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7 U.S.C. § 2022 — Disposition of claims

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2022 — Disposition of claims

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Source file: Laws/federal/codes/united-states-code/title-7/section-2022-disposition-of-claims--cac23c8871.md
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Source location: Title 7, Chapter 51, § 2022; chapter-051-supplemental-nutrition-assistance-program.md

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**(a) General authority of the Secretary** (1) **Determination of claims** — Except in the case of an at-risk amount required under [section 2025(c)(1)(D)(i)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/1/D/i/II&num=0&edition=prelim) or the payment or disposition of a State share under [section 2013(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2013/a/2&num=0&edition=prelim), the Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this chapter or the regulations issued pursuant to this chapter, including, but not limited to, claims arising from fraudulent and nonfraudulent overissuances to recipients, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this chapter. Such powers with respect to claims against recipients may be delegated by the Secretary to State agencies. The Secretary shall have the power to reduce amounts otherwise due to a State agency under [section 2025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025&num=0&edition=prelim) to collect unpaid claims assessed against the State agency if the State agency has declined or exhausted its appeal rights under [section 2023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2023&num=0&edition=prelim). (2) **Claims established under quality control system** — To the extent that a State agency does not pay a claim established under [section 2025(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/1&num=0&edition=prelim), including an agreement to have all or part of the claim paid through a reduction in Federal administrative funding, within 30 days from the date on which the bill for collection is received by the State agency, the State agency shall be liable for interest on any unpaid portion of such claim accruing from the date on which the bill for collection was received by the State agency, unless the State agency appeals the claim under [section 2025(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/7&num=0&edition=prelim). If the State agency appeals such claim (in whole or in part), the interest on any unpaid portion of the claim shall accrue from the date of the decision on the administrative appeal, or from a date that is 1 year after the date the bill is received, whichever is earlier, until the date the unpaid portion of the payment is received. If the State agency pays such claim (in whole or in part, including an agreement to have all or part of the claim paid through a reduction in Federal administrative funding) and the claim is subsequently overturned through administrative or judicial appeal, any amounts paid by the State agency shall be promptly returned with interest, accruing from the date the payment is received until the date the payment is returned. (3) **Computation of interest** — Any interest assessed under this paragraph shall be computed at a rate determined by the Secretary based on the average of the bond equivalent of the weekly 90-day Treasury bill auction rates during the period such interest accrues. (4) **Joint and several liability of household members** — Each adult member of a household shall be jointly and severally liable for the value of any overissuance of benefits. **(b) Collection of overissuances** (1) **In general** — Except as otherwise provided in this subsection, a State agency shall collect any overissuance of benefits issued to a household by— (A) reducing the allotment of the household; (B) withholding amounts from unemployment compensation from a member of the household under subsection (c); (C) recovering from Federal pay or a Federal income tax refund under subsection (d); or (D) any other means. (2) **Cost effectiveness** — Paragraph (1) shall not apply if the State agency demonstrates to the satisfaction of the Secretary that all of the means referred to in paragraph (1) are not cost effective. (3) **Maximum reduction absent fraud** — If a household received an overissuance of benefits without any member of the household being found ineligible to participate in the program under [section 2015(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2015/b/1&num=0&edition=prelim) and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of— (A) 10 percent of the monthly allotment of the household; or (B) $10. (4) **Procedures** — A State agency shall collect an overissuance of benefits issued to a household under paragraph (1) in accordance with the requirements established by the State agency for providing notice, electing a means of payment, and establishing a time schedule for payment. (5) **Overissuances caused by systemic State errors** (A) *In general* — If the Secretary determines that a State agency overissued benefits to a substantial number of households in a fiscal year as a result of a major systemic error by the State agency, as defined by the Secretary, the Secretary may prohibit the State agency from collecting these overissuances from some or all households. (B) *Procedures* (i) *Information reporting by States* — Every State agency shall provide to the Secretary all information requested by the Secretary concerning the issuance of benefits to households by the State agency in the applicable fiscal year. (ii) *Final determination* — After reviewing relevant information provided by a State agency, the Secretary shall make a final determination— (I) whether the State agency overissued benefits to a substantial number of households as a result of a systemic error in the applicable fiscal year; and (II) as to the amount of the overissuance in the applicable fiscal year for which the State agency is liable. (iii) *Establishing a claim* — Upon determining under clause (ii) that a State agency has overissued benefits to households due to a major systemic error determined under subparagraph (A), the Secretary shall establish a claim against the State agency equal to the value of the overissuance caused by the systemic error. (iv) *Administrative and judicial review* — Administrative and judicial review, as provided in [section 2023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2023&num=0&edition=prelim), shall apply to the final determinations by the Secretary under clause (ii). (v) *Remission to the Secretary* (I) *Determination not appealed* — If the determination of the Secretary under clause (ii) is not appealed, the State agency shall, as soon as practicable, remit to the Secretary the dollar amount specified in the claim under clause (iii). (II) *Determination appealed* — If the determination of the Secretary under clause (ii) is appealed, upon completion of administrative and judicial review under clause (iv), and a finding of liability on the part of the State, the appealing State agency shall, as soon as practicable, remit to the Secretary a dollar amount subject to the finding made in the administrative and judicial review. (vi) *Alternative method of collection* (I) *In general* — If a State agency fails to make a payment under clause (v) within a reasonable period of time, as determined by the Secretary, the Secretary may reduce any amount due to the State agency under any other provision of this chapter by the amount due. (II) *Accrual of interest* — During the period of time determined by the Secretary to be reasonable under subclause (I), interest in the amount owed shall not accrue. (vii) *Limitation* — Any liability amount established under [section 2025(c)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/1/C&num=0&edition=prelim) shall be reduced by the amount of the claim established under this subparagraph. **(c) Intercept of unemployment benefits** (1) As used in this subsection, the term “uncollected overissuance” means the amount of an overissuance of benefits, as determined under subsection (b)(1), that has not been recovered pursuant to subsection (b)(1). (2) A State agency may determine on a periodic basis, from information supplied pursuant to [section 49b(b) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49b/b&num=0&edition=prelim), whether an individual receiving compensation under the State’s unemployment compensation law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law) owes an uncollected overissuance. (3) A State agency may recover an uncollected overissuance— (A) by— (i) entering into an agreement with an individual described in paragraph (2) under which specified amounts will be withheld from unemployment compensation otherwise payable to the individual; and (ii) furnishing a copy of the agreement to the State agency administering the unemployment compensation law; or (B) in the absence of an agreement, by obtaining a writ, order, summons, or other similar process in the nature of garnishment from a court of competent jurisdiction to require the withholding of amounts from the unemployment compensation. **(d) Recovery of overissuance of benefits** The amount of an overissuance of benefits, as determined under subsection (b)(1), that has not been recovered pursuant to such subsection may be recovered from Federal pay (including salaries and pensions) as authorized by [section 5514 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5514&num=0&edition=prelim) or a Federal income tax refund as authorized by [section 3720A of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720A&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2012 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) 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 “benefi

