In this section, the term "Federal costs" does not include any Federal costs incurred under section 2026 of this title.
Subject to subsection (d), a State may elect to carry out a simplified supplemental nutrition assistance program (referred to in this section as a "Program"), statewide or in a political subdivision of the State, in accordance with this section.
If a State elects to carry out a Program, within the State or a political subdivision of the State-
A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2).
The Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan-
The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this chapter.
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.
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.
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).
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.
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.
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 supplemental nutrition assistance program.
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.
In operating a Program, a State or political subdivision shall comply with the requirements of-
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.
7 U.S.C. § 2035
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsecs. (c) and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§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.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2018-Subsec. (b). Pub. L. 115-334 substituted "carry out a simplified supplemental nutrition assistance program" for "carry out a Simplified Food Stamp Program". 2014-Subsec. (f)(3)(C). Pub. L. 113-79 substituted "subsections" for "subsection".2008- Pub. L. 110-246, §4002(a)(12)(A), substituted "Simplified supplemental nutrition assistance program" for "Simplified Food Stamp Program" in section catchline.Subsec. (b). Pub. L. 110-246, §4002(a)(12)(B), which directed amendment of subsec. (b) by substituting "simplified supplemental nutrition assistance program" for "simplified food stamp program", could not be executed because the term "simplified food stamp program" did not appear.Subsec. (c)(4)(B), (C). Pub. L. 110-246, §4001(b), substituted "supplemental nutrition assistance program" for "food stamp program".Subsec. (f)(1). Pub. L. 110-246, §4001(b), substituted "supplemental nutrition assistance program" for "food stamp program".Subsec. (f)(3)(A). Pub. L. 110-246, §4115(b)(16)(A), substituted "subsections (a) through (f)" for "subsections (a) through (g)".Subsec. (f)(3)(E). Pub. L. 110-246, §4115(b)(16)(B), substituted "(15), (17), (18), (22), and (23)" for "(16), (18), (20), (24), and (25)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110-246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246 set out as a note under section 1161 of Title 2, The Congress.
- Household
- "Household" means-(A) an individual who lives alone or who, while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others; or(B) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption.
- Secretary
- "Secretary" means the Secretary of Agriculture.
- State agency
- "State agency" means (1) the agency of State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within such State, and in those States where such assistance programs are operated on a decentralized basis, the term shall include the counterpart local agencies administering such programs, and (2) the tribal organization of an Indian tribe determined by the Secretary to be capable of effectively administering a food distribution program under section 2013(b) of this title or a supplemental nutrition assistance program under section 2020(d) of this title.
- State
- "State" means the fifty States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this chapter for participation as a State agency.
- Supplemental nutrition assistance program
- "Supplemental nutrition assistance program" means the program operated pursuant to this chapter.