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

Page 1226 TITLE 7—AGRICULTURE §§ 2009ee to 2009ee–3 SUBCHAPTER X—SEARCH GRANTS FOR SMALL COMMUNITIES §§ 2009ee to 2009ee–3. Repealed. Pub. L. 110–234, title VI, § 6002(b), May 22, 2008, 122 Stat. 1162, and Pub. L. 110–246, § 4(a), title VI, § 6002(b), June 18, 2008, 122 Stat. 1664, 1923 Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13, 2002, 116 Stat. 421, defined terms. Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May 13, 2002, 116 Stat. 422, related to SEARCH grant pro- gram. See section 1926 of this title. Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May 13, 2002, 116 Stat. 424, related to annual report on projects. Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May 13, 2002, 116 Stat. 424, related to funding. Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 repealed this sub- chapter. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of this subchapter 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. CHAPTER 51—SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM Sec. 2011. Congressional declaration of policy. 2012. Definitions. 2012a. Publicly operated community health centers. 2013. Establishment of supplemental nutrition as- sistance program. 2014. Eligible households. 2014a. Notice of change in State of residence of cer- tified household. 2015. Eligibility disqualifications. 2016. Issuance and use of program benefits. 2016a. EBT benefit fraud prevention. 2017. Value of allotment. 2018. Approval of retail food stores and wholesale food concerns. 2019. Redemption of program benefits. 2020. Administration. 2021. Civil penalties and disqualification of retail food stores and wholesale food concerns. 2022. Disposition of claims. 2023. Administrative and judicial review; restora- tion of rights. 2024. Violations and enforcement. 2025. Administrative cost-sharing and quality con- trol. 2026. Research, demonstration, and evaluations. 2026a. Healthy fluid milk incentives projects. 2027. Appropriations and allotments. 2028. Consolidated block grants for Puerto Rico and American Samoa. 2029. Workfare. 2030. Repealed. 2031. Minnesota Family Investment Project. 2032. Automated data processing and information retrieval systems. 2033. Repealed. 2034. Assistance for community food projects. 2035. Simplified supplemental nutrition assistance program. 2036. Availability of commodities for emergency food assistance program. Sec. 2036a. Nutrition education and obesity prevention grant program. 2036b. Retail food store and recipient trafficking. 2036c. Annual State report on verification of SNAP participation. 2036d. Pilot projects to encourage the use of public- private partnerships committed to address- ing food insecurity. § 2011. Congressional declaration of policy It is declared to be the policy of Congress, in order to promote the general welfare, to safe- guard 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 malnutri- tion among members of such households. Con- gress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the dis- tribution 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 malnutri- tion, a supplemental nutrition assistance pro- gram is herein authorized which will permit low-income households to obtain a more nutri- tious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. That program includes as a purpose to assist low-income adults in obtaining employment and increasing their earnings. Such employment and earnings, along with program benefits, will per- mit low-income households to obtain a more nu- tritious diet through normal channels of trade by increasing food purchasing power for all eli- gible households who apply for participation. (Pub. L. 88–525, § 2, Aug. 31, 1964, 78 Stat. 703; Pub. L. 91–671, § 1, Jan. 11, 1971, 84 Stat. 2048; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958; Pub. L. 110–234, title IV, § 4001(b), May 22, 2008, 122 Stat. 1092; Pub. L. 110–246, § 4(a), title IV, § 4001(b), June 18, 2008, 122 Stat. 1664, 1853; Pub. L. 118–5, div. C, title II, § 313, June 3, 2023, 137 Stat. 38.) Editorial Notes 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 2023—Pub. L. 118–5 added second par. 2008—Pub. L. 110–246, § 4001(b), substituted ‘‘supple- mental nutrition assistance program’’ for ‘‘food stamp program’’. 1977—Pub. L. 95–113 substituted ‘‘a more nutritious diet’’ for ‘‘a nutritionally adequate diet’’ as the object of the program. 1971—Pub. L. 91–671 provided for cooperation in utili- zation of Nation’s abundance of food by other agencies, struck out ‘‘to the maximum extent practicable’’ be- fore ‘‘to safeguard the health’’, enunciated finding that limited food purchasing power of low-income house- holds contributes to hunger and malnutrition, and sub- stituted ‘‘promote the distribution’’ for ‘‘will tend to Page 1227 TITLE 7—AGRICULTURE § 2011 cause the distribution’’ and authorization of a program (to alleviate hunger and malnutrition) which will per- mit low-income households to purchase a nutritionally adequate diet through normal channels of trade for prior authorization of a program (to effectuate policy of Congress and purposes of this chapter) which will permit such households to receive a greater share of Nation’s abundance of food. