7 U.S.C. § 2031 : US Code - Section 2031: Food stamp portion of Minnesota Family Investment Plan

Search 7 U.S.C. § 2031 : US Code - Section 2031: Food stamp portion of Minnesota Family Investment Plan

(a) In general
(1) Subject to paragraph (2), upon written application of the
State of Minnesota that complies with this section and sections 6
to 11, 13, 130, and 132 of article 5 of 282 of the 1989 Laws of
Minnesota, and after approval of such application by the Secretary
in accordance with subsections (b) and (d) of this section, the
State may implement a family investment demonstration project
(hereinafter in this section referred to as the "Project") in parts
of the State to determine whether the Project more effectively
helps families to become self-supporting and enhances their ability
to care for their children than do the food stamp program and
programs under parts A and F (!1) of title IV of the Social
Security Act [42 U.S.C. 601 et seq.]. The State may provide cash
payments under the Project, subject to paragraph (2), that replace
assistance otherwise available under the food stamp program and
under part A of title IV of the Social Security Act.
(2) The Project may be implemented only in accordance with this
section and only if the Secretary of Health and Human Services
approves an application submitted by the State permitting the State
to include in the Project families who are eligible to receive
benefits under part A of title IV of the Social Security Act.
(b) Required terms and conditions of Project
The application submitted by the State under subsection (a) of
this section shall provide an assurance that the Project shall
satisfy all of the following requirements:
(1) Only families may be eligible to receive assistance and
services through the Project.
(2) Participating families, families eligible for or
participating in the program authorized under part A of title IV
of the Social Security Act [42 U.S.C. 601 et seq.] or the food
stamp program that are assigned to and found eligible for the
Project, and families required to submit an application for the
Project that are found eligible for the Project shall be
ineligible to receive benefits under the food stamp program.
(3)(A) Subject to the provisions of this paragraph and any
reduction imposed under subsection (c)(3) of this section, the
value of assistance provided to participating families shall not
be less than the aggregate value of the assistance such families
could receive under the food stamp program and part A of title IV
of the Social Security Act if such families did not participate
in the Project.
(B) For purposes of satisfying the requirement specified in
subparagraph (A) - 
(i) payments for child care expenses under the Project shall
be considered part of the value of assistance provided to
participating families with earnings;
(ii) payments for child care expenses for families without
earnings shall not be considered part of the value of
assistance provided to participating families or the aggregate
value of assistance that such families could have received
under the food stamp program and part A of title IV of the
Social Security Act; and
(iii) any child support payments not assigned to the State
under the provisions of part A of title IV of the Social
Security Act, less $50 per month, shall be considered part of
the aggregate value of assistance participating families would
receive if such families did not participate in the Project;
(C) For purposes of satisfying the requirement specified in
subparagraph (A), the State shall - 
(i) identify the sets of characteristics indicative of
families that might receive less assistance under the Project;
(ii) establish a mechanism to determine, for each
participating family that has a set of characteristics
identified under clause (i) whether such family could receive
more assistance, in the aggregate, under the food stamp program
and part A of title IV of the Social Security Act if such
family did not participate in the project;
(iii) increase the amount of assistance provided under the
Project to any family that could receive more assistance, in
the aggregate, under the food stamp program and part A of title
IV of the Social Security Act if such family did not
participate in the Project, so that the assistance provided
under the Project to such family is not less than the aggregate
amount of assistance such family could receive under the food
stamp program and part A of title IV of the Social Security Act
if such family did not participate in the Project; and
(iv) increase the amount of assistance paid to participating
families, if the State or locality imposes a sales tax on food,
by the amount needed to compensate for the tax.
This subparagraph shall not be construed to require the State to
make the determination under clause (ii) for families that do not
have a set of characteristics identified under clause (i).
(D)(i) The State shall designate standardized amounts of
assistance provided as food assistance under the Project and
notify monthly each participating family of such designated
amount.
(ii) The amount of food assistance so designated shall be at
least the value of coupons such family could have received under
the food stamp program if the Project had not been implemented.
The provisions of this subparagraph shall not require that the
State make individual determinations as to the amount of
assistance under the Project designated as food assistance.
(iii) The State shall periodically allow participating families
the option to receive such food assistance in the form of
coupons.
(E)(i) Individuals ineligible for the Project who are members
of a household including a participating family shall have their
eligibility for the food stamp program determined and have their
benefits calculated and issued following the standards
established under the food stamp program, except as provided
differently in this subparagraph.
(ii) The State agency shall determine such individuals'
eligibility for benefits under the food stamp program and the
amount of such benefits without regard to the participating
family.
