§ 2017. — Value of allotment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2017]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2017. Value of allotment
(a) Calculation
The value of the allotment which State agencies shall be authorized
to issue to any households certified as eligible to participate in the
food stamp program shall be equal to the cost to such households of the
thrifty food plan reduced by an amount equal to 30 per centum of the
household's income, as determined in accordance with section 2014(d) and
(e) of this title, rounded to the nearest lower whole dollar: Provided,
That for households of one and two persons the minimum allotment shall
be $10 per month.
(b) Benefits not deemed income or resources for certain purposes
The value of benefits that may be provided under this chapter,
whether through coupons, access devices, or otherwise \1\ shall not be
considered income or resources for any purpose under any Federal, State,
or local laws, including, but not limited to, laws relating to taxation,
welfare, and public assistance programs, and no participating State or
political subdivision thereof shall decrease any assistance otherwise
provided an individual or individuals because of the receipt of benefits
under this chapter.
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\1\ So in original. Probably should be followed by a comma.
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(c) First month benefits prorated
(1) The value of the allotment issued to any eligible household for
the initial month or other initial period for which an allotment is
issued shall have a value which bears the same ratio to the value of the
allotment for a full month or other initial period for which the
allotment is issued as the number of days (from the date of application)
remaining in the month or other initial period for which the allotment
is issued bears to the total number of days in the month or other
initial period for which the allotment is issued, except that no
allotment may be issued to a household for the initial month or period
if the value of the allotment which such household would otherwise be
eligible to receive under this subsection is less than $10. Households
shall receive full months' allotments for all months within a
certification period, except as provided in the first sentence of this
paragraph with respect to an initial month.
(2) As used in this subsection, the term ``initial month'' means (A)
the first month for which an allotment is issued to a household, (B) the
first month for which an allotment is issued to a household following
any period in which such household was not participating in the food
stamp program under this chapter after the expiration of a certification
period or after the termination of the certification of a household,
during a certification period, when the household ceased to be eligible
after notice and an opportunity for a hearing under section 2020(e)(10)
of this title, and (C) in the case of a migrant or seasonal farmworker
household, the first month for which allotment is issued to a household
that applies following any period of more than 30 days in which such
household was not participating in the food stamp program after previous
participation in such program.
(3) Optional combined allotment for expedited households.--A State
agency may provide to an eligible household applying after the 15th day
of a month, in lieu of the initial allotment of the household and the
regular allotment of the household for the following month, an allotment
that is equal to the total amount of the initial allotment and the first
regular allotment. The allotment shall be provided in accordance with
section 2020(e)(3) of this title in the case of a household that is not
entitled to expedited service and in accordance with paragraphs (3) and
(9) of section 2020(e) of this title in the case of a household that is
entitled to expedited service.
(d) Reduction of public assistance benefits
(1) In general
If the benefits of a household are reduced under a Federal,
State, or local law relating to a means-tested public assistance
program for the failure of a member of the household to perform an
action required under the law or program, for the duration of the
reduction--
(A) the household may not receive an increased allotment as
the result of a decrease in the income of the household to the
extent that the decrease is the result of the reduction; and
(B) the State agency may reduce the allotment of the
household by not more than 25 percent.
(2) Rules and procedures
If the allotment of a household is reduced under this subsection
for a failure to perform an action required under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of title IV
of the Act to reduce the allotment under the food stamp program.
(e) Allotments for households residing in centers
(1) In general
In the case of an individual who resides in a center for the
purpose of a drug or alcoholic treatment program described in
section 2012(i)(5) of this title, a State agency may provide an
allotment for the individual to--
(A) the center as an authorized representative of the
individual for a period that is less than 1 month; and
(B) the individual, if the individual leaves the center.
(2) Direct payment
A State agency may require an individual referred to in
paragraph (1) to designate the center in which the individual
resides as the authorized representative of the individual for the
purpose of receiving an allotment.
(f) Alternative procedures for residents of certain group facilities
(1) In general
(A) Applicability
(i) In general
Subject to clause (ii), at the option of the State
agency, allotments for residents of any facility described
in subparagraph (B), (C), (D), or (E) of section 2012(i)(5)
of this title (referred to in this subsection as a ``covered
facility'') may be determined and issued under this
paragraph in lieu of subsection (a) of this section.