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 other- wise 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) of Pub. L. 110–246 effec- tive Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4001, May 13, 2002, 116 Stat. 305, provided that: ‘‘This title [enacting section 3007 of this title and section 1161 of Title 2, The Congress, amending sections 1431e, 2012, 2014 to 2017, 2019, 2020, 2022, 2023, 2025 to 2028, 2031, 2034, 2036, and 7508 of this title, sections 1612, 1613, and 1631 of Title 8, Aliens and Nationality, and sections 1755, 1758, 1760, 1769, and 1786 of Title 42, The Public Health and Welfare, repealing section 2033 of this title, enacting provisions set out as notes under sections 612c, 2014 to 2016, 2019, 2020, 2022, 2023, 2025, 2026, 2028, 2034, 2036, and 3171 of this title, sec- tion 1161 of Title 2, section 1612 of Title 8, and sections 1755, 1758, 1769, and 1786 of Title 42, and amending provi- sions set out as a note under section 612c of this title] may be cited as the ‘Food Stamp Reauthorization Act of 2002’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–171, § 1, Feb. 11, 2000, 114 Stat. 3, provided that: ‘‘This Act [amending section 2016 of this title and enacting provisions set out as notes under section 2016 of this title] may be cited as the ‘Electronic Benefit Transfer Interoperability and Portability Act of 2000’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–225, § 1, Mar. 25, 1994, 108 Stat. 106, pro- vided that: ‘‘This Act [amending sections 2012, 2014 to 2016, 2018, and 2026 of this title, enacting provisions set out as notes under section 2012 of this title, and repeal- ing provisions set out as notes under sections 2015 and 2016 of this title] may be cited as the ‘Food Stamp Pro- gram Improvements Act of 1994’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–66, title XIII, § 13901(a), Aug. 10, 1993, 107 Stat. 672, provided that: ‘‘This chapter [chapter 3 (§§ 13901–13971) of title XIII of Pub. L. 103–66, amending sections 2012, 2014, 2015, 2017, 2020 to 2023, 2025, 2026, and 2028 of this title, and enacting provisions set out as a note under section 2025 of this title] may be cited as the ‘Mickey Leland Childhood Hunger Relief Act’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XVII, § 1701, Nov. 28, 1990, 104 Stat. 3783, provided that: ‘‘This title [enacting section 2032 of this title, amending sections 1431, 1431e, 2012, 2014 to 2018, 2020 to 2022, 2024 to 2028, 3175, and 3175e of this title, section 6109 of Title 26, Internal Revenue Code, and sections 405 and 9904 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 612c, 2012, 2014, 2020, 2025, and 2028 of this title and section 1751 of Title 42, and amending provisions set out as notes under sec- tions 612c and 2012 of this title] may be cited as the ‘Mickey Leland Memorial Domestic Hunger Relief Act’.’’ SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100–435, § 1(a), Sept. 19, 1988, 102 Stat. 1645, pro- vided that: ‘‘This Act [amending sections 2012, 2014 to 2017, 2020 to 2023, 2025, and 2026 of this title, section 713a–14 of Title 15, Commerce and Trade, and sections 1761, 1766, 1773, and 1786 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 612c and 2012 of this title and sections 1766 and 1786 of Title 42, and amending provisions set out as notes under sections 612c, 1731, and 2012 of this title] may be cited as the ‘Hunger Prevention Act of 1988’.’’ Pub. L. 100–232, § 1, Jan. 5, 1988, 101 Stat. 1566, provided that: ‘‘This Act [amending section 2014 of this title and enacting provisions set out as a note under section 612c of this title] may be cited as the ‘Charitable Assistance and Food Bank Act of 1987’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title XI, § 11001, Oct. 27, 1986, 100 Stat. 3207–167, provided that: ‘‘This title [amending sections 2012, 2018 and 2019 of this title, sections 1531 and 1603 of Title 29, Labor, sections 3003 and 3020 [now 5103 and 5120] of Title 38, Veterans’ Benefits, and sections 1383 and 1396a of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 2012 of this title, sections 5103 and 5120 of Title 38, and sections 602, 1383 and 1396a of Title 42] may be cited as the ‘Homeless Eligibility Clarification Act’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–253, title I, § 140, Sept. 8, 1982, 96 Stat. 772, provided that: ‘‘This subtitle [subtitle E (§§ 140–193) of title I of Pub. L. 97–253, amending sections 2012, 2014, 2015, 2016, 2017, 2018, 2020, 2021, 2022, 2023, 2025, 2026, 2027, 2028, and 2029 of this title and enacting provisions set out as notes under sections 1624, 2012, and 2028 of this title] may be cited as the ‘Food Stamp Act Amend- ments of 1982’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–98, title XIII, § 1301, Dec. 22, 1981, 95 Stat. 1282, provided that: ‘‘This title [enacting sections 2029 and 2270 of this title, amending sections 2012, 2014 to 2016, 2018 to 2020, and 2023 to 2027 of this title, enacting a provision set out as a note under section 2012 of this title, and amending provisions set out as notes under section 612c of this title] may be cited as the ‘Food Stamp and Commodity Distribution Amendments of 1981’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–249, § 1, May 26, 1980, 94 Stat. 357, provided: ‘‘That this Act [amending sections 2012, 2014, 2015, 2019, 2020, and 2024 to 2027 of this title, sections 6103 and 7213 of Title 26, Internal Revenue Code, and sections 503 and 504 of Title 42, The Public Health and Welfare, and en- acting provisions set out as notes under sections 2014 and 2026 of this title, section 6103 of Title 26, and sec- tion 503 of Title 42] may be cited as the ‘Food Stamp Act Amendments of 1980’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–339, § 1, July 5, 1976, 90 Stat. 799, provided: ‘‘That this Act [amending sections 2012, 2015, and 2016 of this title] may be cited as the ‘Emergency Food Stamp Vendor Accountability Act of 1976’.’’ SHORT TITLE Pub. L. 88–525, § 1, Aug. 31, 1964, 78 Stat. 703, as amend- ed by Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Page 1228 TITLE 7—AGRICULTURE § 2011 Stat. 958; Pub. L. 110–234, title IV, § 4001(a), May 22, 2008, 122 Stat. 1092; Pub. L. 110–246, § 4(a), title IV, § 4001(a), June 18, 2008, 122 Stat. 1664, 1853, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Food and Nutrition Act of 2008’.’’ SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM DURING COVID–19 PUBLIC HEALTH EMERGENCY Pub. L. 116–260, div. N, title VII, § 702, Dec. 27, 2020, 134 Stat. 2092, as amended by Pub. L. 117–2, title I, § 1101(a), Mar. 11, 2021, 135 Stat. 15, provided that: ‘‘(a) VALUE OF BENEFITS.—Notwithstanding any other provision of law, beginning on January 1, 2021, and for each subsequent month through September 30, 2021, the value of benefits determined under section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 15 [sic] 2017(a)) shall be calculated using 115 percent of the June 2020 value of the thrifty food plan (as defined in section 3 of such Act (7 U.S.C. 2012)) if the value of the benefits would be greater under that calculation than in the ab- sence of this subsection. ‘‘(b) REQUIREMENTS FOR THE SECRETARY.—In carrying out this section, the Secretary shall— ‘‘(1) consider the benefit increases described in sub- section (a) to be a ‘mass change’; ‘‘(2) require a simple process for States to notify households of the increase in benefits; ‘‘(3) consider section 16(c)(3)(A) of the Food and Nu- trition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in the implementation of this section without regard to the 120-day limit described in that section; and ‘‘(4) disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). ‘‘(c) ADMINISTRATIVE EXPENSES.— ‘‘(1) IN GENERAL.—For the costs of State adminis- trative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) during the COVID-19 public health emergency, the Secretary shall make available $100,000,000 for fiscal year 2021. ‘‘(2) TIMING.—Not later than 60 days after the date of the enactment of this Act [Dec. 27, 2020], the Sec- retary shall make available to States amounts for fis- cal year 2021 under paragraph (1). ‘‘(3) ALLOCATION OF FUNDS.—Funds described in paragraph (1) shall be made available as grants to State agencies for fiscal year 2021 as follows: ‘‘(A) 75 percent of the amounts available for fiscal year 2021 shall be allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and ‘‘(B) 25 percent of the amounts available for fiscal year 2021 shall be allocated to States based on the increase in the number of households that partici- pate in the supplemental nutrition assistance pro- gram as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participa- tion in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)). ‘‘(d) CERTAIN EXCLUSIONS FROM SNAP INCOME.—A Fed- eral pandemic unemployment compensation payment made to an individual under section 2104 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) [15 U.S.C. 9023] shall not be re- garded as income and shall not be regarded as a re- source for the month of receipt and the following 9 months, for the purpose of determining eligibility of such individual or any other individual for benefits or assistance, or the amount of benefits or assistance, under any programs authorized under the Food and Nu- trition Act of 2008 (7 U.S.C. 2011 et seq.). ‘‘(e) PROVISIONS FOR IMPACTED STUDENTS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, not later than 20 days after the date of the enactment of this Act, eligibility for supple- mental nutrition assistance program benefits shall not be limited under section 6(e) of the Food and Nu- trition Act of 2008 (7 U.S.C. 2015(e)) for an individual who— ‘‘(A) is enrolled at least half-time in an institu- tion of higher education; and ‘‘(B)(i) is eligible to participate in a State or fed- erally financed work study program during the reg- ular school year as determined by the institution of higher education; or ‘‘(ii) in the current academic year, has an ex- pected family contribution of $0 as determined in accordance with part F of title IV of the Higher Education Act of 195 [probably should be ‘‘1965’’] (20 U.S.C. 1087kk et. seq.). ‘‘(2) SUNSET.— ‘‘(A) INITIAL APPLICATIONS.—The eligibility stand- ards authorized under paragraph (1) shall be in ef- fect for initial applications for the supplemental nutrition assistance program until 30 days after the COVID–19 public health emergency is lifted. ‘‘(B) RECERTIFICATIONS.—The eligibility standards authorized under paragraph (1) shall be in effect until the first recertification of a household begin- ning no earlier than 30 days after the COVID–19 public health emergency is lifted. ‘‘(3) GUIDANCE.— ‘‘(A) IN GENERAL.—Not later than 10 days after the date of enactment of this Act, the Secretary shall issue guidance to State agencies on the temporary student eligibility requirements established under this subsection. ‘‘(B) COORDINATION WITH THE DEPARTMENT OF EDU- CATION.