(iii) In computing such individuals' income for purposes of
determining eligibility (under section 2014(c)(1) of this title)
and benefits, the State agency shall apply the maximum excess
shelter expense deduction specified under section 2014(e) of this
title.
(iv) Such individuals' monthly allotment shall be the higher of
$10 or 75 percent of the amount calculated following the
standards of the food stamp program and the foregoing
requirements of this subparagraph, rounded to the nearest lower
whole dollar.
(4) The Project shall include education, employment, and
training services equivalent to those offered under the
employment and training program described in section 2015(d)(4)
of this title to families similar to participating families
elsewhere in the State.
(5) The State may select families for participation in the
Project through submission and approval of an application for
participation in the Project or by assigning to the Project
families that are determined eligible for or are participating in
the program authorized by part A of title IV of the Social
Security Act or the food stamp program.
(6) Whenever selection for participation in the Project is
accomplished through submission and approval of an application
for the Project - 
(A) the State shall promptly determine eligibility for the
Project, and issue assistance to eligible families, retroactive
to the date of application, not later than thirty days
following the family's filing of an application;
(B) in the case of families determined ineligible for the
Project upon application, the application for the Project shall
be deemed an application for the food stamp program, and
benefits under the food stamp program shall be issued to those
found eligible following the standards established under the
food stamp program;
(C) expedited benefits shall be provided under terms no more
restrictive than under paragraph (9) of section 2020(e) of this
title and the laws of Minnesota and shall include expedited
issuance of designated food assistance provided through the
Project or expedited benefits through the food stamp program;
(D) each individual who contacts the State in person during
office hours to make what may reasonably be interpreted as an
oral or written request to receive financial assistance shall
receive and shall be permitted to file an application form on
the same day such contact is first made;
(E) provision shall be made for telephone contact by, mail
delivery of forms to and mail return of forms by, and
subsequent home or telephone interview with, elderly
individuals, physically or mentally handicapped individuals,
and individuals otherwise unable to appear in person solely
because of transportation difficulties and similar hardships;
(F) a family may be represented by another person if the
other person has clearly been designated as the representative
of such family for that purpose and the representative is an
adult who is sufficiently aware of relevant circumstances,
except that the State may - 
(i) restrict the number of families who may be represented
by such person; and
(ii) otherwise establish criteria and verification
standards for representation under this subparagraph; and
(G) the State shall provide a method for reviewing
applications to participate in the Project submitted by, and
distributing assistance under the Project to, families that do
not reside in permanent dwellings or who have no fixed mailing
address.
(7) Whenever selection for participation in the Project is
accomplished by assigning families that are determined eligible
for or participating in the program authorized by part A of title
IV of the Social Security Act or the food stamp program - 
(A) the State shall provide eligible families assistance
under the Project no later than benefits would have been
provided following the standards established under the food
stamp program; and
(B) the State shall ensure that assistance under the Project
is provided so that there is no interruption in benefits for
families participating in the program under part A of title IV
of the Social Security Act or the food stamp program.
(8) Paragraphs (1)(B) and (8) of section 2020(e) of this title
shall apply with respect to applicants and participating families
in the same manner as such paragraphs apply with respect to
applicants and participants in the food stamp program.
(9) Assistance provided under the Project shall be reduced to
reflect the pro rata value of any coupons received under the food
stamp program for the same period.
(10)(A) The State shall provide each family or family member
whose participation in the Project ends and each family whose
participation is terminated with notice of the existence of the
food stamp program and the person or agency to contact for more
information.
(B)(i) Following the standards specified in subparagraph (C),
the State shall ensure that benefits under the food stamp program
are provided to participating families in case the Project is
terminated or to participating families or family members that
are determined ineligible for the Project because of income,
resources, or change in household composition, if such families
or individuals are determined eligible for the food stamp
program. Food coupons shall be issued to eligible families and
individuals described in this clause retroactive to the date of
termination from the Project; and
(ii) If sections 256.031 through 256.036 of the Minnesota
Statutes, 1989 Supplement, or Minnesota Laws 1989, chapter 282,
article 5, section 130, are amended to reduce or eliminate
benefits provided under those sections or restrict the rights of
Project applicants or participating families, the State shall
exclude from the Project applicants or participating families or
individuals affected by such amendments and follow the standards
specified in subparagraph (C), except that the State shall
continue to pay from State funds an amount equal to the food
assistance portion to such families and individuals until the
State determines eligibility or ineligibility for the food stamp
program or the family or individual has failed to supply the
needed additional information within ten days. Food coupons shall
be provided to families and individuals excluded from the Project
under this clause who are determined eligible for the food stamp
program retroactive to the date of the determination of
eligibility. The Secretary shall pay to the State the value of
the food coupons for which such families and individuals would
have been eligible in the absence of food assistance payments
under this clause from the date of termination from the Project
to the date food coupons are provided.
