§ 2026. — Research, demonstration, and evaluations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2026]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2026. Research, demonstration, and evaluations
(a) Contracts or grants; issuance of aggregate allotments
(1) The Secretary may enter into contracts with or make grants to
public or private organizations or agencies under this section to
undertake research that will help improve the administration and
effectiveness of the food stamp program in delivering nutrition-related
benefits. The waiver authority of the Secretary under subsection (b) of
this section shall extend to all contracts and grants under this
section.
(2) The Secretary may, on application, permit not more than two
State agencies to establish procedures that allow households whose
monthly food stamp benefits do not exceed $20, at their option, to
receive, in lieu of their food stamp benefits for the initial period
under section 2017 of this title and their regular allotment in
following months, and at intervals of up to 3 months thereafter,
aggregate allotments not to exceed $60 and covering not more than 3
months' benefits. The allotments shall be provided in accordance with
paragraphs (3) and (9) of section 2020(e) of this title (except that no
household shall begin to receive combined allotments under this section
until it has complied with all applicable verification requirements of
section 2020(e)(3) of this title) and (with respect to the first
aggregate allotment so issued) within 40 days of the last coupon
issuance.
(b) Pilot projects
(1)(A) The Secretary may conduct on a trial basis, in one or more
areas of the United States, pilot or experimental projects designed to
test program changes that might increase the efficiency of the food
stamp program and improve the delivery of food stamp benefits to
eligible households, and may waive any requirement of this chapter to
the extent necessary for the project to be conducted.
(B) Project requirements.--
(i) Program goal.--The Secretary may not conduct a project under
subparagraph (A) unless--
(I) the project is consistent with the goal of the food
stamp program of providing food assistance to raise levels of
nutrition among low-income individuals; and
(II) the project includes an evaluation to determine the
effects of the project.
(ii) Permissible projects.--The Secretary may conduct a project
under subparagraph (A) to--
(I) improve program administration;
(II) increase the self-sufficiency of food stamp recipients;
(III) test innovative welfare reform strategies; or
(IV) allow greater conformity with the rules of other
programs than would be allowed but for this paragraph.
(iii) Restrictions on permissible projects.--If the Secretary
finds that a project under subparagraph (A) would reduce benefits by
more than 20 percent for more than 5 percent of households in the
area subject to the project (not including any household whose
benefits are reduced due to a failure to comply with work or other
conduct requirements), the project--
(I) may not include more than 15 percent of the State's food
stamp households; and
(II) shall continue for not more than 5 years after the date
of implementation, unless the Secretary approves an extension
requested by the State agency at any time.
(iv) Impermissible projects.--The Secretary may not conduct a
project under subparagraph (A) that--
(I) involves the payment of the value of an allotment in the
form of cash, unless the project was approved prior to August
22, 1996;
(II) has the effect of substantially transferring funds made
available under this chapter to services or benefits provided
primarily through another public assistance program, or using
the funds for any purpose other than the purchase of food,
program administration, or an employment or training program;
(III) is inconsistent with--
(aa) paragraphs (4) and (5) of section 2012(i) of this
title;
(bb) the last sentence of section 2014(a) of this title,
insofar as a waiver denies assistance to an otherwise
eligible household or individual if the household or
individual has not failed to comply with any work,
behavioral, or other conduct requirement under this or
another program;
(cc) section 2014(c)(2) of this title;
(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section
2015(d) of this title;
(ee) section 2017(b) of this title;
(ff) section 2020(e)(2)(B) of this title;
(gg) the time standard under section 2020(e)(3) of this
title;
(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of
section 2025 of this title;
(ii) this paragraph; or
(jj) subsection (a)(1) or (g)(1) of section 2029 of this
title;
(IV) modifies the operation of section 2014 of this title so
as to have the effect of--
(aa) increasing the shelter deduction to households with
no out-of-pocket housing costs or housing costs that consume
a low percentage of the household's income; or
(bb) absolving a State from acting with reasonable
promptness on substantial reported changes in income or
household size (except that this subclause shall not apply
with regard to changes related to food stamp deductions);
(V) is not limited to a specific time period;
(VI) waives a provision of section 2035 of this title; or
(VII) waives a provision of section 2016(j) of this title.
(v) Additional included projects.--A pilot or experimental
project may include projects involving the payment of the value of
allotments or the average value of allotments by household size in
the form of cash to eligible households all of whose members are age
sixty-five or over or any of whose members are entitled to
supplemental security income benefits under title XVI of the Social
Security Act [42 U.S.C. 1381 et seq.] or are receiving assistance
under a State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), the use of countersigned food
coupons or similar identification mechanisms that do not invade a
household's privacy, and the use of food checks or other voucher-
type forms in place of food coupons.
(vi) Cash payment pilot projects.--Any pilot or experimental
project implemented under this paragraph and operating as of October
1, 1981, involving the payment of the value of allotments in the
form of cash to eligible households all of whose members are either
age sixty-five or over or entitled to supplemental security income
benefits under title XVI of the Social Security Act shall be
continued through October 1, 2007, if the State so requests.
