United States Code (Last Updated: May 24, 2014) |
Title 7. AGRICULTURE |
Chapter 51. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM |
§ 2012. Definitions
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As used in this chapter, the term: (a) “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter. (b) “Allotment” means the total value of benefits a household is authorized to receive during each month. (c) “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness. (d) Benefit.— The term “benefit” means the value of supplemental nutrition assistance provided to a household by means of— (1) an electronic benefit transfer under section 2016(i) of this title; or (2) other means of providing assistance, as determined by the Secretary. (e) Benefit Issuer.— The term “benefit issuer” means any office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated functional responsibility in connection with, the issuance of benefits to households. (f) “Certification period” means the period for which households shall be eligible to receive benefits. The certification period shall not exceed 12 months, except that the certification period may be up to 24 months if all adult household members are elderly or disabled. A State agency shall have at least 1 contact with each certified household every 12 months. The limits specified in this subsection may be extended until the end of any transitional benefit period established under section 2020(s) of this title. (g) “Coupon” means any coupon, stamp, type of certificate, authorization card, cash or check issued in lieu of a coupon. (h) “Drug addiction or alcoholic treatment and rehabilitation program” means any such program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics. (i) EBT Card.— The term “EBT card” means an electronic benefit transfer card issued under section 2016(i) of this title. (j) “Elderly or disabled member” means a member of a household who— (1) is sixty years of age or older; (2) (A) receives supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or Federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93–66 (42 U.S.C. 1382 note), or (B) receives Federally or State administered supplemental assistance of the type described in section 1616(a) of the Social Security Act (42 U.S.C. 1382e(a)), interim assistance pending receipt of supplemental security income, disability-related medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or disability-based State general assistance benefits, if the Secretary determines that such benefits are conditioned on meeting disability or blindness criteria at least as stringent as those used under title XVI of the Social Security Act; (3) receives disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] or receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); (4) is a veteran who— (A) has a service-connected or non-service-connected disability which is rated as total under title 38; or (B) is considered in need of regular aid and attendance or permanently housebound under such title; (5) is a surviving spouse of a veteran and— (A) is considered in need of regular aid and attendance or permanently housebound under title 38; or (B) is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under title 38, and has a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); (6) is a child of a veteran and— (A) is considered permanently incapable of self-support under section 1314 of title 38; or (B) is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under title 38, and has a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i)); or (7) is an individual receiving an annuity under section 2(a)(1)(iv) or 2(a)(1)(v) of the Railroad Retirement Act of 1974 (45 U.S.C. 231a(a)(1)(iv) or 231a(a)(1)(v)), if the individual’s service as an employee under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], after December 31, 1936 , had been included in the term “employment” as defined in the Social Security Act [42 U.S.C. 301 et seq.], and if an application for disability benefits had been filed.(k) “Food” means (1) any food or food product for home consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection, and any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether the fee is included in the shelf price posted for the food or food product, (2) seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, (3) in the case of those persons who are sixty years of age or over or who receive supplemental security income benefits or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and their spouses, meals prepared by and served in senior citizens’ centers, apartment buildings occupied primarily by such persons, public or private nonprofit establishments (eating or otherwise) that feed such persons, private establishments that contract with the appropriate agency of the State to offer meals for such persons at concessional prices subject to section 2018(h) of this title, and meals prepared for and served to residents of federally subsidized housing for the elderly, (4) in the case of persons sixty years of age or over and persons who are physically or mentally handicapped or otherwise so disabled that they are unable adequately to prepare all of their meals, meals prepared for and delivered to them (and their spouses) at their home by a public or private nonprofit organization or by a private establishment that contracts with the appropriate State agency to perform such services at concessional prices subject to section 2018(h) of this title, (5) in the case of narcotics addicts or alcoholics, and their children, served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs, (6) in the case of certain eligible households living in Alaska, equipment for procuring food by hunting and fishing, such as nets, hooks, rods, harpoons, and knives (but not equipment for purposes of transportation, clothing, or shelter, and not firearms, ammunition, and explosives) if the Secretary determines that such households are located in an area of the State where it is extremely difficult to reach stores selling food and that such households depend to a substantial extent upon hunting and fishing for subsistence, (7) in the case of disabled or blind recipients of benefits under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and individuals described in paragraphs (2) through (7) of subsection (j) of this section, who are residents in a public or private nonprofit group living arrangement that serves no more than sixteen residents and is certified by the appropriate State agency or agencies under regulations issued under section 1616(e) of the Social Security Act [42 U.S.C. 1382e(e)] or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section, meals prepared and served under such arrangement, (8) in the case of women and children temporarily residing in public or private nonprofit shelters for battered women and children, meals prepared and served, by such shelters, and (9) in the case of households that do not reside in permanent dwellings and households that have no fixed mailing addresses, meals prepared for and served by a public or private nonprofit establishment (approved by an appropriate State or local agency) that feeds such individuals and by