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7 U.S.C. § 7515 — Allotment and delivery of commodities

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7 U.S.C. § 7515 — Allotment and delivery of commodities

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Page 2050 TITLE 7—AGRICULTURE § 7515 longer defines the term ‘‘emergency feeding organiza- tion’’. However, such term is defined elsewhere in that section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title. § 7515. Allotment and delivery of commodities (a) Mandatory allotments In each fiscal year, the Secretary shall allot— (1) 60 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 60 percent of the total value of additional commodities as the number of persons in households within the State having incomes below the poverty line bears to the total num- ber of persons in households within all States having incomes below such poverty line, and each State shall be entitled to receive such value of additional commodities; and (2) 40 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 40 percent of the total value of additional commodities as the average monthly number of unemployed persons within the State bears to the average monthly number of unemployed persons within all States during the same fis- cal year, and each State shall be entitled to receive such value of additional commodities. (b) Reallocation The Secretary shall notify each State of the amount of the additional commodities that such State is allotted to receive under subsection (a), and each State shall promptly notify the Sec- retary if such State determines that it will not accept any or all of the commodities made available under such allocation. On such a noti- fication by a State, the Secretary shall reallo- cate and distribute the amount the State was al- located to receive under the formula prescribed in subsection (a) but declined to accept. The Secretary shall further establish procedures to permit States to decline to receive portions of such allocation during each fiscal year as the State determines is appropriate and the Sec- retary shall reallocate and distribute such allo- cation. In the event of any drought, flood, hurri- cane, or other natural disaster affecting sub- stantial numbers of persons in a State, county or parish, the Secretary may request that States unaffected by such a disaster consider assisting affected States by allowing the Secretary to re- allocate commodities to which each such unaf- fected State is entitled to States containing areas adversely affected by the disaster. (c) Administration (1) In general Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or re- allocated under subsection (b), before Decem- ber 31 of the following fiscal year. (2) Entitlement Each State shall be entitled to receive the value of additional commodities determined under subsection (a). (d) Maintenance of effort If a State uses its own funds to provide com- modities or services to organizations receiving funds or services under this section, such State shall not diminish the level of support it pro- vides to such organizations. (Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648; amended Pub. L. 101–624, title XVII, § 1772(g), (h)(1), Nov. 28, 1990, 104 Stat. 3809; Pub. L. 104–127, title IV, § 403(c), Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104–193, title VIII, § 871(d), Aug. 22, 1996, 110 Stat. 2345.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–193, § 871(d)(1), (2), redes- ignated subsec. (f) as (a) and struck out former subsec. (a) which provided for purpose of section. Pub. L. 104–127, § 403(c)(1), substituted ‘‘2002’’ for ‘‘1995’’. Subsec. (b). Pub. L. 104–193, § 871(d)(1)–(3), redesig- nated subsec. (g) as (b), substituted ‘‘subsection (a),’’ for ‘‘subsection (f) of this section or subsection (j) of this section if applicable,’’ and ‘‘subsection (a)’’ for ‘‘subsection (f) of this section’’, and struck out former subsec. (b) which provided definitions for section. Subsec. (c). Pub. L. 104–193, § 871(d)(4), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘Subject to subsections (e) and (f) of this section, or subsection (j) of this section if applicable, purchases under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines appropriate within each fiscal year. All such commodities pur- chased for each such fiscal year shall be delivered at reasonable intervals to States based on the allotments calculated under subsection (f) of this section, or re- allocated under subsection (g) of this section, or cal- culated under subsection (j) of this section if applica- ble, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commod- ities that results from the application of the formula set forth in this section to the total value of additional commodities.’’ Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (h) as (c) and struck out former subsec. (c) which author- ized Secretary to purchase additional commodities to supplement commodities otherwise provided under pro- gram authorized by this chapter. Subsec. (d). Pub. L. 104–193, § 871(d)(5), struck out ‘‘or reduce the amount of funds available for other nutri- tion programs in the State in each fiscal year’’ after ‘‘such organizations’’. Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (i) as (d) and struck out former subsec. (d) which provided for types and varieties of commodities which could be purchased under this section. Subsec. (e). Pub. L. 104–193, § 871(d)(1), struck out sub- sec. (e) which appropriated amounts through fiscal year 2002 for purchase of additional commodities under this section. Pub. L. 104–127, § 403(c)(2), substituted ‘‘2002’’ for ‘‘1995’’ in two places. Subsecs. (f) to (i). Pub. L. 104–193, § 871(d)(2), redesig- nated subsecs. (f) to (i) as (a) to (d), respectively. Subsec. (j). Pub. L. 104–193, § 871(d)(1), struck out sub- sec. (j) which authorized Secretary to promulgate new Page 2051 TITLE 7—AGRICULTURE § 7517 formula for allocation of additional commodities to States. 1990—Subsec. (a). Pub. L. 101–624, § 1772(g)(1), sub- stituted ‘‘fiscal years 1991 through 1995’’ for ‘‘fiscal years 1989 and 1990’’. Subsec. (e). Pub. L. 101–624, § 1772(g)(2), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘During each of the fiscal years 1989 and 1990, the Secretary shall spend $120,000,000 to purchase, process, and distribute addi- tional commodities under this section.’’ Subsec. (k). Pub. L. 101–624, § 1772(h)(1), struck out heading and text of subsec. (k). Text read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: ‘‘The amendments made by subsection (d) [amending this section] shall become ef- fective on October 1, 1996.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1772(g) of Pub. L. 101–624 effec- tive Oct. 1, 1990, and amendment by section 1772(h)(1) of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title. § 7516. Settlement and adjustment of claims (a) In general The Secretary or a designee of the Secretary shall have the authority to— (1) determine the amount of, settle, and ad- just any claim arising under this chapter; and (2) waive such a claim if the Secretary deter- mines that to do so will serve the purposes of this chapter. (b) Litigation Nothing contained in this section shall be con- strued to diminish the authority of the Attorney General of the United States under section 516 of title 28 to conduct litigation on behalf of the United States. (Pub. L. 98–8, title II, § 215, as added Pub. L. 102–237, title IX, § 922(b), Dec. 13, 1991, 105 Stat. 1888.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title. § 7517. The Gus Schumacher nutrition incentive program (a) In general In this section: (1) Eligible entity The term ‘‘eligible entity’’ means a govern- mental agency or nonprofit organization. (2) Emergency feeding organization The term ‘‘emergency feeding organization’’ has the meaning given the term in section 7501 of this title. (3) Supplemental nutrition assistance program The term ‘‘supplemental nutrition assist- ance program’’ means— (A) the supplemental nutrition assistance program established under the Food and Nu- trition Act of 2008 (7 U.S.C. 2011 et seq.); and (B) the programs for nutrition assistance under section 19 of such Act (7 U.S.C. 2028). (4) Healthcare partner The term ‘‘healthcare partner’’ means a healthcare provider, including— (A) a hospital; (B) a Federally-qualified health center (as defined in section 1905(l) of the Social Secu- rity Act (42 U.S.C. 1396d(l))); (C) a hospital or clinic operated by the Secretary of Veterans Affairs; or (D) a healthcare provider group. (5) Member The term ‘‘member’’ means, as determined by the applicable eligible entity or healthcare partner carrying out a project under sub- section (c) in accordance with procedures es- tablished by the Secretary— (A) an individual eligible for— (i) benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or (ii) medical assistance under a State plan or a waiver of such a plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and enrolled under such plan or waiver; and (B) a member of a low-income household that suffers from, or is at risk of developing, a diet-related health condition. (b) Food insecurity nutrition incentive grants (1) Authorization (A) In general In each of the years specified in subsection (c), the Secretary shall make grants to eligi- ble entities in accordance with paragraph (2). (B) Partners and collaborators An eligible entity that receives a grant under this subsection may partner with, or make subgrants to, public, private, non- profit, or for-profit entities, including— (i) an emergency feeding organization; (ii) an agricultural cooperative; (iii) a producer network or association; (iv) a community health organization; (v) a public benefit corporation; (vi) an economic development corpora- tion; (vii) a farmers’ market; (viii) a community-supported agriculture program; (ix) a buying club; (x) a retail food store participating in the supplemental nutrition assistance pro- gram; (xi) a State, local, or tribal agency;