(C)(i) No waiver or demonstration program shall be approved under
this chapter after November 28, 1990, unless--
(I) any household whose food assistance is issued in a form
other than coupons has its allotment increased to the extent
necessary to compensate for any State or local sales tax that may be
collected in all or part of the area covered by the demonstration
project, the tax on purchases of food by any such household is
waived, or the Secretary determines on the basis of information
provided by the State agency that the increase is unnecessary on the
basis of the limited nature of the items subject to the State or
local sales tax; and
(II) the State agency conducting the demonstration project pays
the cost of any increased allotments.
(ii) Clause (i) shall not apply if a waiver or demonstration project
already provides a household with assistance that exceeds that which the
household would otherwise be eligible to receive by more than the
estimated amount of any sales tax on the purchases of food that would be
collected from the household in the project area in which the household
resides.
(D) Response to waivers.--
(i) Response.--Not later than 60 days after the date of
receiving a request for a waiver under subparagraph (A), the
Secretary shall provide a response that--
(I) approves the waiver request;
(II) denies the waiver request and describes any
modification needed for approval of the waiver request;
(III) denies the waiver request and describes the grounds
for the denial; or
(IV) requests clarification of the waiver request.
(ii) Failure to respond.--If the Secretary does not provide a
response in accordance with clause (i), the waiver shall be
considered approved, unless the approval is specifically prohibited
by this chapter.
(iii) Notice of denial.--On denial of a waiver request under
clause (i)(III), the Secretary shall provide a copy of the waiver
request and a description of the reasons for the denial to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(2) The Secretary shall, jointly with the Secretary of Labor,
implement two pilot projects involving the performance of work in return
for food stamp benefits in each of the seven administrative regions of
the Food and Nutrition Service of the Department of Agriculture, such
projects to be (A) appropriately divided in each region between
locations that are urban and rural in characteristics and among
locations selected to provide a representative cross-section of
political subdivisions in the States and (B) submitted for approval
prior to project implementation, together with the names of the agencies
or organizations that will be engaged in such projects, to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate. Under such pilot
projects, any person who is subject to the work registration
requirements pursuant to section 2015(d) of this title, and is a member
of a household that does not have earned income equal to or exceeding
the allotment to which the household is otherwise entitled pursuant to
section 2017(a) of this title, shall be ineligible to participate in the
food stamp program as a member of any household during any month in
which such person refuses, after not being offered employment in the
private sector of the economy for more than thirty days (ten days in at
least one pilot project area designated by the Secretary) after the
initial registration for employment referred to in section
2015(d)(1)(A)(i) of this title, to accept an offer of employment from a
political subdivision or provider pursuant to a program carried out
under title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et
seq.], for which employment compensation shall be paid in the form of
the allotment to which the household is otherwise entitled pursuant to
section 2017(a) of this title, with each hour of employment entitling
the household to a portion of the allotment equal in value to 100 per
centum of the Federal minimum hourly rate under the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 206(a)(1)); which employment shall
not, together with any other hours worked in any other capacity by such
person exceed forty hours a week; and which employment shall not be used
by the employer to fill a job opening created by the action of such
employer in laying off or terminating the employment of any regular
employee not supported under this paragraph in anticipation of filling
the vacancy so created by hiring an employee or employees to be
supported under this paragraph, if all of the jobs supported under the
program have been made available to participants in the program before
the political subdivision or provider providing the jobs extends an
offer of employment under this paragraph, and if the political
subdivision or provider, in employing the person, complies with the
requirements of Federal law that relate to the program. The Secretary
and the Secretary of Labor shall jointly issue reports to the
appropriate committees of Congress on the progress of such pilot
projects no later than six and twelve months following September 29,
1977, shall issue interim reports no later than October 1, 1979, October
1, 1980, and March 30, 1981, shall issue a final report describing the
results of such pilot projects based upon their operation from their
commencement through the fiscal year ending September 30, 1981, and
shall pay to the agencies or organizations operating such pilot projects
50 per centum of all administrative costs involved in such operation.
(3)(A) The Secretary may conduct demonstration projects to test
improved consistency or coordination between the food stamp employment
and training program and the Job Opportunities and Basic Skills program
under title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(B) Notwithstanding paragraph (1), the Secretary may, as part of a
project authorized under this paragraph, waive requirements under
section 2015(d) of this title to permit a State to operate an employment
and training program for food stamp recipients on the same terms and
conditions under which the State operates its Job Opportunities and
Basic Skills program for recipients of aid to families with dependent
children under part F \1\ of title IV of the Social Security Act (42
U.S.C. 681 et seq.). Any work experience program conducted as part of
the project shall be conducted in conformity with section 482(f) \1\ of
such Act (42 U.S.C. 682(f)).
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\1\ See References in Text note below.
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(C) A State seeking such a waiver shall provide assurances that the
resulting employment and training program shall meet the requirements of
subsections (a)(19) and (g) of section 402 \1\ of such Act (42 U.S.C.
602) (but not including the provision of transitional benefits under
clauses (ii) through (vii) of section 402(g)(1)(A) \1\) and sections 481
through 487 \1\ of such Act (42 U.S.C. 681 through 687). Each reference
to ``aid to families with dependent children'' in such sections shall be
deemed to be a reference to food stamps for purposes of the
demonstration project.