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7 U.S.C. § 2025 — Administrative cost-sharing and quality control

**(a) Administrative costs** Subject to subsection (k), the Secretary is authorized to pay to each State agency, through fiscal year 2026, 50 percent, and for fiscal year 2027 and each fiscal year thereafter, 25 percent, of all administrative costs involved in each State agency’s operation of the supplemental nutrition assistance program, which costs shall include, but not be limited to, the cost of (1) the certification of applicant households, (2) the acceptance, storage, protection, control, and accounting of benefits after their delivery to receiving points within the State, (3) the issuance of benefits to all eligible households, (4) informational activities relating to the supplemental nutrition assistance program, including those undertaken under [section 2020(e)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2020/e/1/A&num=0&edition=prelim), but not including recruitment activities designed to persuade an individual to apply for program benefits or that promote the program through television, radio, or billboard advertisements, (5) fair hearings, (6) automated data processing and information retrieval systems subject to the conditions set forth in subsection (g), (7) supplemental nutrition assistance program investigations and prosecutions, (8) implementing and operating the immigration status verification system established under section 1137(d) of the Social Security Act ([42 U.S.C. 1320b–7(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–7/d&num=0&edition=prelim)), and (9) establishing and operating a longitudinal database in accordance with [section 2026(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2026/n&num=0&edition=prelim)

