
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