(D) Notwithstanding the other provisions of this paragraph,
participation in an employment and training activity in which food stamp
benefits are converted to cash shall occur only with the consent of the
participant.
(E) For the purposes of any project conducted under this paragraph,
the provisions of this chapter affecting the rights of recipients may be
waived to the extent necessary to conform to the provisions of section
402, and sections 481 through 487,\1\ of the Social Security Act.
(F) At least 60 days prior to granting final approval of a project
under this paragraph, the Secretary shall publish the terms and
conditions for any demonstration project conducted under the paragraph
for public comment in the Federal Register and shall notify the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(G) Waivers may be granted under this paragraph to conduct projects
at any one time in a total of up to 60 project areas (or parts of
project areas), as such areas are defined in regulations in effect on
January 1, 1990.
(H) A waiver for a change in program rules may be granted under this
paragraph only for a demonstration project that has been approved by the
Secretary, that will be evaluated according to criteria prescribed by
the Secretary, and that will be in operation for no more than 4 years.
(I) The Secretary may not grant a waiver under this paragraph on or
after August 22, 1996. Any reference in this paragraph to a provision of
title IV of the Social Security Act [42 U.S.C. 601 et seq.] shall be
deemed to be a reference to such provision as in effect on the day
before August 22, 1996.
(c) Evaluation measures; pilot programs for nutritional monitoring
The Secretary shall develop and implement measures for evaluating,
on an annual or more frequent basis, the effectiveness of the food stamp
program in achieving its stated objectives, including, but not limited
to, the program's impact upon the nutritional and economic status of
participating households, the program's impact upon all sectors of the
agricultural economy, including farmers and ranchers, as well as retail
food stores, and the program's relative fairness to households of
different income levels, different age composition, different size, and
different regions of residence. Further, the Secretary shall, by way of
making contracts with or grants to public or private organizations or
agencies, implement pilot programs to test various means of measuring on
a continuing basis the nutritional status of low income people, with
special emphasis on people who are eligible for food stamps, in order to
develop minimum common criteria and methods for systematic nutrition
monitoring that could be applied on a nationwide basis. The locations of
the pilot programs shall be selected to provide a representative
geographic and demographic cross-section of political subdivisions that
reflect natural usage patterns of health and nutritional services and
that contain high proportions of low income people. The Secretary shall
report on the progress of these pilot programs on an annual basis
commencing on July 1, 1982, to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, together with such recommendations as the
Secretary deems appropriate.
(d) Employment initiatives program
(1) Election to participate
(A) In general
Subject to the other provisions of this subsection, a State
may elect to carry out an employment initiatives program under
this subsection.
(B) Requirement
A State shall be eligible to carry out an employment
initiatives program under this subsection only if not less than
50 percent of the households in the State that received food
stamp benefits during the summer of 1993 also received benefits
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) during the summer of
1993.
(2) Procedure
(A) In general
A State that has elected to carry out an employment
initiatives program under paragraph (1) may use amounts equal to
the food stamp allotments that would otherwise be issued to a
household under the food stamp program, but for the operation of
this subsection, to provide cash benefits in lieu of the food
stamp allotments to the household if the household is eligible
under paragraph (3).
(B) Payment
The Secretary shall pay to each State that has elected to
carry out an employment initiatives program under paragraph (1)
an amount equal to the value of the allotment that each
household participating in the program in the State would be
eligible to receive under this chapter but for the operation of
this subsection.
(C) Other provisions
For purposes of the food stamp program (other than this
subsection)--
(i) cash assistance under this subsection shall be
considered to be an allotment; and
(ii) each household receiving cash benefits under this
subsection shall not receive any other food stamp benefit
during the period for which the cash assistance is provided.
(D) Additional payments
Each State that has elected to carry out an employment
initiatives program under paragraph (1) shall--
(i) increase the cash benefits provided to each
household participating in the program in the State under
this subsection to compensate for any State or local sales
tax that may be collected on purchases of food by the
household, unless the Secretary determines on the basis of
information provided by the State that the increase is
unnecessary on the basis of the limited nature of the items
subject to the State or local sales tax; and
(ii) pay the cost of any increase in cash benefits
required by clause (i).
(3) Eligibility
A household shall be eligible to receive cash benefits under
paragraph (2) if an adult member of the household--
(A) has worked in unsubsidized employment for not less than
the preceding 90 days;
(B) has earned not less than $350 per month from the
employment referred to in subparagraph (A) for not less than the
preceding 90 days;
(C)(i) is receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); or
(ii) was receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) at the time the member first received cash benefits
under this subsection and is no longer eligible for the State
program because of earned income;
(D) is continuing to earn not less than $350 per month from
the employment referred to in subparagraph (A); and
(E) elects to receive cash benefits in lieu of food stamp
benefits under this subsection.
(4) Evaluation
A State that operates a program under this subsection for 2
years shall provide to the Secretary a written evaluation of the
impact of cash assistance under this subsection. The State agency,
with the concurrence of the Secretary, shall determine the content
of the evaluation.
