§ 2035. — Simplified Food Stamp Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2035]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2035. Simplified Food Stamp Program
(a) ``Federal costs'' defined
In this section, the term ``Federal costs'' does not include any
Federal costs incurred under section 2026 of this title.
(b) Election
Subject to subsection (d) of this section, a State may elect to
carry out a Simplified Food Stamp Program (referred to in this section
as a ``Program''), statewide or in a political subdivision of the State,
in accordance with this section.
(c) Operation of Program
If a State elects to carry out a Program, within the State or a
political subdivision of the State--
(1) a household in which no members receive assistance under a
State program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) may not participate in the Program;
(2) a household in which all members receive assistance under a
State program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) shall automatically be eligible to
participate in the Program;
(3) if approved by the Secretary, a household in which 1 or more
members but not all members receive assistance under a State program
funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) may be eligible to participate in the Program;
and
(4) subject to subsection (f) of this section, benefits under
the Program shall be determined under rules and procedures
established by the State under--
(A) a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(B) the food stamp program; or
(C) a combination of a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.) and
the food stamp program.
(d) Approval of Program
(1) State plan
A State agency may not operate a Program unless the Secretary
approves a State plan for the operation of the Program under
paragraph (2).
(2) Approval of plan
The Secretary shall approve any State plan to carry out a
Program if the Secretary determines that the plan--
(A) complies with this section; and
(B) contains sufficient documentation that the plan will not
increase Federal costs for any fiscal year.
(e) Increased Federal costs
(1) Determination
(A) In general
The Secretary shall determine whether a Program being
carried out by a State agency is increasing Federal costs under
this chapter.
(B) No excluded households
In making a determination under subparagraph (A), the
Secretary shall not require the State agency to collect or
report any information on households not included in the
Program.
(C) Alternative accounting periods
The Secretary may approve the request of a State agency to
apply alternative accounting periods to determine if Federal
costs do not exceed the Federal costs had the State agency not
elected to carry out the Program.
(2) Notification
If the Secretary determines that the Program has increased
Federal costs under this chapter for any fiscal year or any portion
of any fiscal year, the Secretary shall notify the State not later
than 30 days after the Secretary makes the determination under
paragraph (1).
(3) Enforcement
(A) Corrective action
Not later than 90 days after the date of a notification
under paragraph (2), the State shall submit a plan for approval
by the Secretary for prompt corrective action that is designed
to prevent the Program from increasing Federal costs under this
chapter.
(B) Termination
If the State does not submit a plan under subparagraph (A)
or carry out a plan approved by the Secretary, the Secretary
shall terminate the approval of the State agency operating the
Program and the State agency shall be ineligible to operate a
future Program.
(f) Rules and procedures
(1) In general
In operating a Program, a State or political subdivision of a
State may follow the rules and procedures established by the State
or political subdivision under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or
under the food stamp program.
(2) Standardized deductions
In operating a Program, a State or political subdivision of a
State may standardize the deductions provided under section 2014(e)
of this title. In developing the standardized deduction, the State
shall consider the work expenses, dependent care costs, and shelter
costs of participating households.
(3) Requirements
In operating a Program, a State or political subdivision shall
comply with the requirements of--
(A) subsections (a) through (g) of section 2016 of this
title;
(B) section 2017(a) of this title (except that the income of
a household may be determined under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.));
(C) subsection \1\ (b) and (d) of section 2017 of this
title;
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\1\ So in original. Probably should be ``subsections''.
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(D) subsections (a), (c), (d), and (n) of section 2020 of
this title;
(E) paragraphs (8), (12), (16), (18), (20), (24), and (25)
of section 2020(e) of this title;
(F) section 2020(e)(10) of this title (or a comparable
requirement established by the State under a State program
funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)); and
(G) section 2025 of this title.
(4) Limitation on eligibility
Notwithstanding any other provision of this section, a household
may not receive benefits under this section as a result of the
eligibility of the household under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.),
unless the Secretary determines that any household with income above
130 percent of the poverty guidelines is not eligible for the
program.
(Pub. L. 88-525, Sec. 26, as added Pub. L. 104-193, title VIII,
Sec. 854(a), Aug. 22, 1996, 110 Stat. 2340.)
References in Text
The Social Security Act, referred to in subsecs. (c) and (f), 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
Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2016, 2020, 2026 of this
title.