—The Secretary of Education, in consulta- tion with the Secretary of Agriculture and institu- tions of higher education, shall carry out activities to inform applicants for Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) and students at institutions of higher education of the temporary student eligi- bility requirements established under this sub- section. ‘‘(f) REPORT.—Not later than July 31, 2021, the Sec- retary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a re- port that accounts for both the redemption rate and ac- count balances for each month during the period speci- fied in subsection (a). ‘‘(g) [Amended provisions set out as a note under sec- tion 2012 of this title.]’’ [For definitions of ‘‘Secretary’’, ‘‘supplemental nutri- tion assistance program’’, ‘‘COVID-19 public health emergency’’, and ‘‘SNAP’’ as used in section 702 of div. N of Pub. L. 116–260, set out above, see section 701 of div. N of Pub. L. 116–260, set out below.] ASSISTANCE FOR HOUSEHOLDS DURING SCHOOL CLOSURES Pub. L. 116–127, div. A, title I, § 1101, Mar. 18, 2020, 134 Stat. 179, as amended by Pub. L. 116–159, div. D, title VI, § 4601, Oct. 1, 2020, 134 Stat. 744; Pub. L. 116–260, div. N, title VII, § 721, Dec. 27, 2020, 134 Stat. 2096; Pub. L. 117–2, title I, § 1108, Mar. 11, 2021, 135 Stat. 18; Pub. L. 117–328, div. HH, title IV, §§ 502(d), 503(a), Dec. 29, 2022, 136 Stat. 5994, provided that: ‘‘(a) PUBLIC HEALTH EMERGENCY.—In any school year in which there is a public health emergency designa- tion, in any case in which a school is closed or has re- duced the number of days or hours that students attend the school for at least 5 consecutive days during a pub- lic health emergency designation during which the Page 1229 TITLE 7—AGRICULTURE § 2011 school would otherwise be in session or in a covered summer period following a school session, each house- hold containing at least 1 member who is an eligible child attending the school shall be eligible to receive assistance pursuant to a state [sic] agency plan ap- proved under subsection (b). ‘‘(b) ASSISTANCE.—To carry out this section, the Sec- retary of Agriculture may approve State agency plans for temporary emergency standards of eligibility and levels of benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with eligible children and, as applicable, households with children eligible for assistance under subsection (h). Plans ap- proved by the Secretary shall provide for supplemental allotments to households receiving benefits under such Act, and issuances to households not already receiving benefits. Such level of benefits shall be determined by the Secretary in an amount not less than the value of meals at the free rate over the course of 5 school days for each eligible child in the household. ‘‘(c) MINIMUM CLOSURE REQUIREMENT.—The Secretary of Agriculture shall not provide assistance under this section in the case of a school that is closed or has re- duced the number of days or hours that students attend the school for less than 5 consecutive days. ‘‘(d) USE OF EBT SYSTEM.—A State agency may pro- vide assistance under this section through the EBT card system established under section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016). ‘‘(e) RELEASE OF INFORMATION.—Notwithstanding any other provision of law, the Secretary of Agriculture may authorize State educational agencies and school food authorities administering a school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to release to appropriate of- ficials administering the supplemental nutrition assist- ance program such information as may be necessary to carry out this section. ‘‘(f) WAIVERS.— ‘‘(1) IN GENERAL.—To facilitate implementation of this section, the Secretary of Agriculture may ap- prove waivers of the limits on certification periods otherwise applicable under section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting requirements otherwise applicable under section 6(c) of such Act (7 U.S.C. 2015(c)), and other administra- tive requirements otherwise applicable to State agen- cies under such Act. ‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL YEAR 2020- 2021.—For purposes of this section, a State agency may develop and use simplifying assumptions (in- cluding a State or local public health ordinance de- veloped in response to COVID–19) and the best fea- sibly available data to determine the status of a school or covered child care facility as opened, closed, or operating with a reduced number of days or hours, establish State or regionally-based benefits levels, identify eligible children and children eligible for assistance under subsection (h), and establish eli- gibility periods for eligible children and children eli- gible for assistance under subsection (h). ‘‘(g) AVAILABILITY OF COMMODITIES.—The Secretary of Agriculture may purchase commodities for emergency distribution in any area of the United States during a public health emergency designation. ‘‘(h) ASSISTANCE FOR CHILDREN IN CHILD CARE.— ‘‘(1) IN GENERAL.