(ii) Limitation
Unless the Secretary authorizes implementation of this
paragraph in all States under paragraph (3), clause (i)
shall apply only to residents of covered facilities
participating in a pilot project under paragraph (2).
(B) Amount of allotment
The allotment for each eligible resident described in
subparagraph (A) shall be calculated in accordance with
standardized procedures established by the Secretary that take
into account the allotments typically received by residents of
covered facilities.
(C) Issuance of allotment
(i) In general
The State agency shall issue an allotment determined
under this paragraph to a covered facility as the authorized
representative of the residents of the covered facility.
(ii) Adjustment
The Secretary shall establish procedures to ensure that
a covered facility does not receive a greater proportion of
a resident's monthly allotment than the proportion of the
month during which the resident lived in the covered
facility.
(D) Departures of residents of covered facilities
(i) Notification
Any covered facility that receives an allotment for a
resident under this paragraph shall--
(I) notify the State agency promptly on the
departure of the resident; and
(II) notify the resident, before the departure of
the resident, that the resident--
(aa) is eligible for continued benefits under
the food stamp program; and
(bb) should contact the State agency concerning
continuation of the benefits.
(ii) Issuance to departed residents
On receiving a notification under clause (i)(I)
concerning the departure of a resident, the State agency--
(I) shall promptly issue the departed resident an
allotment for the days of the month after the departure
of the resident (calculated in a manner prescribed by
the Secretary) unless the departed resident reapplies to
participate in the food stamp program; and
(II) may issue an allotment for the month following
the month of the departure (but not any subsequent
month) based on this paragraph unless the departed
resident reapplies to participate in the food stamp
program.
(iii) State option
The State agency may elect not to issue an allotment
under clause (ii)(I) if the State agency lacks sufficient
information on the location of the departed resident to
provide the allotment.
(iv) Effect of reapplication
If the departed resident reapplies to participate in the
food stamp program, the allotment of the departed resident
shall be determined without regard to this paragraph.
(2) Pilot projects
(A) In general
Before the Secretary authorizes implementation of paragraph
(1) in all States, the Secretary shall carry out, at the request
of 1 or more State agencies and in 1 or more areas of the United
States, such number of pilot projects as the Secretary
determines to be sufficient to test the feasibility of
determining and issuing allotments to residents of covered
facilities under paragraph (1) in lieu of subsection (a) of this
section.
(B) Project plan
To be eligible to participate in a pilot project under
subparagraph (A), a State agency shall submit to the Secretary
for approval a project plan that includes--
(i) a specification of the covered facilities in the
State that will participate in the pilot project;
(ii) a schedule for reports to be submitted to the
Secretary on the pilot project;
(iii) procedures for standardizing allotment amounts
that takes into account the allotments typically received by
residents of covered facilities; and
(iv) a commitment to carry out the pilot project in
compliance with the requirements of this subsection other
than paragraph (1)(B).
(3) Authorization of implementation in all States
(A) In general
The Secretary shall--
(i) determine whether to authorize implementation of
paragraph (1) in all States; and
(ii) notify the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate of the determination.
(B) Determination not to authorize implementation in all States
(i) In general
If the Secretary makes a finding described in clause
(ii), the Secretary--
(I) shall not authorize implementation of paragraph
(1) in all States; and
(II) shall terminate all pilot projects under
paragraph (2) within a reasonable period of time (as
determined by the Secretary).
(ii) Finding
The finding referred to in clause (i) is that--
(I) an insufficient number of project plans that the
Secretary determines to be eligible for approval are
submitted by State agencies under paragraph (2)(B); or
(II)(aa) a sufficient number of pilot projects have
been carried out under paragraph (2)(A); and
(bb) authorization of implementation of paragraph
(1) in all States is not in the best interest of the
food stamp program.
(Pub. L. 88-525, Sec. 8, Aug. 31, 1964, 78 Stat. 705; Pub. L. 95-113,
title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 968; Pub. L. 97-35,
title I, Secs. 104(b), 110, Aug. 13, 1981, 95 Stat. 359, 361; Pub. L.
97-253, title I, Secs. 143(c), 152(b), 163, 164, Sept. 8, 1982, 96 Stat.
