(2) in order to receive the amounts payable under this
subsection or section 19 for fiscal years 1982 and 1983, the
Commonwealth shall submit, for the Secretary's approval, the plan
required by the provisions of subsection (b) of section 19 by
April 1, 1982."