—Beginning on October 1, 2020, sub- ject to an approved State agency plan under sub- section (b) or an approved amendment to such a plan, in any case in which, during a public health emer- gency designation, a covered child care facility is closed or has reduced attendance or hours for at least 5 consecutive days, or 1 or more schools in the area of a covered child care facility or the area of a child’s residence are closed or have reduced attendance or hours for at least 5 consecutive days, each household containing at least 1 child enrolled in such a covered child care facility and either the supplemental nutri- tion assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or a Department of Agriculture grant-funded nutrition as- sistance program in the Commonwealth of the North- ern Mariana Islands, Puerto Rico, or American Samoa shall be eligible to receive assistance, in ac- cordance with paragraph (2), until covered child care facilities or schools in the area reopen or operate at full attendance and hours, as applicable, as deter- mined by the State agency. ‘‘(2) ASSISTANCE.—A household shall receive bene- fits under paragraph (1) in an amount that is equal to at least 1 breakfast and 1 lunch at the free rate for each child enrolled in a covered child care facility for each day that the child does not attend the facility because the facility is closed or operating with re- duced attendance or hours or for each day that a school in the area of a covered child care facility or the area of the child’s residence is closed or has re- duced attendance or hours for at least 5 consecutive days. ‘‘(3) STATE OPTION.—A State shall not be required to provide assistance under this subsection in order to provide assistance to eligible children under a State agency plan under subsection (b). ‘‘(4) DEEMED POPULATION.—For purposes of an ap- proved State agency plan described in paragraph (1) or an approved amendment to such a plan described in such paragraph, the Secretary of Agriculture shall deem any child who has not attained the age of 6 as a child who is enrolled in a covered child care facil- ity. ‘‘(i) EMERGENCIES DURING SUMMER.— ‘‘(1) IN GENERAL.—The Secretary of Agriculture may approve or permit a State agency to extend a State agency plan approved under subsection (b) for not more than 90 days for the purpose of operating the plan during a covered summer period, during which time schools participating in the school lunch program under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or the school breakfast program under section 4 of the Child Nutri- tion Act of 1966 (42 U.S.C. 1773) and covered child care facilities shall be deemed closed for purposes of this section. ‘‘(2) LIMITATION.—A State shall not provide benefits during a covered summer period pursuant to para- graph (1) to children who, at the end of the school year immediately preceding the covered summer pe- riod, attended a school that did not participate in the school lunch program or school breakfast program described in that paragraph. ‘‘(3) OTHER ASSISTANCE NOT REQUIRED.—A State shall not be required to provide assistance under sub- section (a) or (h) in order to provide assistance under this subsection. ‘‘(4) SUMMER 2023.—Any benefits issued to house- holds during a covered summer period pursuant to paragraph (1) in summer 2023 shall not exceed $120 per child for the covered summer period, except that ben- efits may be proportionately higher consistent with any adjustments established under section 12(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(f)). ‘‘(j) DEFINITIONS.—In this section: ‘‘(1) COVERED CHILD CARE FACILITY.—The term ‘cov- ered child care facility’ means— ‘‘(A) an organization described in subparagraph (A) or (B) of section 17(a)(2) of the Richard B. Rus- sell National School Lunch Act (42 U.S.C. 1766(a)(2)); and ‘‘(B) a family or group day care home. ‘‘(2) COVERED SUMMER PERIOD.—The term ‘covered summer period’ means a summer period that follows a school year during which there was a public health emergency designation. ‘‘(3) ELIGIBLE CHILD.—The term ‘eligible child’ means a child (as defined in section 12(d) or served under section 11(a)(1) of the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1760(d), 1759(a)(1) [1759a(a)(1)]) who, if not for the closure or reduced at- tendance or hours of the school attended by the child Page 1230 TITLE 7—AGRICULTURE § 2011 during a public health emergency designation and due to concerns about a COVID–19 outbreak, would receive free or reduced price school meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 175l et seq.) at the school. ‘‘(4) FREE RATE.—The term ‘free rate’ means— ‘‘(A) with respect to a breakfast, the rate of a free breakfast under the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ‘‘(B) with respect to a lunch, the rate of a free lunch under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ‘‘(5) PUBLIC HEALTH EMERGENCY DESIGNATION.—The term ‘public health emergency designation’ means the declaration of a public health emergency, based on an outbreak of SARS–CoV–2, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d). ‘‘(6) SCHOOL.—The term ‘school’ has the meaning given the term in section 12(d) of the Richard B. Rus- sell National School Lunch Act (42 U.S.C. 1760(d)). ‘‘(7) STATE.—The term ‘State’ has the meaning given the term in section 12(d) of the Richard B. Rus- sell National School Lunch Act (42 U.S.C. 1760(d)). ‘‘(k) FUNDING.—There are hereby appropriated to the Secretary of Agriculture such amounts as are nec- essary to carry out this section (including all adminis- trative expenses for Federal agencies, State agencies, other agencies of the State, local units, and schools): Provided, That such amount is designated by the Con- gress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].’’ SNAP WAIVERS Pub. L. 116–127, div. B, title III, Mar. 18, 2020, 134 Stat. 187, as amended by Pub. L. 116–159, div. D, title VI, § 4603(a)(3), Oct. 1, 2020, 134 Stat. 746; Pub. L. 117–328, div. HH, title IV, § 503(b), Dec. 29, 2022, 136 Stat. 5994, pro- vided that: ‘‘SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS ‘‘(a) Beginning with the first month that begins after the enactment of this Act [Mar. 18, 2020] and for each subsequent month through the end of the month subse- quent to the month a public health emergency declara- tion by the Secretary of Health and Human Services under section 319 of the Public Health Service Act [42 U.S.C. 247d] based on an outbreak of coronavirus dis- ease 2019 (COVID–19) is lifted, eligibility for supple- mental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutri- tion Act of 2008 [7 U.S.C. 2015(o)(2)] unless an individual does not comply with the requirements of a program of- fered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008 [7 U.S.C. 2012]) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2). ‘‘(b) Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an out- break of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agen- cy shall disregard any period during which an indi- vidual received benefits under the supplemental nutri- tion assistance program prior to such month. ‘‘SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY ‘‘(a) In the event of a public health emergency dec- laration by the Secretary of Health and Human Serv- ices under section 319 of the Public Health Service Act [42 U.S.C. 247d] based on an outbreak of coronavirus disease 2019 (COVID–19) and the issuance of an emer- gency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture— ‘‘(1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008 [7 U.S.C. 2012]) that provides sufficient data (as determined by the Secretary through guidance) sup- porting such request, for emergency allotments to households participating in the supplemental nutri- tion assistance program under the Food and Nutri- tion Act of 2008 [7 U.S.C. 2011 et seq.] to address tem- porary food needs not greater than the applicable maximum monthly allotment for the household size; and ‘‘(2) may adjust, at the request of State agencies or by guidance in consultation with one or more State agencies, issuance methods and application and re- porting requirements under the Food and Nutrition Act of 2008 to be consistent with what is practicable under actual conditions in affected areas. (In making this adjustment, the Secretary shall consider the availability of offices and personnel in State agen- cies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 [7 U.S.C. 2016(h)] impracticable, any disruptions of transportation and communication facilities, and any health consider- ations that warrant alternative approaches.) ‘‘(b) Not later than 10 days after the date of the re- ceipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agri- culture shall make publicly available on the website of the Department the following documents: ‘‘(1) Any request submitted by State agencies under subsection (a). ‘‘(2) The Secretary’s approval or denial of each such request. ‘‘(3) Any guidance issued under subsection (a)(2). ‘‘(c) REPORT.—Not later than June 30, 2022, the Sec- retary of Agriculture shall submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report containing the following informa- tion: ‘‘(1) A description of any information or data sup- porting State agency requests under this section and any additional measures that State agencies re- quested that were not approved by the Secretary of Agriculture; ‘‘(2) An evaluation of the use of all waivers, adjust- ments, and other flexibilities in the operation of the supplemental nutrition assistance program (as de- fined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), in effect under this Act [div. B of Pub. L. 116–127, see Tables for classification], the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or any other Act, to respond to the COVID–19 public health emergency; and ‘‘(3) A recommendation of any additional waivers or flexibilities needed in the operation of the supple- mental nutrition assistance program to respond to public health emergencies with pandemic potential. ‘‘(d) SUNSET.—The authority under subsection (a)(1) shall expire after the issuance of February 2023 benefits under that subsection.’’ STUDY OF NATIONAL DATABASE FOR FEDERAL MEANS- TESTED PUBLIC ASSISTANCE PROGRAMS Pub. L. 105–379, § 2, Nov. 12, 1998, 112 Stat. 3399, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(PP), May 22, 2008, 122 Stat. 1095, 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(PP), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall conduct a study of options for the design, development, implementation, and operation of a national database to track participation in Federal means-tested public assistance programs. ‘‘(b) ADMINISTRATION.—In conducting the study, the Secretary shall— ‘‘(1) analyze available data to determine— ‘‘(A) whether the data have addressed the needs of the supplemental nutrition assistance program es- Page 1231 TITLE 7—AGRICULTURE § 2011 tablished under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ‘‘(B) whether additional or unique data need to be developed to address the needs of the supplemental nutrition assistance program; and ‘‘(C) the feasibility and cost-benefit ratio of each available option for a national database; ‘‘(2) survey the States to determine how the States are enforcing the prohibition on recipients receiving assistance in more than one State under Federal means-tested public assistance programs; ‘‘(3) determine the functional requirements of each available option for a national database; and ‘‘(4) ensure that all options provide safeguards to protect against the unauthorized use or disclosure of information in the national database. ‘‘(c) REPORT.