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Code · STATUTE-COMPILATIONS · Personal Responsibility and Work Opportunity Reconciliation Act of 1996 · Sec. 854

Sec. 854. SIMPLIFIED FOOD STAMP PROGRAM

1,383 words·~6 min read·/statute-compilations/comps-1793/sec-854

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 854 SIMPLIFIED FOOD STAMP PROGRAM ###
(a)In General The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: > > ## “SEC. 26 SIMPLIFIED FOOD STAMP PROGRAM > > > ### “(a) Definition of Federal Costs > > In this section, the term ‘**Federal costs**’ does not include any Federal costs incurred under section 17. > > > ### “(b) Election > > Subject to subsection (d), 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), 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 Act. > > > ##### “(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 Act 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 Act. > > > ##### “(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 5(e). 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 7; > > > ##### “(B) > > section 8(a) (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
(b)and
(d)of section 8; > > > ##### “(D) > > subsections (a), (c), (d), and
(n)of section 11; > > > ##### “(E) > > paragraphs (8), (12), (16), (18), (20), (24), and
(25)of section 11(e); > > > ##### “(F) > > section 11(e)(10) (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 16. > > > #### “(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.” > . ###
(b)State Plan Provisions Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b) and 835, is amended by adding at the end the following: > > #### “(25) > > if a State elects to carry out a Simplified Food Stamp Program under section 26, the plans of the State agency for operating the program, including— > > > ##### “(A) > > the rules and procedures to be followed by the State agency to determine food stamp benefits; > > > ##### “(B) > > how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and > > > ##### “(C) > > a description of the method by which the State agency will carry out a quality control system under section 16(c).” > . ###
(c)Conforming Amendments ####
(1)Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017), as amended by section 830, is amended— #####
(A)by striking subsection (e); and #####
(B)by redesignating subsection
(f)as subsection (e). ####
(2)Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended— #####
(A)by striking subsection (i); and #####
(B)by redesignating subsections
(j)through
(l)as subsections
(i)through (k), respectively.
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