§ 2030. — Washington Family Independence Demonstration Project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2030]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2030. Washington Family Independence Demonstration Project
(a) In general
Upon written application of the State of Washington (in this section
referred to as the ``State'') and after the approval of such application
by the Secretary, the State may conduct a Family Independence
Demonstration Project (in this section referred to as the ``Project'')
in all or in part of the State in accordance with this section to
determine whether the Project, as an alternative to providing benefits
under the food stamp program, would more effectively break the cycle of
poverty and would provide families with opportunities for economic
independence and strengthened family functioning.
(b) Nature of Project
In an application submitted under subsection (a) of this section,
the State shall provide the following:
(1) Except as provided in this section, the provisions of
chapter 434 of the 1987 Washington Laws, as enacted in May 1987,
shall apply to the operation of the Project.
(2) All of the following terms and conditions shall be in effect
under the Project:
(A)(i) Except as provided in clause (ii), individuals with
respect to whom benefits may be paid under part A of title IV of
the Social Security Act [42 U.S.C. 601 et seq.], and such other
individuals as are included in the Project pursuant to chapter
434 of the 1987 Washington Laws, as enacted in May 1987, shall
be eligible to participate in the Project in lieu of receiving
benefits under the food stamp program and cash assistance under
any other Federal program covered by the Project.
(ii) Individuals who receive only child care or medical
benefits under the Project shall not be eligible to receive food
assistance under the Project. Such individuals may receive
coupons under the food stamp program if eligible.
(B) Individuals who participate in the Project shall receive
for each month an amount of cash assistance that is not less
than the total value of the assistance such individuals would
otherwise receive, in the aggregate, under the food stamp
program and any cash-assistance Federal program covered by the
Project for such month, including income and resource exclusions
and deductions, and benefit levels.
(C)(i) The State may provide a standard benefit for food
assistance under the Project, except that individuals who
participate in the Project shall receive as food assistance for
a month an amount of cash that is not less than the value of the
assistance such individuals would otherwise receive under the
food stamp program.
(ii) The State may provide a cash benefit for food
assistance equal to the value of the thrifty food plan.
(D) Each month participants in the Project shall be notified
by the State of the amount of Project assistance that is
provided as food assistance for such month.
(E) The State shall have a program to require participants
to engage in employment and training activities carried out
under chapter 434 of the 1987 Washington Laws, as enacted in May
1987.
(F) Food assistance shall be provided under the Project--
(i) to any individual who is accepted for participation
in the Project, not later than 30 days after such individual
applies to participate in the Project;
(ii) to any participant for the period that begins on
the date such participant applies to participate in the
Project, except that the amount of such assistance shall be
reduced to reflect the pro rata value of any coupons
received under the food stamp program for such period for
the benefit of such participant; and
(iii) until--
(I) the participant's cash assistance under the
Project is terminated;
(II) such participant is informed of such
termination and is advised of the eligibility
requirements for participation in the food stamp
program;
(III) the State determines whether such participant
will be eligible to receive coupons as a member of a
household under the food stamp program; and
(IV) coupons under the food stamp program are
received by such participant if such participant will be
eligible to receive coupons as a member of a household
under the food stamp program.
(G)(i) Paragraphs (1)(B), (8), (10), and (19) \1\ of section
2020(e) of this title shall apply with respect to the
participants in the Project in the same manner as such
paragraphs apply with respect to participants in the food stamp
program.
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\1\ See References in Text note below.
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(ii) 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 participate in the Project shall
receive and shall be permitted to file on the same day that such
contact is first made, an application form to participate in the
Project.
(iii) The Project shall provide for telephone contact by,
mail delivery of forms to and mail return of forms by, and
subsequent home or telephone interview with, the elderly
persons, physically or mentally handicapped, and persons
otherwise unable, solely because of transportation difficulties
and similar hardships, to appear in person.
(iv) An individual who applies to participate in the Project
may be represented by another person in the review process if
the other person has been clearly designated as the
representative of such individual for that purpose, by such
individual or the spouse of such individual, and, in the case of
the review process, the representative is an adult who is
sufficiently aware of relevant circumstances, except that the
State may--
(I) restrict the number of individuals who may be
represented by such person; and
(II) otherwise establish criteria and verification
standards for representation under this clause.
(v) The State shall provide a method for reviewing
applications to participate in the Project submitted by, and
distributing food assistance under the Project to, individuals
who do not reside in permanent dwellings or who have no fixed
mailing address. In carrying out the preceding sentence, the
State shall take such steps as are necessary to ensure that
participation in the Project is limited to eligible individuals.
(3) An assurance that the State will allow any individual to
apply to participate in the food stamp program without applying to
participate in the Project.