(e) Study and report to Congressional committees of effect of reduction
of benefits
The Secretary shall conduct a study of the effects of reductions
made in benefits provided under this chapter pursuant to part 1 of
subtitle A of title I of the Omnibus Budget Reconciliation Act of 1981,
the Food Stamp and Commodity Distribution Amendments of 1981, the Food
Stamp Act Amendments of 1982, and any other laws enacted by the Ninety-
seventh Congress which affect the food stamp program. The study shall
include a study of the effect of retrospective accounting and periodic
reporting procedures established under such Acts, including the impact
on benefit and administrative costs and on error rates and the degree to
which eligible households are denied food stamp benefits for failure to
file complete periodic reports. 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 an
interim report on the results of such study no later than February 1,
1984, and a final report on the results of such study no later than
March 1, 1985.
(f) Demonstration projects for development and use of intelligent
computer benefit cards to pay food stamp benefits
In order to encourage States to plan, design, develop, and implement
a system for making food stamp benefits available through the use of
intelligent benefit cards or other automated or electronic benefit
delivery systems, the Secretary may conduct one or more pilot or
experimental projects, subject to the restrictions imposed by subsection
(b)(1) of this section and section 2016(g)(2) of this title, designed to
test whether the use of such cards or systems can enhance the efficiency
and effectiveness of program operations while ensuring that individuals
receive correct benefit amounts on a timely basis. Intelligent benefit
cards developed under such a demonstration project shall contain
information, encoded on a computer chip embedded in a credit card
medium, including the eligibility of the individual and the amount of
benefits to which such individual is entitled. Any other automated or
electronic benefit delivery system developed under such a demonstration
project shall be able to use a plastic card to access such information
from a data file.
(g) Study of effectiveness of food stamp employment and training program
In order to assess the effectiveness of the employment and training
programs established under section 2015(d) of this title in placing
individuals into the work force and withdrawing such individuals from
the food stamp program, the Secretary is authorized to carry out studies
comparing the pre- and post-program labor force participation, wage
rates, family income, level of receipt of food stamp and other transfer
payments, and other relevant information, for samples of participants in
such employment and training programs as compared to the appropriate
control or comparison groups that did not participate in such programs.
Such studies shall, to the maximum extent possible--
(1) collect such data for up to 3 years after the individual has
completed the employment and training program; and
(2) yield results that can be generalized to the national
program as a whole.
The results of such studies and reports shall be considered in
developing or updating the performance standards required under section
2015 of this title.
(h) Demonstration projects for vehicle exclusion limits
The Secretary shall conduct a sufficient number of demonstration
projects to evaluate the effects, in both rural and urban areas, of
including in financial resources under section 2014(g) of this title the
fair market value of licensed vehicles to the extent the value of each
vehicle exceeds $4,500, but excluding the value of--
(1) any licensed vehicle that is used to produce earned income,
necessary for transportation of an elderly or physically disabled
household member, or used as the household's home; and
(2) one licensed vehicle used to obtain, continue, or seek
employment (including travel to and from work), used to pursue
employment-related education or training, or used to secure food or
the benefits of the food stamp program.
(i) Testing resource accumulation
The Secretary shall conduct, under such terms and conditions as the
Secretary shall prescribe, for a period not to exceed 4 years, projects
to test allowing not more than 11,000 eligible households, in the
aggregate, to accumulate resources up to $10,000 each (which shall be
excluded from consideration as a resource) for later expenditure for a
purpose directly related to improving the education, training, or
employability (including self-employment) of household members, for the
purchase of a home for the household, for a change of the household's
residence, or for making major repairs to the household's home.
(j) Demonstration projects directed at food coupon trafficking
The Secretary shall use up to $4,000,000 of the funds provided in
advance in appropriations Acts for projects authorized by this section
to conduct demonstration projects in which State or local food stamp
agencies test innovative ideas for working with State or local law
enforcement agencies to investigate and prosecute coupon trafficking.
(Pub. L. 88-525, Sec. 17, as added Pub. L. 93-86, Sec. 3(n), Aug. 10,
1973, 87 Stat. 248; amended Pub. L. 95-113, title XIII, Sec. 1301, Sept.
29, 1977, 91 Stat. 977; Pub. L. 95-400, Sept. 30, 1978, 92 Stat. 856;
Pub. L. 96-249, title I, Secs. 130-132(a), 133, May 26, 1980, 94 Stat.
367, 368; Pub. L. 97-98, title XIII, Secs. 1328-1330, Dec. 22, 1981, 95
Stat. 1289, 1290; Pub. L. 97-253, title I, Secs. 152(c), 181, 182,
190(d), Sept. 8, 1982, 96 Stat. 776, 784, 785, 787; Pub. L. 99-114,
Sec. 4, Oct. 1, 1985, 99 Stat. 488; Pub. L. 99-157, Sec. 2, Nov. 15,
1985, 99 Stat. 818; Pub. L. 99-182, Sec. 2, Dec. 13, 1985, 99 Stat.