(C) Each family whose Project participation is terminated shall
be screened for potential eligibility for the food stamp program
and if the screening indicates potential eligibility, the family
or family member shall be given a specific request to supply all
additional information needed to determine such eligibility and
assistance in completing a signed food stamp program application
including provision of any relevant information obtained by the
State for purpose of the Project. If the family or family member
supplies such additional information within ten days after
receiving the request, the State shall, within five days after
the State receives such information, determine whether the family
or family member is eligible for the food stamp program. Each
family or family member who is determined through the screening
or otherwise to be ineligible for the food stamp program shall be
notified of that determination.
(11) Section 2020(e)(10) of this title shall apply with respect
to applicant and participating families in the same manner as
such paragraph applies with respect to applicants and
participants in the food stamp program, except that families
shall be given notice of any action for which a hearing is
available in a manner consistent with the notice requirements of
the regulations implementing sections 402(a)(4) and 482(h) (!1)
of the Social Security Act [42 U.S.C. 602(a)(4)].
(12) For each fiscal year, the Secretary shall not be liable
for any costs related to carrying out the Project in excess of
those that the Secretary would have been liable for had the
Project not been implemented, except for costs for evaluating the
Project, but shall adjust for the full amount of the federal
share of increases or decreases in costs that result from changes
in economic, demographic, and other conditions in the State based
on data specific to the State, changes in eligibility or benefit
levels authorized by this chapter, or changes in amounts of
Federal funds available to States and localities under the food
stamp program.
(13) The State shall carry out the food stamp program
throughout the State while the State carries out the Project.
(14)(A) Except as provided in subparagraph (B), the State will
carry out the Project during a five-year period beginning on the
date the first family receives assistance under the Project.
(B) The Project may be terminated - 
(i) by the State one hundred and eighty days after the State
gives notice to the Secretary that it intends to terminate the
Project;
(ii) by the Secretary one hundred and eighty days after the
Secretary, after notice and an opportunity for a hearing,
determines that the State materially failed to comply with this
section; or
(iii) whenever the State and the Secretary jointly agree to
terminate the Project.
(15) Not more than six thousand families may participate in the
Project simultaneously.
(c) Additional terms and conditions of Project
The Project shall be subject to the following additional terms
and conditions:
(1) The State may require any parent in a participating family
to participate in education, employment, or training requirements
unless the individual is a parent in a family with one parent who
- 
(A) is ill, incapacitated, or sixty years of age or older;
(B) is needed in the home because of the illness or
incapacity of another family member;
(C) is the parent of a child under one year of age and is
personally providing care for the child;
(D) is the parent of a child under six years of age and is
employed or participating in education or employment and
training services for twenty or more hours a week;
(E) works thirty or more hours a week or, if the number of
hours worked cannot be verified, earns at least the Federal
minimum hourly wage rate multiplied by thirty per week; or
(F) is in the second or third trimester of pregnancy.
(2) The State shall not require any parent of a child under six
years of age in a participating family with only one parent to be
employed or participate in education or employment and training
services for more than twenty hours a week.
(3) For any period during which an individual required to
participate in education, employment, or training requirements
fails to comply without good cause with a requirement imposed by
the State under paragraph (1), the amount of assistance to the
family under the Project may be reduced by an amount not more
than 10 percent of the assistance the family would be eligible
for with no income other than that from the Project.
(d) Funding
(1) If an application submitted under subsection (a) of this
section complies with the requirements specified in subsection (b)
of this section, then the Secretary shall - 
(A) approve such application; and
(B) subject to subsection (b)(12) of this section from the
funds appropriated under this chapter provide grant awards and
pay the State each calendar quarter for - 
(i) the cost of food assistance provided under the Project
equal to the amount that would have otherwise been issued in
the form of coupons under the food stamp program had the
Project not been implemented, as estimated under a methodology
satisfactory to the Secretary after negotiations with the
State; and
(ii) the administrative costs incurred by the State to
provide food assistance under the Project that are authorized
under subsections (a), (g), (h)(2), and (h)(3) of section 2025
of this title equal to the amount that otherwise would have
been paid under such subsections had the Project not been
implemented, as estimated under a methodology satisfactory to
the Secretary after negotiations with the State: Provided, That
payments made under subsection (g) of section 2025 of this
title shall equal payments that would have been made if the
Project had not been implemented.