(4) An assurance that the cost of food assistance provided under
the Project will not be such that the aggregate amount of payments
made under this section by the Secretary to the State over the
period of the Project will exceed the sum of--
(A) the anticipated aggregate value of the coupons that
would have been distributed under the food stamp program if the
individuals who participate in the Project had participated
instead in the food stamp program; and
(B) the portion of the administrative costs for which the
State would have received reimbursement under--
(i) subsections (a) and (g) of section 2025 of this
title (without regard to the first proviso to such
subsection (g)) if the individuals who participated in the
Project had participated instead in the food stamp program;
and
(ii) section 2025(h) of this title if the individuals
who participated in the Project had participated in an
employment and training program under section 2015(d)(4) of
this title;
except that this paragraph shall not be construed to prevent the
State from claiming payments for additional households that
would qualify for benefits under the food stamp program in the
absence of a cash out of such benefits as a result of changes in
economic, demographic, and other conditions in the State or a
subsequent change in the benefit levels approved by the State
legislature.
(5) An assurance that the State will continue to carry out the
food stamp program while the State carries out the Project.
(6) If there is a change in existing State law that would
eliminate guaranteed benefits or reduce the rights of applicants or
participants under this section during, or as a result of
participation in, the Project, the Project shall be terminated.
(7) An assurance that the Project shall include procedures and
due process guarantees no less beneficial than those which are
available under Federal law and under State law to participants in
the food stamp program.
(8)(A) An assurance that, except as provided in subparagraph
(B), the State will carry out the Project during a 5-year period
beginning on the date the first individual is approved for
participation in the Project.
(B) The Project may be terminated 180 days after--
(i) the State gives notice to the Secretary that it intends
to terminate the Project; or
(ii) the Secretary, after notice and an opportunity for a
hearing, determines that the State materially failed to comply
with this section.
(c) Funding
If an application submitted under subsection (a) of this section by
the State complies with the requirements specified in subsection (b) of
this section, then the Secretary shall--
(1) approve such application; and
(2) from funds appropriated under this chapter, pay the State
for--
(A) the actual cost of the food assistance provided under
the Project; and
(B) the percentage of the administrative costs incurred by
the State to provide food assistance under the Project that is
equal to the percentage of the State's aggregate administrative
costs incurred in operating the food stamp program in the most
recent fiscal year for which data are available, that was paid
under subsections (a), (g), and (h) of section 2025 of this
title.
(d) Project application
(1) Unless and until an application to participate in the Project is
approved, and food assistance under the Project is made available to the
applicant--
(A) such application shall also be treated as an application to
participate in the food stamp program; and
(B) section 2020(e)(9) of this title shall apply with respect to
such application.
(2) Coupons provided under the food stamp program with respect to an
individual who--
(A) is participating in such program; and
(B) applies to participate in the Project;
may not be reduced or terminated because such individual applies to
participate in the Project.
(3) For households eligible to participate in the food stamp program
that contain some members who participate in the Project and other
members who do not participate in the Project, those members who do not
participate in the Project shall receive a separate benefit in food
coupons under the food stamp program that is not less than the amount of
food stamp benefits that such members would have received were the
Project not implemented.
(e) Waiver
The Secretary shall (with respect to the Project) 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) Construction
For purposes of any other Federal, State or local law--
(1) cash assistance provided under the Project that represents
food assistance shall be treated in the same manner as coupons
provided under the food stamp program are treated; and
(2) participants in the program who receive food assistance
under the Project shall be treated in the same manner as recipients
of coupons under the food stamp program are treated.
(g) Project audits
The Comptroller General of the United States may--
(1) conduct periodic audits of the operation of the Project to
verify the amounts payable to the State from time to time under
subsection (b)(4) of this section; and
(2) submit to the Secretary of Agriculture, 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.
(h) Evaluation
With funds appropriated under section 2027(a)(1) of this title, the
Secretary shall conduct, in consultation with the Secretary of Health
and Human Services, an evaluation of the Project.
(Pub. L. 88-525, Sec. 21, as added Pub. L. 100-203, title I, Sec. 1509,
Dec. 22, 1987, 101 Stat. 1330-29; amended Pub. L. 100-481, Sec. 1, Oct.
11, 1988, 102 Stat. 2336; Pub. L. 104-316, title I, Sec. 104(a), Oct.
19, 1996, 110 Stat. 3829.)
References in Text
Paragraph (19) of section 2020(e) of this title, referred to in
subsec. (b)(2)(G)(i), was redesignated paragraph (18) of section 2020(e)
of this title by Pub. L. 104-193, title VIII, Sec. 835(1)(D)(i), Aug.
22, 1996, 110 Stat. 2330.
The Social Security Act, referred to in subsec. (b)(2)(A)(i), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Social Security 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 Title 42 and Tables.
Amendments
1996--Subsec. (g). Pub. L. 104-316 substituted ``may'' for ``shall''
in introductory provisions.
1988--Subsec. (d)(3). Pub. L. 100-481 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ``For purposes of the food
stamp program, individuals who participate in the Project shall not be
considered to be members of a household during the period of such
participation.''
Effective Date of 1988 Amendment
Section 2 of Pub. L. 100-481 provided that: ``The amendment made by
this Act [amending this section] shall become effective on July 1,
1988.''