1173; Pub. L. 99-198, title XV, Sec. 1540, Dec. 23, 1985, 99 Stat. 1588;
Pub. L. 100-435, title V, Secs. 504, 505, Sept. 19, 1988, 102 Stat.
1673; Pub. L. 101-624, title XVII, Secs. 1729(b), 1731, 1754-1759, Nov.
28, 1990, 104 Stat. 3790, 3798-3800, 3802; Pub. L. 102-237, title IX,
Sec. 941(8), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 103-66, title XIII,
Sec. 13925, Aug. 10, 1993, 107 Stat. 675; Pub. L. 103-225, title II,
Sec. 204, Mar. 25, 1994, 108 Stat. 109; Pub. L. 104-127, title IV,
Sec. 401(c), (d), Apr. 4, 1996, 110 Stat. 1026; Pub. L. 104-193, title
I, Sec. 109(d), title VIII, Secs. 815(b)(1), 850-852, 854(c)(2), Aug.
22, 1996, 110 Stat. 2169, 2317, 2336-2338, 2342; Pub. L. 105-18, title
VII, [(b)], June 12, 1997, 111 Stat. 217; Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 405(d)(2)(C), (f)(2)(C)], Oct. 21, 1998,
112 Stat. 2681-337, 2681-418, 2681-429; Pub. L. 107-171, title IV,
Secs. 4112(b)(4), 4116(b), 4122(b), 4123(a), May 13, 2002, 116 Stat.
313, 316, 324.)
References in Text
The Social Security Act, referred to in subsecs. (b)(1)(B)(v), (vi),
(3)(A), (B), (I) and (d)(1)(B), (3)(C), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended. Title IV, part A of title IV, and title XVI of
the Act are classified generally to subchapter IV (Sec. 601 et seq.),
part A (Sec. 601 et seq.) of subchapter IV, and subchapter XVI
(Sec. 1381 et seq.), respectively, of chapter 7 of Title 42, The Public
Health and Welfare. Part F of title IV of the Act was classified
generally to part F (Sec. 681 et seq.) of subchapter IV of chapter 7 of
Title 42, prior to repeal by Pub. L. 104-193, title I, Sec. 108(e), Aug.
22, 1996, 110 Stat. 2167. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
The Workforce Investment Act of 1998, referred to in subsec. (b)(2),
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of
the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of
Title 29, Labor. For complete classification of this Act to the Code,
see Short Title note set out under section 9201 of Title 20, Education,
and Tables.
The Fair Labor Standards Act of 1938, as amended, referred to in
subsec. (b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, as
amended, which is classified generally to chapter 8 (Sec. 201 et seq.)
of Title 29, Labor. For complete classification of this Act to the Code,
see section 201 of Title 29 and Tables.
Sections 481 to 487 of the Social Security Act, referred to in
subsec. (b)(3)(C), (E), were classified to section 681 to 687,
respectively, of Title 42, The Public Health and Welfare, prior to
repeal by Pub. L. 104-193, title I, Sec. 108(e), Aug. 22, 1996, 110
Stat. 2167.
Section 402 of the Social Security Act, referred to in subsec.
(b)(3)(C), which was classified to section 602 of Title 42, The Public
Health and Welfare, was repealed and a new section 402 enacted by Pub.
L. 104-193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and,
as so enacted, no longer contains subsecs. (a)(19) and (g).
The Omnibus Budget Reconciliation Act of 1981, referred to in
subsec. (e), is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357. Part 1 of
subtitle A of title I of the Omnibus Budget Reconciliation Act amended
this chapter generally. For complete classification of this Act to the
Code, see Tables.
The Food Stamp and Commodity Distribution Amendments of 1981,
referred to in subsec. (e), is title XIII of Pub. L. 97-98, Dec. 22,
1981, 95 Stat. 1282, which amended this chapter generally. For complete
classification of this Act to the Code, see Short Title of 1981
Amendment note set out under section 2011 of this title and Tables.
The Food Stamp Act Amendments of 1982, referred to in subsec. (e),
is subtitle E of title I of Pub. L. 97-253, Sept. 8, 1982, 96 Stat. 772,
which amended this chapter generally. For complete classification of
this Act to the Code, see Short Title of 1982 Amendment note set out
under section 2011 of this title and Tables.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-171, Sec. 4123(a), substituted
``enter into contracts with or make grants to public or private
organizations or agencies under this section to'' for ``, by way of
making contracts with or grants to public or private organizations or
agencies,'' and inserted at end ``The waiver authority of the Secretary
under subsection (b) of this section shall extend to all contracts and
grants under this section.''
Subsec. (b)(1)(B)(iv)(III)(aa). Pub. L. 107-171, Sec. 4112(b)(4),
substituted ``paragraphs (4) and (5) of section 2012(i) of this title''
for ``the last 2 sentences of section 2012(i) of this title''.
Subsec. (b)(1)(B)(vi). Pub. L. 107-171, Sec. 4122(b), substituted
``2007'' for ``2002''.
Subsecs. (i) to (k). Pub. L. 107-171, Sec. 4116(b), redesignated
subsecs. (j) and (k) as (i) and (j), respectively, and struck out former
subsec. (i) which related to grants to improve food stamp participation.