—Not later than 1 year after the date of enactment of this Act [Nov. 12, 1998], the Secretary shall submit to Congress a report on the results of the study conducted under this section. ‘‘(d) FUNDING.—Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treas- ury shall provide to the Secretary of Agriculture $500,000 to carry out this section. The Secretary shall be entitled to receive the funds and shall accept the funds, without further appropriation.’’ WELFARE SIMPLIFICATION AND COORDINATION ADVISORY COMMITTEE Pub. L. 101–624, title XVII, § 1778, Nov. 28, 1990, 104 Stat. 3814, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (D), (2)(KK), May 22, 2008, 122 Stat. 1095, 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (D), (2)(KK), June 18, 2008, 122 Stat. 1857, 1859, provided that: ‘‘(a) APPOINTMENT AND MEMBERSHIP.— ‘‘(1) ESTABLISMENT [sic].—There is established an Advisory Committee on Welfare Simplification and Coordination (hereafter in this section referred to as the ‘Committee’) consisting of not fewer than 7, nor more than 11, members appointed by the Secretary of Agriculture (hereafter in this section referred to as the ‘Secretary’), after consultation with the Sec- retary of Health and Human Services and the Sec- retary of Housing and Urban Development, and with the advice of State and local officials responsible for administering the supplemental nutrition assistance program, cash and medical assistance programs for low-income families and individuals under the Social Security Act [42 U.S.C. 301 et seq.], and programs pro- viding housing assistance to needy families and indi- viduals, and representatives of recipients and recipi- ent advocacy organizations associated with such pro- grams. ‘‘(2) QUALIFICATIONS.—The members of the Com- mittee shall be individuals who are familiar with the rules, goals, and limitations of Federal supplemental nutrition assistance program benefits, cash, medical, and housing assistance programs for low-income fam- ilies and individuals, and may include individuals who have demonstrated expertise in evaluating the operations of and interaction among such programs as they affect administrators and recipients, persons who have experience in administering such programs at the Federal, State, or local level, and representa- tives of administrators and recipients affected by such programs. ‘‘(b) PURPOSE.—It shall be the purpose of the Com- mittee, in consultation, where appropriate, with pro- gram administrators and representatives of recipi- ents— ‘‘(1) to identify the significant policies imple- mented in the supplemental nutrition assistance pro- gram, cash and medical assistance programs under the Social Security Act [42 U.S.C. 301 et seq.], and housing assistance programs (whether resulting from law, regulations, or administrative practice) that, be- cause they differ substantially, make it difficult for those eligible to apply for and obtain benefits from more than one program and restrict the ability of ad- ministrators of such programs to provide efficient, timely, and appropriate benefits to those eligible for more than one type of assistance, drawing, where ap- propriate, on previous efforts to coordinate and sim- plify such programs and policies; ‘‘(2) to examine the major reasons for such different programs and policies; ‘‘(3) to evaluate how and the extent to which such different programs and policies hinder, to a signifi- cant degree, the receipt of benefits from more than one program and substantially restrict administra- tors’ ability to provide efficient, timely, and appro- priate benefits; ‘‘(4) to recommend common or simplified programs and policies (including recommendations for changes in law, regulations, and administrative practice and for policies that do not currently exist in such pro- grams) that would substantially reduce difficulties in applying for and obtaining benefits from more than one program and significantly increase the ability of administrators of such programs to efficiently pro- vide timely and appropriate assistance to those eligi- ble for more than one type of assistance; and ‘‘(5) to describe the major effects of such common or simplified programs and policies (including how such common or simplified programs and policies would enhance or conflict with the purposes of such programs, how they would ease burdens on adminis- trators and recipients, how they would affect pro- gram costs and participation, and the degree to which they would change the relationships between the Fed- eral Government and the States in such programs) and the reasons for recommending such programs and policies (including reasons, if any, that might be suf- ficient to override special rules derived from the pur- poses of individual programs). ‘‘(c) ADMINISTRATIVE SUPPORT.—The Secretary shall provide the Committee with such technical and other assistance, including secretarial and clerical assist- ance, as may be required to carry out its functions. ‘‘(d) REIMBURSEMENT.