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

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

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42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

Page 4009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396 of the enactment of this Act [Oct. 6, 2014], the Sec- retary shall develop and report to Congress on a stra- tegic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Se- curity Act, as added by subsection (a), and, as the Sec- retary determines appropriate, other similar provisions of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).’’ SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS § 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the impli

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

42 U.S.C. § 1396d — Definitions

For purposes of this subchapter— **(a) Medical assistance** The term “medical assistance” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in [section 1396a(a)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/A&num=0&edition=prelim)) not receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are— (i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, (ii) relatives specified in section 606(b)(1) 11 See References in Text note below. of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV, (iii) 65 years of age or older, (iv) blind, with respect to Sta

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42 U.S.C. § 1396d — Definitions

Page 4178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396c 1 See References in Text note below. title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] the regulations promulgated pursu- ant to section 1886(d)(4)(D) of such Act (42 U.S.C. 1395ww(d)(4)(D)) relating to the prohibition of payments based on the presence of a secondary diagnosis code specified by the Secretary in such regulations, as appropriate for the Medicaid pro- gram. The Secretary may exclude certain condi- tions identified under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] for non-pay- ment under title XIX of such Act when the Sec- retary finds the inclusion of such conditions to be inapplicable to beneficiaries under title XIX. (Pub. L. 111–148, title II, § 2702, Mar. 23, 2010, 124 Stat. 318.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to this subchapter. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of this chapter. For complete clas- sification of this Act to the Code, see section 1305 of this title and Tables. CODIFICATION Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Social Security Act which comprises this chapter. § 1396c. Operation of State plans If the Secretary, after reasonable notice and opportunity for hearing to the State agency ad- ministering or supervising the administration of the State plan approved under this subchapter, finds— (1) that the plan has been so changed that it no longer complies with the provisions of sec- tion 1396a of this title; or (2) that in the administration of the plan there is a fail