private establishments that contract with the appropriate agency of the State to offer meals for such individuals at concessional prices subject to section 2018(h) of this title. (l) “Homeless individual” means— (1) an individual who lacks a fixed and regular nighttime residence; or (2) an individual who has a primary nighttime residence that is— (A) a supervised publicly or privately operated shelter (including a welfare hotel or congregate shelter) designed to provide temporary living accommodations; (B) an institution that provides a temporary residence for individuals intended to be institutionalized; (C) a temporary accommodation for not more than 90 days in the residence of another individual; or (D) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (m) (1) “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. (2) Spouses who live together, parents and their children 21 years of age or younger who live together, and children (excluding foster children) under 18 years of age who live with and are under the parental control of a person other than their parent together with the person exercising parental control shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so. (3) Notwithstanding paragraphs (1) and (2), an individual who lives with others, who is sixty years of age or older, and who is unable to purchase food and prepare meals because such individual suffers, as certified by a licensed physician, from a disability which would be considered a permanent disability under section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with any of the others who is the spouse of such individual, an individual household, without regard to the purchase of food and preparation of meals, if the income (as determined under section 2014(d) of this title) of the others, excluding the spouse, does not exceed the poverty line, as described in section 2014(c)(1) of this title, by more than 65 per centum. (4) In no event shall any individual or group of individuals constitute a household if they reside in an institution or boarding house, or else live with others and pay compensation to the others for meals. (5) For the purposes of this subsection, the following persons shall not be considered to be residents of institutions and shall be considered to be individual households: (A) Residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]. (B) Individuals described in paragraphs (2) through (7) of subsection (j) of this section, who are residents in a public or private nonprofit group living arrangement that serves no more than sixteen residents and is certified by the appropriate State agency or agencies under regulations issued under section 1616(e) of the Social Security Act [42 U.S.C. 1382e(e)] or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under that section. (C) Temporary residents of public or private nonprofit shelters for battered women and children. (D) Residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for benefits. (E) Narcotics addicts or alcoholics, together with their children, who live under the supervision of a private nonprofit institution, or a publicly operated community mental health center, for the purpose of regular participation in a drug or alcoholic treatment program. (n) “Reservation” means the geographically defined area or areas over which a tribal organization exercises governmental jurisdiction. (o) “Retail food store” means— (1) an establishment or house-to-house trade route that sells food for home preparation and consumption and— (A) offers for sale, on a continuous basis, a variety of at least 7 foods in each of the 4 categories of staple foods specified in subsection (r)(1) of this section, including perishable foods in at least 3 of the categories; or (B) has over 50 percent of the total sales of the establishment or route in staple foods, as determined by visual inspection, sales records, purchase records, counting of stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry; (2) an establishment, organization, program, or group living arrangement referred to in paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k); (3) a store purveying the hunting and fishing equipment described in subsection (k)(6); (4) any private nonprofit cooperative food purchasing venture, including those in which the members pay for food purchased prior to the receipt of such food, or agricultural producers who market agricultural products directly to consumers; and (5) a governmental or private nonprofit food purchasing and delivery service that— (A) purchases food for, and delivers the food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) physically or mentally handicapped or otherwise disabled; (B) clearly notifies the participating household at the time the household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to the household by the service; and (ii) that a delivery fee cannot be paid with benefits provided under supplemental nutrition assistance program; and (C) sells food purchased for the household at the price paid by the service for the food and without any additional cost markup. (p) “Secretary” means the Secretary of Agriculture. (q) (1) Except as provided in paragraph (2), “staple foods” means foods in the following categories: (A) Meat, poultry, or fish. (B) Bread or cereals. (C) Vegetables or fruits. (D) Dairy products. (2) “Staple foods” do not include accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices. (r) “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. (s) “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. (t) “Supplemental nutrition assistance program” means the program operated pursuant to this chapter. (u) “Thrifty food plan” means the diet required to feed a family of four persons consisting of a man and a woman twenty through fifty, a child six through eight, and a child nine through eleven years of age, determined in accordance with the Secretary’s calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition, except that the Secretary shall— (1) make household-size adjustments (based on the unrounded cost of such diet) taking into account economies of scale; (2) make cost adjustments in the thrifty food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska; (3) make cost adjustments in the separate thrifty food plans for Guam, and the Virgin Islands of the United States to reflect the cost of food in those States, but not to exceed the cost of food in the fifty States and the District of Columbia; and (4) on October 1, 1996 , and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the preceding June, and round the result to the nearest lower dollar increment for each household size, except that onOctober 1, 1996 , the Secretary may not reduce the cost of the diet in effect onSeptember 30, 1996 , and except that onOctober 1, 2003 , in the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect onSeptember 30, 2002 .(v) “Tribal organization” means the recognized governing body of an Indian tribe (including the tribally recognized intertribal organization of such tribes), as the term “Indian tribe” is defined in the Indian Self-Determination Act (25 U.S.C. 450b(b)), as well as any Indian tribe, band, or community holding a treaty with a State government.