—Members of the Committee shall serve without compensation but shall receive re- imbursement for necessary travel and subsistence ex- penses incurred by such members in the performance of the duties of the Committee. ‘‘(e) REPORTS.—Not later than July 1, 1993, the Com- mittee shall prepare and submit, to the appropriate committees of Congress, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development a final report, including recommendations for common or sim- plified programs and policies and the effects of and rea- sons for such programs and policies and may submit in- terim reports, including reports on common or sim- plified programs and policies covering less than the complete range of programs and policies under review, to the committees and such Secretaries as deemed ap- propriate by the Committee.’’ RULES Pub. L. 99–198, title XV, § 1583, Dec. 23, 1985, 99 Stat. 1595, provided that: ‘‘Not later than April 1, 1987, the Secretary shall issue rules to carry out the amend- ments made by this title [amending sections 612c, 1431e, 2012 to 2023, and 2025 to 2029 of this title, section 49b of Title 29, Labor, and section 503 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 612c of this title].’’ IMPLEMENTATION OF 1977 AMENDMENT; SAVINGS PROVI- SION; AVAILABILITY OF APPROPRIATED FUNDS; RE- PORT Pub. L. 95–113, title XIII, § 1303, Sept. 29, 1997, 91 Stat. 979, as amended by Pub. L. 97–375, title I, § 103(a), Dec. 21, 1982, 96 Stat. 1819, provided that: ‘‘(a) The Secretary of Agriculture shall implement the Food Stamp Act of 1977 [now the Food and Nutri- tion Act of 2008, this chapter] as expeditiously as pos- sible consistent with the efficient and effective admin- Page 1232 TITLE 7—AGRICULTURE § 2012 istration of the food stamp program. The provisions of the Food Stamp Act of 1964, as amended [this chapter prior to amendment by Pub. L. 95–113], which are rel- evant to current regulations of the Secretary governing the food stamp program, shall remain in effect until such regulations are revoked, superseded, amended, or modified by regulations issued pursuant to the Food Stamp Act of 1977. Coupons issued pursuant to the Food Stamp Act of 1964, as amended, and in general use as of the effective date of the Food Stamp Act of 1977 [Oct. 1, 1977], shall continue to be usable to purchase food, and all other liabilities of the Secretary, States, and applicant or participating households, under the Food Stamp Act of 1964, as amended, shall continue in force until finally resolved or terminated by administrative or judicial action, or otherwise. ‘‘(b) Pending proceedings under the Food Stamp Act of 1964, as amended, shall not be abated by reason of any provision of the Food Stamp Act of 1977, but shall be disposed of pursuant to the applicable provisions of the Food Stamp Act of 1964, as amended, in effect prior to the effective date of the Food Stamp Act of 1977 [Oct. 1, 1977]. ‘‘(c) Appropriations made available to carry out the Food Stamp Act of 1964, as amended, shall be available to carry out the provisions of the Food Stamp Act of 1977. ‘‘(d) [Repealed. Pub. L. 97–375, title I, § 103(a), Dec. 1, 1982, 96 Stat. 1819.]’’ [References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of this title.] DEFINITIONS Pub. L. 116–260, div. N, title VII, § 701, Dec. 27, 2020, 134 Stat. 2092, provided that: ‘‘In this chapter [chapter 1 (§§ 701–704) of subtitle A of title VII of div. N of Pub. L. 116–260, enacting provisions set out as notes under this section and section 2016 of this title and amending pro- visions set out as a note under section 2012 of this title]— ‘‘(1) COVID-19 PUBLIC HEALTH EMERGENCY.—The term ‘COVID-19 public health emergency’ means a public health emergency declared or renewed by the Sec- retary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) based on an outbreak of coronavirus disease 2019 (COVID-19). ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture. ‘‘(3) SUPPLEMENTAL NUTRITION ASSISTANCE PRO- GRAM.—The term ‘supplemental nutrition assistance program’ has the meaning given such term in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)). ‘‘(4) SNAP.—The term ‘SNAP’ refers to the supple- mental nutrition assistance program.’’ § 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 de- vice, 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 ben- efits a household is authorized to receive during each month. (c) ‘‘Allowable medical expenses’’ means ex- penditures for (1) medical and dental care, (2) hospitalization or nursing care (including hos- pitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) pre- scription 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 (exclud- ing the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the So- cial Security Act [42 U.S.C. 1395 et seq.], (6) den- tures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physi- cian 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 pro- vided to a household by means of— (1) an electronic benefit transfer under sec- tion 2016(h) 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, organiza- tion, 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 ex- ceed 12 months, except that the certification pe- riod may be up to 24 months if all adult house- hold 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 orga- nization 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(h) 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