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U.S. Code as of:
01/03/05
Section 2013. Establishment of program
(a) Use of coupons; redeemability
Subject to the availability of funds appropriated under section
2027 of this title, the Secretary is authorized to formulate and
administer a food stamp program under which, at the request of the
State agency, eligible households within the State shall be
provided an opportunity to obtain a more nutritious diet through
the issuance to them of an allotment, except that a State may not
participate in the food stamp program if the Secretary determines
that State or local sales taxes are collected within that State on
purchases of food made with coupons issued under this chapter. The
coupons so received by such households shall be used only to
purchase food from retail food stores which have been approved for
participation in the food stamp program. Coupons issued and used as
provided in this chapter shall be redeemable at face value by the
Secretary through the facilities of the Treasury of the United
States.
(b) Distribution of federally donated foods
Distribution of commodities, with or without the food stamp
program, shall be made whenever a request for concurrent or
separate food program operations, respectively, is made by a tribal
organization. In the event of distribution on all or part of an
Indian reservation, the appropriate agency of the State government
in the area involved shall be responsible for such distribution,
except that, if the Secretary determines that the tribal
organization is capable of effectively and efficiently
administering such distribution, then such tribal organizations
shall administer such distribution: Provided, That the Secretary
shall not approve any plan for such distribution which permits any
household on any Indian reservation to participate simultaneously
in the food stamp program and the distribution of federally donated
foods. The Secretary is authorized to pay such amounts for
administrative costs of such distribution on Indian reservations as
the Secretary finds necessary for effective administration of such
distribution by a State agency or tribal organization.
(c) Regulations; transmittal of copy of regulations to
Congressional committees prior to issuance
The Secretary shall issue such regulations consistent with this
chapter as the Secretary deems necessary or appropriate for the
effective and efficient administration of the food stamp program
and shall promulgate all such regulations in accordance with the
procedures set forth in section 553 of title 5. In addition, prior
to issuing any regulation, the Secretary shall provide the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
copy of the regulation with a detailed statement justifying it.
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