References In Text
The Social Security Act, referred to in subsecs. (c), (j), (k), and (m)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Titles I, II, X, XIV, XVI, XVIII, and XIX of the Social Security Act are classified generally to subchapters I (§ 301 et seq.), II (§ 401 et seq.), X (§ 1201 et seq.), XIV (§ 1351 et seq.), XVI (§ 1381 et seq.), XVIII (§ 1395 et seq.), and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Public Health Service Act, referred to in subsec. (h), is act July 1, 1944, ch. 373, 58 Stat. 682. Part B of title XIX of the Act is classified generally to part B (§ 300x et seq.) of subchapter XVII of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
The Railroad Retirement Act of 1974, referred to in subsec. (j)(7), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101,
The Indian Self-Determination Act (25 U.S.C. 450b(b)), referred to in subsec. (v), probably means the Indian Self-Determination and Education Assistance Act, Pub. L. 93–638,
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
2014—Subsec. (g). Pub. L. 113–79, § 4030(a)(1), substituted “coupon” for “coupon,” before period at end.
Subsec. (k). Pub. L. 113–79, § 4014(c), inserted “subject to section 2018(h) of this title” after “concessional prices” wherever appearing.
Subsec. (k)(1). Pub. L. 113–79, § 4001, substituted “hot foods” for “and hot foods” and inserted at end “and any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether the fee is included in the shelf price posted for the food or food product,”.
Subsec. (k)(7). Pub. L. 113–79, § 4030(a)(2), substituted “and individuals” for “or are individuals”.
Subsec. (l) to (o). Pub. L. 113–79, § 4030(a)(3), (4), redesignated subsecs. (m) to (p) as (l) to (o), respectively, and struck out former subsec. (l) which read as follows: “ ‘Supplemental nutrition assistance program’ means the program operated pursuant to the provisions of this chapter.”
Subsec. (o)(4). Pub. L. 113–79, § 4012, inserted “, or agricultural producers who market agricultural products directly to consumers” after “such food”.
Subsec. (p). Pub. L. 113–79, § 4030(a)(4), redesignated subsec. (q) as (p). Former subsec. (p) redesignated (o).
Subsec. (p)(1)(A). Pub. L. 113–79, § 4002(a), inserted “at least 7” after “a variety of” and substituted “at least 3” for “at least 2”.
Subsec. (p)(5). Pub. L. 113–79, § 4003(a), added par. (5).
Subsecs. (q) to (s). Pub. L. 113–79, § 4030(a)(4), redesignated subsecs. (r) to (t) as (q) to (s), respectively. Former subsec. (q) redesignated (p).
Subsec. (t). Pub. L. 113–79, § 4030(a)(5), added subsec. (t).
Pub. L. 113–79, § 4030(a)(4), redesignated subsec. (t) as (s).
2008—Pub. L. 110–246, § 4115(b)(1)(M), redesignated subsecs. (a) to (v) as (b), (d), (f), (g), (e), (h), (k), (l), (n), (o), (p), (q), (s), (t), (u), (v), (c), (j), (m), (a), (r), and (i), respectively.
Subsec. (a). Pub. L. 110–246, § 4115(b)(1)(A), substituted “benefits” for “coupons”.
Subsec. (b). Pub. L. 110–246, § 4115(b)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: “ ‘Authorization card’ means the document issued by the State agency to an eligible household which shows the allotment the household is entitled to be issued.”
Subsec. (c). Pub. L. 110–246, § 4115(b)(1)(C), substituted “benefits” for “authorization cards” in first sentence.
Subsec. (d). Pub. L. 110–246, § 4115(b)(1)(D), struck out “or access device, including an electronic benefit transfer card or personal identification number, issued pursuant to the provisions of this chapter” before period at end.
Subsec. (e). Pub. L. 110–246, § 4115(b)(1)(E), inserted heading and substituted “The term ‘benefit issuer’ means” for “ ‘Coupon issuer’ means” and “benefits” for “coupons”.
Subsec. (g)(7). Pub. L. 110–246, § 4115(b)(1)(F), substituted “subsection (j)” for “subsection (r)”.
Subsec. (h). Pub. L. 110–246, § 4001(b), which directed the substitution of “supplemental nutrition assistance program” for “food stamp program” wherever appearing, was executed by substituting “Supplemental nutrition assistance program” for “Food stamp program”, to reflect the probable intent of Congress.
Subsec. (i)(5)(B). Pub. L. 110–246, § 4115(b)(1)(G)(i), substituted “subsection (j)” for “subsection (r)”.
Subsec. (i)(5)(D). Pub. L. 110–246, § 4115(b)(1)(G)(ii), substituted “benefits” for “coupons”.
Subsec. (j). Pub. L. 110–246, § 4115(b)(1)(H), struck out “(as that term is defined in subsection (p) of this section)” after “tribal organization”.
Subsec. (k)(1)(A). Pub. L. 110–246, § 4115(b)(1)(I)(i), substituted “subsection (r)(1)” for “subsection (u)(1)”.
Subsec. (k)(2). Pub. L. 110–246, § 4115(b)(1)(I)(ii), substituted “paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k)” for “subsections (g)(3), (4), (5), (7), (8), and (9) of this section”.
Subsec. (k)(3). Pub. L. 110–246, § 4115(b)(1)(I)(iii), substituted “subsection (k)(6)” for “subsection (g)(6) of this section”.
Subsec. (n). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (t). Pub. L. 110–246, § 4115(b)(1)(J), inserted “, including point of sale devices,” after “other means of access”.
Subsec. (u)(1). Pub. L. 110–246, § 4115(b)(1)(K), struck out “(as defined in subsection (g) of this section)” after “foods” in introductory provisions.
Subsec. (v). Pub. L. 110–246, § 4115(b)(1)(L), added subsec. (v).
2004—Subsec. (o)(4). Pub. L. 108–199 inserted before period at end “, and except that on
2002—Subsec. (c). Pub. L. 107–171, § 4115(b)(1), inserted at end “The limits specified in this subsection may be extended until the end of any transitional benefit period established under section 2020(s) of this title.”
Subsec. (i)(1). Pub. L. 107–171, § 4112(b)(1)(A), (B), designated first sentence as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively.
Subsec. (i)(2). Pub. L. 107–171, § 4112(b)(1)(C), designated second sentence as par. (2). Former par. (2) redesignated subpar. (B) of par. (1).
Subsec. (i)(3). Pub. L. 107–171, § 4112(b)(1)(D), (E), designated third sentence as par. (3) and substituted “Notwithstanding paragraphs (1) and (2)” for “Notwithstanding the preceding sentences”.
Subsec. (i)(4). Pub. L. 107–171, § 4112(b)(1)(F), designated fourth sentence as par. (4).
Subsec. (i)(5). Pub. L. 107–171, § 4112(b)(1)(G), (H), designated fifth sentence as par. (5), substituted “For the purposes of this subsection, the following persons shall not be considered to be residents of institutions and shall be considered to be individual households:” for “For the purposes of this subsection,”, restructured the remainder of that sentence into five sentences and designated them as subpars. (A) to (E) respectively, and struck out “shall not be considered residents of institutions and shall be considered individual households” at end.
1996—Subsec. (c). Pub. L. 104–193, § 801, substituted second and third sentences containing provisions relating to limits on certification period and requirement of yearly contact with household for provisions setting limits to certification period for households required to submit periodic reports, households whose members all receive federal assistance grant, households of unemployable, elderly or primarily self-employed individuals, and all other households, and allowing waivers.
Subsec. (d). Pub. L. 104–193, § 802, substituted “type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic benefit transfer card or personal identification number,” for “or type of certificate”.