1998--Subsec. (b)(2). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(2)(C)], in second sentence, struck out ``the Job Training
Partnership Act or'' before ``title I of the Workforce''.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(2)(C)], in
second sentence, substituted ``to accept an offer of employment from a
political subdivision or provider pursuant to a program carried out
under the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998,'' for ``to accept an offer of employment from a
political subdivision or a prime sponsor pursuant to the Comprehensive
Employment and Training Act of 1973, as amended (29 U.S.C. 812),'' and
substituted ``, if all of the jobs supported under the program have been
made available to participants in the program before the political
subdivision or provider providing the jobs extends an offer of
employment under this paragraph, and if the political subdivision or
provider, in employing the person, complies with the requirements of
Federal law that relate to the program.'' for ``: Provided, That all of
the political subdivision's or prime sponsor's public service jobs
supported under the Comprehensive Employment and Training Act of 1973,
as amended (29 U.S.C. 812), are filled before such subdivision or
sponsor can extend a job offer pursuant to this paragraph: Provided
further, That the sponsor of each such project shall provide the
assurances required of prime sponsors under section 205(c)(7), (8),
(15), (19), and (24) of the Comprehensive Employment and Training Act of
1973, as amended (29 U.S.C. 845(c)), and the Secretary shall require
such sponsors to comply with the conditions contained in sections
208(a)(1), (4), and (5) and (c) and 703(4) of the Comprehensive
Employment and Training Act of 1973, as amended (29 U.S.C. 848(a) and
(c) and 983).''
1997--Subsec. (b)(1)(B)(iv)(VII). Pub. L. 105-18 added subcl. (VII).
1996--Subsec. (b)(1). Pub. L. 104-193, Secs. 850, 851, in first
sentence, substituted ``benefits to eligible households, and may waive
any requirement of this chapter to the extent necessary for the project
to be conducted.'' along with subpar. (B) heading, cls. (i) to (iv), cl.
(v) of subpar. (B) heading, and ``A pilot or experimental project may
include'' for ``benefits to eligible households, including'', in subpar.
(B)(v), substituted ``are receiving assistance under a State program
funded under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)'' for ``to aid to families with dependent children under
part A of title IV of the Social Security Act'', substituted
``coupons.'' along with cl. (vi) of subpar. (B) heading and ``Any
pilot'' for ``coupons. The Secretary may waive the requirements of this
chapter to the degree necessary for such projects to be conducted,
except that no project, other than a project involving the payment of
the average value of allotments by household size in the form of cash to
eligible households or a project conducted under paragraph (3), shall be
implemented which would lower or further restrict the income or resource
standards or benefit levels provided pursuant to sections 2014 and 2017
of this title. Any pilot'', redesignated former subpar. (B) as (C), and
added subpar. (D).
Pub. L. 104-193, Sec. 109(d)(1), which directed substitution of ``or
are receiving assistance under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)'' for ``to
aid to families with dependent children under part A of title IV of the
Social Security Act'' in first sentence of subsec. (b)(1)(A), effective
July 1, 1997, could not be executed because of amendment by Pub. L. 104-
193 which redesignated portions of subsec. (b)(1)(A) and struck out the
language sought to be amended. See above.
Pub. L. 104-127, Sec. 401(c), substituted ``October 1, 2002'' for
``October 1, 1995'' in last sentence of par. (1)(A).
Subsec. (b)(2). Pub. L. 104-193, Sec. 815(b)(1), substituted
``section 2015(d)(1)(A)(i)'' for ``section 2015(d)(1)(i)'' in second
sentence.
Subsec. (b)(3)(I). Pub. L. 104-193, Sec. 109(d)(2), added subpar.
(I).
Subsec. (d). Pub. L. 104-193, Sec. 852, added subsec. (d) and struck
out former subsec. (d) which authorized pilot projects for employment of
applicants and recipients, defined ``qualification period'', and
provided for exceptions, waiver of requirements, and reestablishment of
eligibility.
Subsec. (i). Pub. L. 104-193, Sec. 854(c)(2), redesignated subsec.
(j) as (i) and struck out former subsec. (i) which authorized four
demonstration projects, in both urban and rural areas, under which
households in which each member received benefits under State plan
approved under part A of title IV of Social Security Act would be issued
monthly allotments following rules and procedures of programs under part
A of title IV of Social Security Act, and without regard to eligibility,
benefit, and administrative rules established under this chapter.
Subsec. (j). Pub. L. 104-193, Sec. 854(c)(2), redesignated subsec.
(k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(1)(A). Pub. L. 104-127, Sec. 401(d), substituted
``2002'' for ``1995''.
Subsecs. (k), (l). Pub. L. 104-193, Sec. 854(c)(2)(B), redesignated
subsec. (l) as (k). Former subsec. (k) redesignated (j).
1994--Subsec. (l). Pub. L. 103-225 added subsec. (l).
1993--Subsec. (k). Pub. L. 103-66 added subsec. (k).
1991--Subsec. (b)(3)(C). Pub. L. 102-237 inserted a closing
parenthesis after ``402(g)(1)(A)''.
