Sec. 844. COLLECTION OF OVERISSUANCES
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## SEC. 844 COLLECTION OF OVERISSUANCES ###
(a)Collection of Overissuances Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended— ####
(1)by striking subsection
(b)and inserting the following: > > ### “(b) Collection of Overissuances > > > #### “(1) In general > > Except as otherwise provided in this subsection, a State agency shall collect any overissuance of coupons issued to a household by— > > > ##### “(A) > > reducing the allotment of the household; > > > ##### “(B) > > withholding amounts from unemployment compensation from a member of the household under subsection (c); > > > ##### “(C) > > recovering from Federal pay or a Federal income tax refund under subsection (d); or > > > ##### “(D) > > any other means. > > > #### “(2) Cost effectiveness > > Paragraph
(1)shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph
(1)are not cost effective. > > > #### “(3) Maximum reduction absent fraud > > If a household received an overissuance of coupons without any member of the household being found ineligible to participate in the program under section 6(b)(1) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— > > > ##### “(A) > > 10 percent of the monthly allotment of the household; or > > > ##### “(B) > > $10. > > > #### “(4) Procedures > > A State agency shall collect an overissuance of coupons issued to a household under paragraph
(1)in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment.” > ; and ####
(2)in subsection (d)— #####
(A)by striking “as determined under subsection
(b)and except for claims arising from an error of the State agency,” and inserting “, as determined under subsection (b)(1),”; and #####
(B)by inserting before the period at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. ###
(b)Conforming Amendments Section 11(e)(8)(C) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended— ####
(1)by striking “and excluding claims” and all that follows through “such section”; and ####
(2)by inserting before the semicolon at the end the following: “or a Federal income tax refund as authorized by section 3720A of title 31, United States Code”. ###
(c)Retention Rate The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking “25 percent during the period beginning October 1, 1990” and all that follows through “section 13(b)(2) which arise” and inserting “35 percent of the value of all funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) and 20 percent of the value of any other funds or allotments recovered or collected, except the value of funds or allotments recovered or collected that arise”.
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