§2035 — Title 7 Agriculture | U.S. Code

Summary

States can choose to run a simplified supplemental nutrition assistance program (called the Program) across the whole State or in part of it. "Federal costs" do not include costs under section 2026. Only households tied to a State cash assistance program under part A of title IV can take part. If no one in the household gets that State aid, the household cannot join. If everyone in the household gets that State aid, the household is automatically eligible. Households with some, but not all, members getting that State aid may join if the Secretary approves. Benefit rules can follow the State cash aid rules, regular SNAP rules, or a mix of both. The State must have a plan the Secretary approves before running the Program. The Secretary will approve a plan that follows the law and shows it will not raise Federal costs. The Secretary will check if the Program raises Federal costs. The Secretary cannot require data about households that are not in the Program and may allow different accounting periods to make the check. If the Secretary finds costs went up, the State gets written notice within 30 days. The State then has 90 days to submit a fix-it plan. If the State does not provide or follow an approved plan, the Secretary will stop the Program and bar the State from future Programs. States may use State or SNAP rules, set a standard deduction that considers work, child care, and housing costs, and must follow other listed SNAP requirements. No household can get benefits through this Program because of State aid eligibility if its income is over 130 percent of the poverty guidelines unless the Secretary allows it.

Title 7, §2035

Agriculture — Source: USLM XML via OLRC

(a)In this section, the term “Federal costs” does not include any Federal costs incurred under section 2026 of this title.

(b)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.

(c)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 supplemental nutrition assistance 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 supplemental nutrition assistance program.

(d)(1)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)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)(1)(A)The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this chapter.

(B)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)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)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)(A)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)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)(1)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.

(2)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)In operating a Program, a State or political subdivision shall comply with the requirements of—

(A)subsections (a) through (f) 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)subsections (b) and (d) of section 2017 of this title;

(D)subsections (a), (c), (d), and (n) of section 2020 of this title;

(E)paragraphs (8), (12), (15), (17), (18), (22), and (23) 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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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.

Amendments

2018—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 AmendmentAmendment 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 section 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.

§2035 Simplified Supplemental Nutrition Assistance Program

Summary

Title 7, §2035

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata