§ 2031. — Food stamp portion of Minnesota Family Investment Plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2031]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 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.
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\1\ See References in Text note below.
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(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.
(Pub. L. 88-525, Sec. 22, as added Pub. L. 101-202, Dec. 6, 1989, 103
Stat. 1796; amended Pub. L. 102-237, title IX, Sec. 941(11), Dec. 13,
1991, 105 Stat. 1893; Pub. L. 107-171, title IV, Sec. 4118(d), May 13,
2002, 116 Stat. 321.)
References in Text
The Social Security Act, referred to in subsecs. (a), (b)(2),
(3)(A), (B)(ii), (iii), (C)(ii), (iii), (5), (7), and (g)(1), 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.
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.
Section 482 of the Social Security Act, referred to in subsec.
(b)(11), was classified to section 682 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.
Amendments
Subsec. (h). Pub. L. 107-171 substituted ``section 2025(c)(1) of
this title'' for ``section 2025(c)(1)(C) of this title'' and struck out
``Payments for administrative costs incurred by the State shall be
included for purposes of establishing the adjustment under section
2025(c)(1)(A) of this title.'' at end.
1991--Pub. L. 102-237, Sec. 941(11)(A), inserted section catchline.
Subsec. (d)(2)(B). Pub. L. 102-237, Sec. 941(11)(B), substituted
``subsection (b)(3)(D)(iii)'' for ``paragraph (b)(3)(D)(iii)''.
Subsec. (h). Pub. L. 102-237, Sec. 941(11)(C), substituted
``subsection (b)(12)'' for ``subsection b(12)''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-171 not applicable with respect to any
sanction, appeal, new investment agreement, or other action by the
Secretary of Agriculture or a State agency that is based on a payment
error rate calculated for any fiscal year before fiscal year 2003, see
section 4118(e) of Pub. L. 107-171, set out as a note under section 2022
of this title.''
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 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.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(f)(2) of this section relating to submitting reports on periodic audits
to certain committees of Congress, 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 2 of House Document No. 103-7.