1990--Subsec. (a). Pub. L. 101-624, Sec. 1731, designated existing
provisions as par. (1) and added par. (2).
Subsec. (b)(1). Pub. L. 101-624, Sec. 1756(1), inserted ``or a
project conducted under paragraph (3)'' after ``eligible households'' in
second sentence of subpar. (A).
Pub. L. 101-624, Sec. 1755, designated existing provisions as
subpar. (A) and added subpar. (B).
Pub. L. 101-624, Sec. 1754, substituted ``1995'' for ``1990''.
Subsec. (b)(3). Pub. L. 101-624, Sec. 1756(2), added par. (3).
Subsec. (f). Pub. L. 101-624, Sec. 1729(b), struck out par. (1)
designation preceding text.
Subsec. (h). Pub. L. 101-624, Sec. 1757, added subsec. (h).
Subsec. (i). Pub. L. 101-624, Sec. 1758, added subsec. (i).
Subsec. (j). Pub. L. 101-624, Sec. 1759, added subsec. (j).
1988--Subsec. (f). Pub. L. 100-435, Sec. 504, added subsec. (f).
Subsec. (g). Pub. L. 100-435, Sec. 505, added subsec. (g).
1985--Subsec. (b)(1). Pub. L. 99-198, Sec. 1540(a), substituted
``October 1, 1990'' for ``December 31, 1985''.
Pub. L. 99-182 substituted ``December 31, 1985'' for ``December 13,
1985''.
Pub. L. 99-157 substituted ``December 13, 1985'' for ``November 15,
1985''.
Pub. L. 99-114 substituted ``through November 15, 1985'' for ``until
October 1, 1985''.
Subsecs. (d) to (f). Pub. L. 99-198, Sec. 1540(b), (c), struck out
subsec. (d) which had authorized the Secretary to conduct statewide
pilot projects respecting the processing of applications for certain
recipients, and redesignated subsecs. (e) and (f) as (d) and (e),
respectively.
1982--Subsec. (d). Pub. L. 97-253, Secs. 152(c), 190(d),
redesignated subsec. (f) as (d), and struck out former subsec. (d),
which provided that notwithstanding any other provision of law, the
Secretary has required, in consultation with the Secretary of the
Treasury, to conduct a study, through the use of Federal income tax
data, of the feasibility, alternative methods of implementation, and the
effects of a program to recover food stamp benefits from members of
eligible households in which the adjusted gross income of members of
such households for a calendar year (as defined by the Internal Revenue
Code of 1954) exceeded twice the income poverty guidelines set forth in
section 2014(c) of this title, and that such study had to be conducted
in rural and urban areas only on a voluntary basis by food stamp
recipients, and that the Secretary was required, no later than twelve
months and eighteen months from September 29, 1977, to report the
results of the study to the Committees on Agriculture and Ways and Means
of the House of Representatives and to the Committees on Agriculture,
Nutrition, and Forestry and Finance of the Senate, together with such
recommendations as the Secretary deemed appropriate.
Subsec. (e). Pub. L. 97-253, Secs. 152(c), 190(d), redesignated
subsec. (g) as (e) and struck out former subsec. (e) which provided for
a study of the Consumer Price Index and other alternative consumer price
or cost-of-living indices.
Subsec. (f). Pub. L. 97-253, Sec. 190(d), redesignated subsec. (h)
as (f). Former subsec. (f) redesignated (d).
Subsecs. (g), (h). Pub. L. 97-253, Secs. 181, 182, 190(d), added
subsecs. (g) and (h) and redesignated them as (e) and (f), respectively.
1981--Subsec. (b)(1). Pub. L. 97-98, Sec. 1328, substituted ``may
conduct'' for ``is authorized to conduct'', ``age sixty-five or over and
any of whose members are entitled to supplemental security income
benefits under title XVI of the Social Security Act or to aid to
families with dependent children under part A of title IV of the Social
Security Act'' for ``either age sixty-five or over or entitled to
supplemental security income benefits under title XVI of the Social
Security Act'', and ``October 1, 1985'' for ``October 1, 1981'' and
inserted ``or the average value of allotments by household size'' after
``value of allotments'', ``, other than a project involving the payment
of the average value of allotments by household size in the form of cash
to eligible households,'' after ``no project'', ``and operating as of
October 1, 1981,'' after ``under this paragraph'' and ``all of whose
members are either age sixty-five or over or entitled to supplemental
security income benefits under title XVI of the Social Security Act''
before ``shall be continued''.
Subsec. (c). Pub. L. 97-98, Sec. 1329, inserted provision
authorizing the Secretary to implement pilot programs to test various
means of measuring on a continual basis the nutritional status of low
income people in order to develop minimum common criteria and methods
for systematic nutrition monitoring that could be applied on a
nationwide basis and directing the Secretary to report on the progress
of these pilot programs on an annual basis commencing on July 1, 1982,
to designated Congressional committees.
Subsec. (f). Pub. L. 97-98, Sec. 1330, added subsec. (f).
1980--Subsec. (b)(1). Pub. L. 96-249, Sec. 130, inserted provisions
requiring that any pilot or experimental project implemented under this
paragraph involving the payment of the value of allotments in the form
of cash to eligible households be continued until October 1, 1981, if
the State so requests.