Subsec. (i). Pub. L. 104–193, § 803, in second sentence, struck out “(who are not themselves parents living with their children or married and living with their spouses)” after “age or younger”.
Subsec. (o). Pub. L. 104–193, § 804, in second sentence, substituted “the Secretary shall—” for “the Secretary shall”, realigned margins of pars. (1) to (3), substituted semicolon for comma at end of pars. (1) and (2) and “; and” for comma at end of par. (3), added par. (4), and struck out former pars. (4) to (11) which authorized adjustment of cost of thrifty food plan diet to reflect changes in cost of food constituting diet for period from
Subsec. (s)(2)(C). Pub. L. 104–193, § 805, inserted “for not more than 90 days” after “temporary accommodation”.
1994—Subsec. (c). Pub. L. 103–225, § 101(b)(1), substituted “Except as provided in section 2015(c)(1)(C) of this title, for” for “For”.
Subsec. (k). Pub. L. 103–225, § 201(1), realigned margins of pars. (1) to (4), substituted semicolon for comma at end of pars. (2) and (3), and substituted “means—” for “means” and par. (1) for former par. (1) which read as follows: “an establishment or recognized department thereof or house-to-house trade route, over 50 per centum of whose food sales volume, as determined by visual inspection, sales records, purchase records, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry, consists of staple food items for home preparation and consumption, such as meat, poultry, fish, bread, cereals, vegetables, fruits, dairy products, and the like, but not including accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices,”.
Subsec. (o)(11). Pub. L. 103–354 inserted “and (in the case of households residing in Alaska) on
Subsec. (u). Pub. L. 103–225, § 201(2), added subsec. (u).
1993—Subsec. (g)(5). Pub. L. 103–66, § 13932(2), inserted “, and their children,” after “or alcoholics”.
Subsec. (i). Pub. L. 103–66, § 13932(1), in last sentence inserted “, together with their children,” after “narcotics addicts or alcoholics”.
Pub. L. 103–66, § 13931, in first sentence, substituted “or (2) a group of individuals” for “(2) a group of individuals” and substituted a period for “, ” after end of cl. (2), inserted “Spouses who live together, parents and their children 21 years of age or younger (who are not themselves parents living with their children or married and living with their spouses) who live together, and children (excluding foster children) under 18 years of age who live with and are under the parental control of a person other than their parent together with the person exercising parental control” before “shall be treated as a group of individuals” to create new second sentence and struck out “, unless one of the parents, or siblings, is an elderly or disabled member” after “if they do not do so”, and in next sentence substituted “Notwithstanding the preceding sentences” for “Notwithstanding clause (1) of the preceding sentence”.
1992—Subsec. (o)(11). Pub. L. 102–351 inserted before period at end “, except that on
1991—Subsecs. (g)(7), (i). Pub. L. 102–237, § 901, inserted “, or are individuals described in paragraphs (2) through (7) of subsection (r) of this section,” after “title I, II, X, XIV, or XVI of the Social Security Act”.
Subsec. (j). Pub. L. 102–237, § 941(1)(A), made technical amendment to reference to subsection (p) of this section involving corresponding provision of original act.
Subsec. (o)(6). Pub. L. 102–237, § 941(1)(B), substituted “percent” for “per centun” [sic].
Subsec. (r)(6)(A). Pub. L. 102–83 substituted “section 1314 of title 38” for “section 414 of title 38”.
Subsecs. (t), (u). Pub. L. 102–237, § 941(1)(C), redesignated subsec. (u) as (t).
1990—Subsec. (g)(3). Pub. L. 101–624, § 1712(a)(1), substituted “or disability or blindness payments under title I, II, X, XIV, or XVI” for “under title XVI”.
Subsec. (g)(7). Pub. L. 101–624, § 1712(a)(2), substituted “title I, II, X, XIV, or XVI” for “title II or title XVI”, and inserted “or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section”.
Subsec. (g)(9). Pub. L. 101–624, § 1713(a), substituted “individuals and by private establishments that contract with the appropriate agency of the State to offer meals for such individuals at concessional prices” for “individuals and by a public or private nonprofit shelter (approved by an appropriate State or local agency) in which such households temporarily reside (except that such establishments and shelters may only request voluntary use of food stamps by such individuals and may not request such households to pay more than the average cost of the food contained in a meal served by the establishment or shelter).”
Subsec. (i). Pub. L. 101–624, § 1712(b), substituted “title I, II, X, XIV, or XVI” for “title II or title XVI”, and inserted “or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under such section”.
