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U.S. Code as of:
01/03/05
Section 2035. Simplified Food Stamp Program
(a) "Federal costs" defined
In this section, the term "Federal costs" does not include any
Federal costs incurred under section 2026 of this title.
(b) Election
Subject to subsection (d) of this section, 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) of this section, 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
chapter.
(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 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) 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
chapter.
(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
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) Requirements
In operating a Program, a State or political subdivision shall
comply with the requirements of -
(A) subsections (a) through (g) 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) subsection (!1) (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), (16), (18), (20), (24), and (25) 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) 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.
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