(2) The Secretary shall periodically adjust payments made to the
State under paragraph (1) to reflect - 
(A) the cost of coupons issued to individuals ineligible for
the Project specified in subsection (b)(3)(E) of this section in
excess of the amount that would have been issued to such
individuals had the Project not been implemented, as estimated
under a methodology satisfactory to the Secretary after
negotiations with the State; and
(B) the cost of coupons issued to families exercising the
option specified in subsection (b)(3)(D)(iii) of this section in
excess of the amount that would have been issued to such
individuals had the Project not been implemented, as estimated
under a methodology satisfactory to the Secretary after
negotiations with the State.
(3) Payments under paragraph (1)(B) shall include adjustments, as
estimated under a methodology satisfactory to the Secretary after
negotiations with the State, for increases or decreases in the
costs of providing food assistance and associated administrative
costs that result from changes in economic, demographic, or other
conditions in the State based on data specific to the State,
changes in eligibility or benefit levels authorized by this
chapter, and changes in or additional amounts of Federal funds
available to States and localities under the food stamp program.
(e) Waiver
With respect to the Project, the Secretary shall waive compliance
with any requirement contained in this chapter (other than this
section) that, if applied, would prevent the State from carrying
out the Project or effectively achieving its purpose.
(f) Project audits
The Comptroller General of the United States shall - 
(1) conduct periodic audits of the operation of the Project to
verify the amounts payable to the State from time to time under
subsection (d) of this section; and
(2) submit to the Secretary, the Secretary of Health and Human
Services, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of each
such audit.
(g) Construction
(1) For purposes of any Federal, State, or local law other than
part A of title IV of the Social Security Act [42 U.S.C. 601 et
seq.] or this chapter - 
(A) cash assistance provided under the Project that is
designated as food assistance by the State shall be treated in
the same manner as coupon allotments under the food stamp program
are treated; and
(B) participating families shall be treated in the same manner
as participants in the food stamp program are treated.
(2) Nothing in this section shall - 
(A) allow payments made to the State under the Project to be
less than the amounts the State and eligible households within
the State would have received if the Project had not been
implemented; or
(B) require the Secretary to incur costs as a result of the
Project in excess of costs that would have been incurred if the
Project had not been implemented, except for costs for
evaluation.
(h) Quality control
Participating families shall be excluded from any sample taken
for purposes of making any determination under section 2025(c) of
this title. For purposes of establishing the total value of
allotments under section 2025(c)(1) of this title, food coupons and
the amount of federal liability for food assistance provided under
the Project as limited by subsection (b)(12) of this section shall
be treated as allotments issued under the food stamp program.
(i) Evaluation
(1) The State shall develop and implement a plan for an
independent evaluation designed to provide reliable information on
Project impacts and implementation. The evaluation will include
treatment and control groups and will include random assignment of
families to treatment and control groups in an urban setting. The
evaluation plan shall satisfy the evaluation concerns of the
Secretary of Agriculture such as effects on benefits to
participants, costs of the Project, payment accuracy,
administrative consequences, any reduction in welfare dependency,
any reduction in total assistance payments, and the consequences of
cash payments on household expenditures, and food consumption. The
evaluation plan shall take into consideration the evaluation
requirements and administrative obligations of the State. The
evaluation will measure the effects of the Project in regard to
goals of increasing family income, prevention of long-term
dependency, movement toward self-support, and simplification of the
welfare system.
(2) The State shall pay 50 percent of the cost of developing and
implementing such plan and the Federal Government shall pay the
remainder.
(j) Definitions
For purposes of this section, the following definitions apply:
(1) The term "family" means the following individuals who live
together: a minor child or a group of minor children related to
each other as siblings, half siblings, stepsiblings, or adopted
siblings, together with their natural or adoptive parents, or
their caregiver. Family also includes a pregnant woman in the
third trimester of pregnancy with no children.
(2) The term "contract" means a plan to help a family pursue
self-sufficiency, based on the State's assessment of the family's
needs and abilities and developed with a parental caregiver.
(3) The term "caregiver" means a minor child's natural or
adoptive parent or parents who live in the home with the minor
child. For purposes of determining eligibility for the Project,
"caregiver" also means any of the following individuals who live
with and provide care and support to a minor child when the minor
child's natural or adoptive parent or parents do not reside in
the same home: grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
first cousin, nephew, niece, persons of preceding generations as
denoted by prefixes of "great" or "great-great" or a spouse of
any person named in the above groups even after the marriage ends
by death or divorce.
(4) The term "State" means the State of Minnesota.