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

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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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

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

7 U.S.C. § 2028 — Consolidated block grants for Puerto Rico and American Samoa

**(a) Payments to governmental entities** (1) **Definition of governmental entity** — In this subsection, the term “governmental entity” means— (A) the Commonwealth of Puerto Rico; and (B) American Samoa. (2) **Block grants** (A) *Amount of block grants* — From the sums appropriated under this chapter, the Secretary shall, subject to this section, pay to governmental entities to pay the expenditures for nutrition assistance programs for needy persons as described in subparagraphs (B) and (C)— (i) for fiscal year 2003, $1,401,000,000; and (ii) subject to the availability of appropriations under [section 2027(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2027/a&num=0&edition=prelim), for each fiscal year thereafter, the amount specified in clause (i), as adjusted by the percentage by which the thrifty food plan has been adjusted under [section 2012(u)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012/u/3&num=0&edition=prelim) between June 30, 2002, and June 30 of the immediately preceding fiscal year. (B) *Payments to Commonwealth of Puerto Rico* (i) *In general* — For fiscal year 2003 and each fiscal year thereafter, the Secretary shall use 99.6 percent of the funds made available under subparagraph (A) for payment to the Commonwealth of Puerto Rico to pay— (I) 100 percent of the expenditures by the Commonwealth for the fiscal year for the provision of nutrition assistance included in the plan of the Commonwealth approved under subsection (b); and (II) 50 percent of the related administrative expenses. (ii) *Exception for expenditures for certain systems* — Notwithstanding clause (i), the Commonwealth of Puerto Rico may spend in f

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7 U.S.C. § 2028 — Consolidated block grants for Puerto Rico

Page 1373 TITLE 7—AGRICULTURE § 2028 the second preceding month’s expenditure, including administrative costs, as well as the cumulative totals for the fiscal year. In each monthly report, the Sec- retary shall also state whether there is reason to be- lieve that supplemental appropriations will be needed to support the operation of the program through the end of the fiscal year.’’ 1996—Subsec. (a)(1). Pub. L. 104–193 substituted ‘‘1996 through 2002’’ for ‘‘1991 through 1997’’ in first sentence. Pub. L. 104–127 substituted ‘‘1991 through 1997’’ for ‘‘1991 through 1995’’ in first sentence. 1990—Subsec. (a)(1). Pub. L. 101–624, §§ 1760(1)(A), 1761(1), substituted ‘‘To carry out this chapter, there are authorized to be appropriated such sums as are nec- essary for each of the fiscal years 1991 through 1995.’’ for former first two sentences which related to author- izations of appropriation for fiscal years ending Sep- tember 30, 1978 through September 30, 1990, and inserted ‘‘, subject to paragraph (3)’’. Pub. L. 101–624, § 1760(1)(B), substituted ‘‘supple- mental appropriations will be needed to support the op- eration of the program through the end of the fiscal year’’ for ‘‘reductions in the value of allotments issued to households certified to participate in the food stamp program will be necessary under subsection (b) of this section’’. Subsec. (a)(3). Pub. L. 101–624, § 1761(2), added par. (3). Subsec. (b). Pub. L. 101–624, § 1760(2), struck out ‘‘amount authorized in subsection (a)(1) of this section’’ after ‘‘exceed the appropriation’’. 1985—Subsec. (a)(1). Pub. L. 99–198, § 1541(1), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1986, 1987, 1988, 1989, and 1990. Subsec. (b). Pub. L. 99–198, § 1541(2), subs

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

7 U.S.C. § 7515 — Allotment and delivery of commodities

**(a) Mandatory allotments** In each fiscal year, the Secretary shall allot— (1) 60 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 60 percent of the total value of additional commodities as the number of persons in households within the State having incomes below the poverty line bears to the total number of persons in households within all States having incomes below such poverty line, and each State shall be entitled to receive such value of additional commodities; and (2) 40 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 40 percent of the total value of additional commodities as the average monthly number of unemployed persons within the State bears to the average monthly number of unemployed persons within all States during the same fiscal year, and each State shall be entitled to receive such value of additional commodities. **(b) Reallocation** The Secretary shall notify each State of the amount of the additional commodities that such State is allotted to receive under subsection (a), and each State shall promptly notify the Secretary if such State determines that it will not accept any or all of the commodities made available under such allocation. On such a notification by a State, the Secretary shall reallocate and distribute the amount the State was allocated to receive under the formula prescribed in subsection (a) but declined to accept. The Secretary shall further establish procedures to permit States to decline to receive portions of such allocation during each fiscal year as the State determines

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