773, 776, 778; Pub. L. 99-198, title XV, Sec. 1520, Dec. 23, 1985, 99
Stat. 1578; Pub. L. 100-387, title V, Sec. 502(a), Aug. 11, 1988, 102
Stat. 960; Pub. L. 100-435, title II, Sec. 203(a), Sept. 19, 1988, 102
Stat. 1656; Pub. L. 101-624, title XVII, Secs. 1730, 1732, Nov. 28,
1990, 104 Stat. 3790; Pub. L. 102-237, title IX, Secs. 909, 910, Dec.
13, 1991, 105 Stat. 1887; Pub. L. 103-66, title XIII, Sec. 13916, Aug.
10, 1993, 107 Stat. 674; Pub. L. 103-296, title I, Sec. 108(f)(1), Aug.
15, 1994, 108 Stat. 1486; Pub. L. 104-193, title VIII, Secs. 826-830,
854(c)(1), Aug. 22, 1996, 110 Stat. 2327, 2342; Pub. L. 107-171, title
IV, Sec. 4112(a), (b)(3), May 13, 2002, 116 Stat. 310, 313.)
References in Text
The Social Security Act, referred to in subsec. (d)(2), 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 this title
and Tables.
Amendments
2002--Subsec. (e)(1). Pub. L. 107-171, Sec. 4112(b)(3), substituted
``section 2012(i)(5) of this title'' for ``the last sentence of section
2012(i) of this title'' in introductory provisions.
Subsec. (f). Pub. L. 107-171, Sec. 4112(a), added subsec. (f).
1996--Subsec. (a). Pub. L. 104-193, Sec. 826, struck out before
period at end ``, and shall be adjusted on each October 1 to reflect the
percentage change in the cost of the thrifty food plan without regard to
the special adjustments under section 2012(o) of this title for the 12-
month period ending the preceding June, with the result rounded to the
nearest $5''.
Subsec. (c)(2)(B). Pub. L. 104-193, Sec. 827, struck out ``of more
than one month'' after ``following any period''.
Subsec. (c)(3). Pub. L. 104-193, Sec. 828, added par. (3) and struck
out former par. (3) which read as follows: ``A State agency--
``(A) in the case of a household that is not entitled in the
month in which it applies to expedited service under section
2020(e)(9) of this title, may provide that an eligible household
applying after the 15th day of the month shall receive, in lieu of
its initial allotment and its regular allotment for the following
month, an allotment that is the aggregate of the initial allotment
and the first regular allotment, which shall be provided in
accordance with paragraph (3) of section 2020(e) of this title; and
``(B) in the case of a household that is entitled in the month
in which it applies to expedited service under section 2020(e)(9) of
this title, shall provide that an eligible household applying after
the 15th day of the month shall receive, in lieu of its initial
allotment and its regular allotment for the following month, an
allotment that is the aggregate of the initial allotment and the
first regular allotment, which shall be provided in accordance with
paragraphs (3) and (9) of section 2020(e) of this title.''
Subsec. (d). Pub. L. 104-193, Sec. 829, added subsec. (d) and struck
out former subsec. (d) which read as follows: ``A household against
which a penalty has been imposed for an intentional failure to comply
with a Federal, State, or local law relating to welfare or a public
assistance program may not, for the duration of the penalty, receive an
increased allotment as the result of a decrease in the household's
income (as determined under sections 2014(d) and 2014(e) of this title)
to the extent that the decrease is the result of such penalty.''
Subsec. (e). Pub. L. 104-193, Sec. 854(c)(1), redesignated subsec.
(f) as (e) and struck out former subsec. (e) which provided for
simplified application procedures for beneficiaries of other programs,
and for allotments, evaluation, cost sharing, and standardized
procedures and benefits.
Subsec. (f). Pub. L. 104-193, Sec. 854(c)(1), redesignated subsec.
(f) as (e).
Pub. L. 104-193, Sec. 830, added subsec. (f).
1994--Subsec. (e)(6). Pub. L. 103-296 inserted ``the Commissioner of
Social Security and'' before ``the Secretary of Health and Human
Services''.
1993--Subsec. (c)(2)(B). Pub. L. 103-66 inserted ``of more than one
month in'' after ``following any period''.
1991--Subsec. (b). Pub. L. 102-237, Sec. 909, substituted ``benefits
that may be provided under this chapter, whether through coupons, access
devices, or otherwise'' for ``the allotment provided any eligible
household'' and ``benefits'' for ``an allotment''.