Subsec. (u). Pub. L. 101–624, § 1747(b), added subsec. (u).
1988—Subsec. (o). Pub. L. 100–435, § 120, inserted “through
Subsec. (r)(2). Pub. L. 100–435, § 350, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “receives supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), federally or State administered supplemental benefits of the type described in section 1616(a) of the Social Security Act if the Secretary determines that such benefits are conditioned on meeting the disability or blindness criteria used under title XVI of the Social Security Act, or federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93–66 (42 U.S.C. 1382 note);”.
1987—Subsec. (i). Pub. L. 100–77, § 802(a), substituted “(2)” for “or (2)”, inserted cl. (3), and inserted “(other than as provided in clause (3))” after “except that”.
Subsec. (s). Pub. L. 100–77, § 801, added subsec. (s).
1986—Subsec. (g). Pub. L. 99–570, § 11002(a), substituted “(8), and (9)” for “and (8)” in cl. (1) and added cl. (9).
Subsec. (i). Pub. L. 99–570, § 11002(b), inserted “residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for coupons,”.
Subsec. (k). Pub. L. 99–570, § 11002(c), substituted “(8), and (9)” for “and (8)”.
1985—Subsec. (f). Pub. L. 99–198, § 1501(a)(1), substituted “, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide” for “which is certified by the State agency or agencies designated by the Governor as responsible for the administration of the State’s programs for alcoholics and drug addicts pursuant to Public Law 91–616 (Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970) and Public Law 92–255 (Drug Abuse Prevention, Treatment, and Rehabilitation Act) as providing”.
Subsec. (i). Pub. L. 99–198, § 1501(a)(2), inserted “, or a publicly operated community mental health center,” after “private nonprofit institution” in last sentence.
Subsec. (k). Pub. L. 99–198, § 1502, inserted “, as determined by visual inspection, sales records, purchase records, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry,” in cl. (1).
Subsec. (o). Pub. L. 99–198, § 1503, substituted “fifty” for “fifty-four”.
Subsec. (r)(2). Pub. L. 99–198, § 1504(1), inserted “, federally or State administered supplemental benefits of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] if the Secretary determines that such benefits are conditioned on meeting the disability or blindness criteria used under title XVI of the Social Security Act, or federally or State administered supplemental benefits of the type described in section 212(a) of Public Law 93–66 (42 U.S.C. 1382 note)”.
Subsec. (r)(3). Pub. L. 99–198, § 1504(2), inserted “or receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act (42 U.S.C. 421(i))”.
Subsec. (r)(4)(A). Pub. L. 99–198, § 1504(3), inserted “or non-service-connected” after “service-connected”.
Subsec. (r)(7). Pub. L. 99–198, § 1504(4)–(6), added par. (7).
1983—Subsec. (c). Pub. L. 98–204, § 3(1), substituted “the foregoing limits on the certification period may, with the approval of the Secretary, be waived by a State agency for certain categories of households where such waiver will improve the administration of the program” for “the limit of twelve months may be waived by the Secretary to improve the administration of the program” in provisions preceding par. (1).
Subsec. (c)(2). Pub. L. 98–204, § 3(2), inserted provision that “The maximum limit of twelve months for such period under the foregoing proviso may be waived by the Secretary where such waiver will improve the administration of the program.”
1982—Subsec. (i). Pub. L. 97–253, §§ 142, 145(b), substituted “except that parents and children, or siblings, who live together shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so, unless one of the parents, or siblings, is an elderly or disabled member” for “except that parents and children who live together shall be treated as a group of individuals who customarily purchase and prepare meals together for home consumption even if they do not do so, unless one of the parents is sixty years of age or older, or receives supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act”, and inserted provision that notwithstanding cl. (1) of the preceding sentence, an individual who lives with others, who is sixty years of age or older, and who is unable to purchase food and prepare meals because such individual suffers, as certified by a licensed physician, from a disability which would be considered a permanent disability under section 221(i) of the Social Security Act (42 U.S.C. 421(i)) or from a severe, permanent, and disabling physical or mental infirmity which is not symptomatic of a disease shall be considered, together with any of the others who is the spouse of such individual, an individual household, without regard to the purchase of food and preparation of meals, if the income (as determined under section 2014(d) of this title) of the others, excluding the spouse, does not exceed the poverty line, as described in section 2014(c)(1) of this title, by more than 65 per centum.