Subsec. (b)(2). Pub. L. 96-249, Secs. 131, 132(a), inserted ``(ten
days in at least one pilot project area designated by the Secretary)''
after ``thirty days'' and substituted ``interim reports no later than
October 1, 1979, October 1, 1980, and March 30, 1981, shall issue a
final report describing the results of such pilot project based upon
their operation from their commencement through the fiscal year ending
September 30, 1981, and shall pay to the agencies or organizations
operating such pilot projects 50 per centum of all administrative costs
involved in such operation'' for ``an interim report no later than
October 1, 1979, and shall issue a final report describing the results
of such pilot projects no later than October 1, 1980''.
Subsec. (e). Pub. L. 96-249, Sec. 133, added subsec. (e).
1978--Subsec. (b)(2). Pub. L. 95-400 required issuance of an interim
report no later than Oct. 1, 1979, and substituted requirement for
issuance of a final report no later than Oct. 1, 1980, for prior
requirement of a final report no later than eighteen months following
Sept. 29, 1977.
1977--Pub. L. 95-113 substituted provisions relating to research,
demonstrations, and evaluations for provisions relating to the purchase
with coupons of hunting and fishing equipment for procuring food by
members of eligible households living in Alaska.
Effective Date of 2002 Amendment
Pub. L. 107-171, title IV, Sec. 4123(b), May 13, 2002, 116 Stat.
324, provided that: ``The amendments made by this section [amending this
section] take effect on the date of enactment of this Act [May 13,
2002].''
Amendment by sections 4112(b)(4), 4116(b), and 4122(b) of Pub. L.
107-171 effective Oct. 1, 2002, except as otherwise provided, see
section 4405 of Pub. L. 107-171, set out as an Effective Date note under
section 1161 of Title 2, The Congress.
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, Sec. 405(d)(2)(C)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(2)(C)] of Pub. L. 105-277 effective July 1,
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L.
105-277, set out as a note under section 3502 of Title 5, Government
Organization and Employees.
Effective Date of 1996 Amendment
Amendment by section 109(d) 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 1993 Amendment
Amendment by Pub. L. 103-66 effective, and to be implemented
beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103-66, set
out as a note under section 2025 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set
out as a note under section 1421 of this title.
Effective Date of 1990 Amendment
Amendment by sections 1729(b), 1731, and 1755 to 1759 of Pub. L.
101-624 effective Nov. 28, 1990, and amendment by section 1754 of Pub.
L. 101-624 effective Oct. 1, 1990, 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 Amendment
Amendment by Pub. L. 100-435 to be effective and implemented on Oct.
1, 1988, except that such amendment 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), (c)(2) of Pub. L. 100-435,
set out as a note under section 2012 of this title.
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. 97-98 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.
Effective Date of 1980 Amendment
Section 132(b) of Pub. L. 96-249 provided that: ``The provisions of
section 17(b)(2) of the Food Stamp Act of 1977 [subsec. (b)(2) of this
section] for the sharing of administrative costs, as added by subsection
(a) of this section, shall be effective on the date of enactment of this
Act [May 26, 1980].''
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.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to annual reports on the progress of pilot
programs, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 48 of
House Document No. 103-7.
Study of Use of Food Stamps To Purchase Vitamins and Minerals
Section 855 of Pub. L. 104-193 provided that:
``(a) In General.--The Secretary of Agriculture, in consultation
with the National Academy of Sciences and the Center for Disease Control
and Prevention, shall conduct a study on the use of food stamps provided
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase
vitamins and minerals.
``(b) Analysis.--The study shall include--
``(1) an analysis of scientific findings on the efficacy of and
need for vitamins and minerals, including--
``(A) the adequacy of vitamin and mineral intakes in low-
income populations, as shown by research and surveys conducted
prior to the study; and
``(B) the potential value of nutritional supplements in
filling nutrient gaps that may exist in the United States
population as a whole or in vulnerable subgroups in the
population;
``(2) the impact of nutritional improvements (including vitamin
or mineral supplementation) on the health status and health care
costs of women of childbearing age, pregnant or lactating women, and
the elderly;
``(3) the cost of commercially available vitamin and mineral
supplements;
``(4) the purchasing habits of low-income populations with
regard to vitamins and minerals;
``(5) the impact of using food stamps to purchase vitamins and
minerals on the food purchases of low-income households; and
``(6) the economic impact on the production of agricultural
commodities of using food stamps to purchase vitamins and minerals.
``(c) Report.--Not later than December 15, 1998, the Secretary shall
report the results of the study to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.''
Demonstration Projects for Vehicle Exclusion Limit
Section 912 of Pub. L. 102-237 provided that: ``The Secretary of
Agriculture shall solicit requests to participate in the demonstration
projects required by section 17(h) of the Food Stamp Act of 1977 (7
U.S.C. 2026(h)) by May 1, 1992. The projects shall commence operations
no later than January 1, 1993.''
Section Referred to in Other Sections
This section is referred to in sections 2016, 2020, 2027, 2035 of
this title.