Subsec. (c)(1). Pub. L. 102-237, Sec. 910(1), inserted at end
``Households shall receive full months' allotments for all months within
a certification period, except as provided in the first sentence of this
paragraph with respect to an initial month.''
Subsec. (c)(2)(B). Pub. L. 102-237, Sec. 910(2), substituted ``the
expiration of a certification period or after the termination of the
certification of a household, during a certification period, when the
household ceased to be eligible after notice and an opportunity for a
hearing under section 2020(e)(10) of this title'' for ``previous
participation in such program''.
1990--Subsec. (a). Pub. L. 101-624, Sec. 1730, inserted before
period at end ``, and shall be adjusted on each October 1 to reflect the
percentage change in the cost of the thrifty food plan without regard to
the special adjustments under section 2012(o) of this title for the 12-
month period ending the preceding June, with the result rounded to the
nearest $5''.
Subsec. (c)(3). Pub. L. 101-624, Sec. 1732, amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``An eligible
household applying after the 15th day of the month shall receive, in
lieu of its initial allotment and its regular allotment for the
following month, an allotment that is the aggregate of the initial
allotment and the first regular allotment, which shall be provided in
accordance with paragraphs (3) and (9) of section 2020(e) of this
title.''
1988--Subsec. (c). Pub. L. 100-387 substituted ``(2)'' for ``and
(2)'' and added cl. (3).
Subsec. (c)(1), (2). Pub. L. 100-435, Sec. 203(a)(1), (2),
designated first sentence of subsec. (c) as par. (1) and designated
second sentence of subsec. (c) as par. (2), and redesignated cls. (1) to
(3) of par. (2) as cls. (A) to (C), respectively.
Subsec. (c)(3). Pub. L. 100-435, Sec. 203(a)(3), added par. (3).
1985--Subsec. (e). Pub. L. 99-198 added subsec. (e).
1982--Subsec. (a). Pub. L. 97-253, Secs. 143(c), 152(b), substituted
``nearest lower whole dollar'' for ``nearest whole dollar'', and struck
out provision which required the Secretary, six months after the
implementation of the elimination of the charge for allotments and
annually thereafter, to report to Congress the effect on participation
and cost thereof.
Subsec. (c). Pub. L. 97-253, Sec. 163, inserted provision that no
allotment may be issued to a household for the initial month or period
if the value of the allotment which such household would otherwise be
eligible to receive under this subsection is less than $10, and
substituted ``following any period'' for ``following any period of more
than thirty days'' in cl. (2).
Subsec. (d). Pub. L. 97-253, Sec. 164, added subsec. (d).
1981--Subsec. (a). Pub. L. 97-35, Sec. 104(b), inserted ``(d) and
(e)'' after ``2014''.
Subsec. (c). Pub. L. 97-35, Sec. 110, added subsec. (c).
1977--Pub. L. 95-113 substituted revised provisions relating to the
value of the coupon allotment for provisions covering approval of retail
stores and wholesale food concerns which are now covered by section 2018
of this title.
Effective Date of 2002 Amendment
Amendment by 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 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, Sept. 1, 1994, see section 13971(b)(4) 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 section 1730 of Pub. L. 101-624 effective Oct. 1, 1990,
and amendment by section 1732 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,
see section 1781(a), (b)(1) of Pub. L. 101-624, set out as a note under
section 2012 of this title.
Effective Date of 1988 Amendments
Amendment by Pub. L. 100-435 effective Jan. 1, 1989, and implemented
by States by Jan. 1, 1990, see section 701(b)(3)(A) of Pub. L. 100-435,
set out as a note under section 2012 of this title.
Section 502(b) of Pub. L. 100-387 provided that:
``(1) The amendments made by this section [amending this section]
take effect on the date of enactment of this Act [Aug. 11, 1988].
``(2) The amendments made by this section shall not apply with
respect to allotments issued under the Food Stamp Act of 1977 [this
chapter] to any household for any month beginning before the effective
period of this section begins.''
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.
Effective Date of 1981 Amendment
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. 97-35 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.
Section Referred to in Other Sections
This section is referred to in sections 2016, 2025, 2026, 2029, 2035
of this title.
