7 U.S.C. § 2012a — Publicly operated community health cen-

Page 1243 TITLE 7—AGRICULTURE § 2012a 1 See References in Text note below. CONTINUED ELIGIBILITY Pub. L. 103–225, title II, § 205, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), May 22, 2008, 122 Stat. 1095, 1096, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1871, provided that: ‘‘An establish- ment or house-to-house trade route that is otherwise authorized to accept and redeem coupons under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the day before the date of enactment of this Act [Mar. 25, 1994] shall be considered to meet the definition of ‘retail food store’ in section 3(p) [now 3(o)] of that Act [now 7 U.S.C. 2012(o)] until the earlier of— ‘‘(1) the periodic reauthorization of the establish- ment or route; or ‘‘(2) such time as the eligibility of the establish- ment or route for continued participation in the sup- plemental nutrition assistance program is evaluated for any reason.’’ REPORT ON IMPACT ON RETAIL FOOD STORES Pub. L. 103–225, title II, § 206, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(B), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: ‘‘Not later than 18 months after the date of enact- ment of this Act [Mar. 25, 1994], the Secretary of Agri- culture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the impact of the amendments made by sections 201 and 202 [amending this section and section 2018 of this title] on the involvement of retail food stores in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), including a description of— ‘‘(1) the numbers and types of stores that were newly authorized to participate in the supplemental nutrition assistance program after implementation of the amendments; ‘‘(2) the numbers and types of stores that were withdrawn from the supplemental nutrition assist- ance program after implementation of the amend- ments; ‘‘(3) the procedures used by the Secretary, and the adequacy of the procedures used, to determine the eligibility of stores to participate in the supple- mental nutrition assistance program and to authorize and reauthorize the stores to participate in the sup- plemental nutrition assistance program; ‘‘(4) the adequacy of the guidance provided by the Secretary to retail food stores concerning— ‘‘(A) the definitions of ‘retail food store’, ‘staple foods’, ‘eligible foods’, and ‘perishable foods’ for purposes of the supplemental nutrition assistance program; and ‘‘(B) eligibility criteria for stores to participate in the supplemental nutrition assistance program; and ‘‘(5) an assessment of whether the amendment to the definition of ‘retail food store’ under section 3(k) of such Act [subsec. (k) of this section] (as amended by section 201(1)) has had an adverse effect on the in- tegrity of the supplemental nutrition assistance pro- gram.’’ CONTINUING ELIGIBILITY OF CERTAIN RETAIL FOOD STORES Pub. L. 103–205, § 2, Dec. 17, 1993, 107 Stat. 2418, as amended by Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), May 22, 2008, 122 Stat. 1095–1097, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870, 1871, pro- vided that: ‘‘Notwithstanding any other provision of law, during the period beginning on the date of enact- ment of this Act [Dec. 17, 1993] and ending on March 15, 1994, an establishment or house-to-house trade route that is otherwise authorized to accept and redeem ben- efits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the date of enactment of this Act may not be disqualified from participation in the supple- mental nutrition assistance program solely because the establishment or trade route does not meet the defini- tion of ‘retail food store’ under section 3(p)(1) [now 3(o)(1)] of such Act (7 U.S.C. 2012(k)(1) [now 2012(o)(1)]).’’ PUBLICLY OPERATED COMMUNITY HEALTH CENTERS Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 734, pro- vided in part: ‘‘That notwithstanding any other provi- sion of law or this joint resolution, the provisions of subsections (f) and (i) of section 3 and section 10 of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008], as amended [7 U.S.C. 2012(h), (m) and 2019], concerning private, nonprofit drug addiction or alco- holic treatment and rehabilitation programs, shall also be applicable to publicly operated community health centers’’. [Reference to community health center, migrant health center, public housing health center, or home- less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of Title 42, The Public Health and Welfare.] ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RE- CIPIENTS FOR FOOD STAMPS DURING PRESCRIBED PE- RIOD BEGINNING JANUARY 1, 1974 Provisions respecting eligibility of supplemental se- curity income recipients for food stamps during pre- scribed period beginning Jan. 1, 1974, see section 8(c) of Pub. L. 93–233, Dec. 31, 1974, 87 Stat. 957, set out as a note under section 1382e of Title 42, The Public Health and Welfare. § 2012a. Publicly operated community health cen- ters Notwithstanding any other provision of law, the provisions of subsections (f) and (i) 1 of sec- tion 2012 of this title and section 2019 of this title, concerning private, nonprofit drug addic- tion or alcohol treatment and rehabilitation programs, shall henceforth also be applicable to publicly operated community health centers. (Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 297.) Editorial Notes REFERENCES IN TEXT Subsections (f) and (i) of section 2012 of this title, re- ferred to in text, were redesignated subsecs. (h) and (n), respectively, by Pub. L. 110–246, title IV, § 4115(b)(1)(M), June 18, 2008, 122 Stat. 1867. Subsec. (n) was subse- quently redesignated (m) by Pub. L. 113–79, title IV, § 4030(a)(4), Feb. 7, 2014, 128 Stat. 813. CODIFICATION Section was enacted as part of the Supplemental Ap- propriations Act, 1985, and not as part of the Food and Nutrition Act of 2008 which comprises this chapter. Statutory Notes and Related Subsidiaries REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- Page 1244 TITLE 7—AGRICULTURE § 2013 less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of Title 42, The Public Health and Welfare. § 2013. Establishment of supplemental nutrition assistance program (a) In general Subject to the availability of funds appro- priated under section 2027 of this title, the Sec- retary is authorized to formulate and admin- ister a supplemental nutrition assistance pro- gram under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The ben- efits so received by such households shall be used only to purchase food from retail food stores which have been approved for participa- tion in the supplemental nutrition assistance program. Benefits issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (b) Food distribution program on Indian reserva- tions (1) In general Distribution of commodities, with or with- out the supplemental nutrition assistance pro- gram, shall be made whenever a request for concurrent or separate food program oper- ations, respectively, is made by a tribal orga- nization. (2) Administration (A) In general Subject to subparagraphs (B) and (C), in the event of distribution on all or part of an Indian reservation, the appropriate agency of the State government in the area involved shall be responsible for the distribution. (B) Administration by tribal organization If the Secretary determines that a tribal organization is capable of effectively and ef- ficiently administering a distribution de- scribed in paragraph (1), then the tribal or- ganization shall administer the distribution. (C) Prohibition The Secretary shall not approve any plan for a distribution described in paragraph (1) that permits any household on any Indian reservation to participate simultaneously in the supplemental nutrition assistance pro- gram and the program established under this subsection. (3) Disqualified participants An individual who is disqualified from par- ticipation in the food distribution program on Indian reservations under this subsection is not eligible to participate in the supplemental nutrition assistance program under this chap- ter for a period of time to be determined by the Secretary. (4) Administrative costs (A) In general Subject to subparagraph (B), the Secretary shall pay not less than 80 percent of adminis- trative costs and distribution costs on In- dian reservations as the Secretary deter- mines necessary for effective administration of such distribution by a State agency or tribal organization. (B) Waiver The Secretary shall waive up to 100 per- cent of the non-Federal share of the costs described in subparagraph (A) if the Sec- retary determines that— (i) the tribal organization is financially unable to provide a greater non-Federal share of the costs; or (ii) providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization. (C) Limitation The Secretary may not reduce any bene- fits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B). (D) Tribal contribution The Secretary may allow a tribal organi- zation to use funds provided to the tribal or- ganization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph (A) if that use is otherwise consistent with the purpose of the funds. (5) Bison meat Subject to the availability of appropriations to carry out this paragraph, the Secretary may purchase bison meat for recipients of food distributed under this subsection, including bison meat from— (A) Native American bison producers; and (B) producer-owned cooperatives of bison ranchers. (6) Traditional and locally- and regionally- grown food fund (A) In general Subject to the availability of appropria- tions, the Secretary shall establish a fund for use in purchasing traditional and locally- and regionally-grown foods for recipients of food distributed under this subsection. (B) Native American producers Where practicable, of the food provided under subparagraph (A), at least 50 percent shall be produced by Native American farm- ers, ranchers, and producers. (C) Definition of traditional and locally- and regionally-grown The Secretary shall determine the defini- tion of the term ‘‘traditional and locally- and regionally-grown’’ with respect to food distributed under this paragraph. (D) Purchase of foods In carrying out this paragraph, the Sec- retary shall purchase or offer to purchase