Subsec. (o)(1). Pub. L. 97–253, § 143(a)(1), substituted “adjustments (based on the unrounded cost of such diet)” for “adjustments”.
Subsec. (o)(6). Pub. L. 97–253, §§ 143(a)(2), 144, substituted provisions requiring the Secretary, on
Subsec. (o)(7). Pub. L. 97–253, §§ 143(a)(2), 144, substituted provisions requiring the Secretary, on
Subsec. (o)(8). Pub. L. 97–253, §§ 143(a)(2), 144, added and amended par. (8).
Subsec. (r). Pub. L. 97–253, § 145(a), added subsec. (r).
1981—Subsec. (c). Pub. L. 97–35, § 108(a), inserted provisions respecting waiver of twelve-month period for improvement of program.
Subsec. (i). Pub. L. 97–98, § 1302, inserted provision relating to supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act.
Pub. L. 97–35, §§ 101, 102, inserted provisions relating to treatment as a group of parents and children who live together, and restructured provisions respecting living with others and paying compensation for meals.
Subsec. (m). Pub. L. 97–35, § 116(a)(1), struck out reference to Puerto Rico.
Subsec. (o). Pub. L. 97–98, §§ 1303, 1304, substituted in cl. (2) “Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska” for “Alaska and Hawaii to reflect the cost of food in those States”, in cl. (6) provision that on
Pub. L. 97–35, §§ 103, 116(a)(1) struck out applicability to Puerto Rico in clause (3), substituted provisions respecting adjustments on
1980—Subsec. (c). Pub. L. 96–249, § 111, inserted provisions requiring that for those households that are required to submit periodic reports under section 2015(c)(1) of this title, the certification period be at least six months but no longer than twelve months.
Subsec. (f). Pub. L. 96–181 substituted “Drug Abuse Prevention, Treatment, and Rehabilitation Act” for “Drug Abuse Office and Treatment Act of 1972”.
Subsec. (g). Pub. L. 96–249, § 101(a)(1)–(3), substituted “(7), and (8)” for “and (7)” in cl. (1) and added cl. (8).
Subsec. (i). Pub. L. 96–249, § 101(a)(4), inserted “temporary residents of public or private nonprofit shelters for battered women and children,” after “section 1616(e) of the Social Security Act,”.
Subsec. (k)(2). Pub. L. 96–249, § 101(a)(5), substituted “(7), and (8)” for “and (7)”.
Subsec. (o). Pub. L. 96–249, § 135, inserted “through
1979—Subsec. (g). Pub. L. 96–58, § 7(1)–(3), substituted “clauses (3), (4), (5), and (7)” for “clauses (3), (4), and (5)” and added cl. (7) relating to disabled or blind recipients of benefits who are residents in certain public or private nonprofit group living arrangements.
Subsec. (i). Pub. L. 96–58, § 7(4), (5), inserted provisions relating to disabled or blind recipients of benefits who are residents in certain public or private nonprofit group living arrangements and inserted provisions that all residents of federally subsidized housing for the elderly, disabled or blind recipients of benefits, and narcotic addicts or alcoholics who live under the supervision of a private nonprofit institution for the purpose of regular participation in a drug or alcoholic treatment program be considered individual households.
Subsec. (k). Pub. L. 96–58, § 7(6), inserted reference to group living arrangements referred to in subsec. (g)(7) of this section in cl. (2).
Subsec. (q). Pub. L. 96–58, § 3, added subsec. (q).
1977—Pub. L. 95–113 redefined terms “Secretary”, “food”, “coupon”, “household”, “retail food store”, “State agency”, “State”, “food stamp program”, and “drug addiction or alcoholic treatment and rehabilitation program” and changed designations of those terms, as thus redefined, from subsecs. (a), (b), (c), (e), (f), (h), (j), (k), and (n), respectively, to (l), (g), (d), (i), (k), (n), (m), (h), and (f), substituted definitions of “allotment”, “authorization card”, and “coupon issuer” for “coupon allotment”, “authorization to purchase card”, and “coupon vendor”, respectively, and changed designations of those terms as thus substituted from subsecs. (d), (m), and (o), respectively, to (a), (b), and (e), struck out definitions of “wholesale food concern”, “bank”, and “elderly person” which had been set out, respectively, in subsecs. (g), (i), and (l), and inserted definitions of “certification period”, “reservation”, “thrifty food plan”, and “tribal organization” in subsecs. (c), (j), (o), and (p), respectively.