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1161 — Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”. **(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”. (1) **Director** — The term “Director” means the head of the Congressional Hunger Center. (2) **Fellow** — The term “fellow” means— (A) a Bill Emerson Hunger Fellow; or (B) Mickey Leland Hunger Fellow. (3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). **(c) Fellowship Programs** (1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. (2) **Purposes** (A) *In general* — The purposes of the Fellowship Programs are— (i) to encourage future leaders of the United States— (I) to pursue careers in humanitarian and public service; (II) to recognize the needs of low-income people and hungry people; (III) to provide assistance to people in need; and (IV) to seek public policy solutions to the challenges of hunger and poverty; (ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and (iii) to increase awareness of the importance of public service. (B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. (C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i

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5 U.S.C. § 5514 — Installment deduction for indebtedness to the United States

**(a)** (1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service e

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7 U.S.C. § 1421 — Price support

**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him. **(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton. **(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2023 — Administrative and judicial review; restoration of rights

**(a)** (1) Whenever an application of a retail food store or wholesale food concern to participate in the supplemental nutrition assistance program is denied pursuant to [section 2018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2018&num=0&edition=prelim), or a retail food store or wholesale food concern is disqualified or subjected to a civil money penalty under the provisions of [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2021&num=0&edition=prelim), or a retail food store or wholesale food concern forfeits a bond under [section 2021(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2021/d&num=0&edition=prelim), or all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2022&num=0&edition=prelim), or a claim against a State agency is stated pursuant to the provisions of [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2022&num=0&edition=prelim), notice of such administrative action shall be issued to the retail food store, wholesale food concern, or State agency involved. (2) **Delivery of notices.—** — A notice under paragraph (1) shall be delivered by any form of delivery that the Secretary determines will provide evidence of the delivery. (3) If such store, concern, or State agency is aggrieved by such action, it may, in accordance with regulations promulgated under this chapter, within ten days of the date of delivery of such notice, file a written request for an opportunity to submit information in support o

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31 U.S.C. § 3720A — Reduction of tax refund by amount of debt

**(a)** Any Federal agency that is owed by a person a past-due, legally enforceable debt (including debt administered by a third party acting as an agent for the Federal Government) shall, and any agency subject to section 9 of the Act of May 18, 1933 ([16 U.S.C. 831h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831h&num=0&edition=prelim)), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary of the Treasury at least once each year of the amount of such debt. **(b)** No Federal agency may take action pursuant to subsection (a) with respect to any debt until such agency— (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt; (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable; (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable; (4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts (determined on a government-wide basis) to obtain payment of such debt; and (5) certifies that reasonable efforts have been made by the agency (pursuant to regulations) to obtain payment of such debt. **(c)** Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that an

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7 U.S.C. § 2011 — Congressional declaration of policy

It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2021 — Civil penalties and disqualification of retail food stores and wholesale food concerns

**(a) Disqualification** (1) **In general** — An approved retail food store or wholesale food concern that violates a provision of this chapter or a regulation under this chapter may be— (A) disqualified for a specified period of time from further participation in the supplemental nutrition assistance program; (B) assessed a civil penalty of up to $100,000 for each violation; or (C) both. (2) **Regulations** — Regulations promulgated under this chapter shall provide criteria for the finding of a violation of, the suspension or disqualification of and the assessment of a civil penalty against a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system. **(b) Period of disqualification** Subject to subsection (c), a disqualification under subsection (a) shall be— (1) for a reasonable period of time, not to exceed 5 years, upon the first occasion of disqualification; (2) for a reasonable period of time, not to exceed 10 years, upon the second occasion of disqualification; (3) permanent upon— (A) the third occasion of disqualification; (B) the first occasion or any subsequent occasion of a disqualification based on the purchase of coupons or trafficking in coupons or authorization cards by a retail food store or wholesale food concern or a finding of the unauthorized redemption, use, transfer, acquisition, alteration, or possession of EBT cards, except that the Secretary shall have the discretion to impose a civil penalty of up to $20,000 for each violation (except that the amount of civil penalties imposed for violations occurring during a single investi

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