1976—Subsec. (o). Pub. L. 94–339 added subsec. (o).
1973—Subsec. (b). Pub. L. 93–86, § 3(l), substituted “home” for “human” and substituted provisions including in definition of “food” seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, for provisions excluding from such definition foods identified on the package as imported and imported meat and meat products.
Subsec. (e). Pub. L. 93–125 substituted “foregoing” for “foreoging”.
Pub. L. 93–86, § 3(a), (b), (p), inserted provision of cl. (3) relating to inclusion of narcotic addict or alcoholic within definition of “household” and provision relating to residents of federally subsidized housing for the elderly, and substituted provisions relating to the treatment of individuals receiving supplemental security income benefits under subchapter XVI of chapter 7 of title 42, for provisions relating to the treatment of persons eligible to receive supplemental security income benefits under subchapter XVI of chapter 7 of title 42.
Subsec. (f). Pub. L. 93–86, § 3(o), inserted references to nonprofit institution and section 2019(i) of this title.
Subsec. (n). Pub. L. 93–86, § 3(c), added subsec. (n).
1972—Subsec. (e). Pub. L. 92–603, § 411(a), inserted provision that persons eligible or would be eligible to receive supplemental security income benefits under sections 1381 to 1383c of Title 42, may not be considered as members of a household or elderly persons under this chapter.
Subsec. (h). Pub. L. 92–603, § 411(b), substituted provisions defining State agency as the agency designated by the Secretary for carrying out this chapter in such state, for provisions defining it as the agency having the responsibility for the administration of the federally aided public assistance program.
1971—Subsec. (e). Pub. L. 91–671, § 2(a), substituted in definition of “household”, “related individuals (including legally adopted children and legally assigned foster children) or non-related individuals over age 60 who are not residents” for “related or non-related individuals, who are not residents”, designated existing provisions as cl. (1), and added cl. (2).
Subsec. (f). Pub. L. 91–671, § 2(b), included in definition of “retail food store” a political subdivision or a private nonprofit organization that meets requirements of section 2019(h) of this title.
Subsec. (j). Pub. L. 91–671, § 2(c), included in definition of “State” Guam, Puerto Rico, and the Virgin Islands.
Subsec. (l). Pub. L. 91–671, § 2(d), added subsec. (l).
Subsec. (m). Pub. L. 91–671, § 2(e), added subsec. (m).
Change Of Name
Pub. L. 110–234, title IV, § 4002(c),
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]
Pub. L. 110–234, title IV, § 4115(d),
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]
Effective Date Of Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by sections 4001(b) and 4115(b)(1) of Pub. L. 110–246 effective
Pub. L. 108–199, div. A, title VII, § 771(b),
Amendment by Pub. L. 107–171 effective
Pub. L. 103–354, title III, § 303(b),
Amendment by Pub. L. 103–66 effective, and to be implemented beginning on,
Amendment by Pub. L. 102–237 effective and to be implemented no later than
Pub. L. 101–624, title XVII, § 1781,
Pub. L. 100–435, title VII, § 701,
Pub. L. 100–77, title VIII, § 802(b),
Pub. L. 99–570, title XI, § 11002(f),
[Amendment by Pub. L. 102–237 to section 11002(f) of Pub. L. 99–570, set out above, effective
[Pub. L. 101–624, title XVII, § 1713(b),
Pub. L. 97–253, title I, § 193,
Pub. L. 97–253, title I, § 192,
Pub. L. 97–98, title XIII, § 1338,
Pub. L. 97–35, title I, § 116(a),
Pub. L. 97–35, title I, § 117,
Pub. L. 96–58, § 10,
Pub. L. 95–113, title XIII, § 1301,
Pub. L. 95–113, title XIII, § 1302(b),
Amendment of section 8(a) of Pub. L. 93–233 by section 1(a), (b) of Pub. L. 93–335, effective
Pub. L. 92–603, title IV, § 411(a),
Pub. L. 92–603, title IV, § 411(h),
Repeals
Pub. L. 93–86, § 3(b),
Miscellaneous
Pub. L. 113–79, title IV, § 4003(b),
Pub. L. 103–225, title II, § 205,
Pub. L. 103–225, title II, § 206,
Pub. L. 103–205, § 2,
Pub. L. 98–107, § 101(b),
[Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of Title 42, The Public Health and Welfare.]
Provisions respecting eligibility of supplemental security income recipients for food stamps during prescribed period beginning