(a) “Federal costs” defined
In this section, the term “Federal costs” does not include any Federal costs incurred under section 2026 of this title.
(c) Operation of ProgramIf a State elects to carry out a Program, within the State or a political subdivision of the State—
(4) subject to subsection (f), benefits under the Program shall be determined under rules and procedures established by the State under—
(d) Approval of Program
(1) State plan
A State agency may not operate a Program unless the Secretary approves a State plan for the operation of the Program under paragraph (2).
(2) Approval of planThe Secretary shall approve any State plan to carry out a Program if the Secretary determines that the plan—
(A)
complies with this section; and
(B)
contains sufficient documentation that the plan will not increase Federal costs for any fiscal year.
(e) Increased Federal costs
(1) Determination
(A) In general
The Secretary shall determine whether a Program being carried out by a State agency is increasing Federal costs under this chapter.
(B) No excluded households
In making a determination under subparagraph (A), the Secretary shall not require the State agency to collect or report any information on households not included in the Program.
(C) Alternative accounting periods
The Secretary may approve the request of a State agency to apply alternative accounting periods to determine if Federal costs do not exceed the Federal costs had the State agency not elected to carry out the Program.
(2) Notification
If the Secretary determines that the Program has increased Federal costs under this chapter for any fiscal year or any portion of any fiscal year, the Secretary shall notify the State not later than 30 days after the Secretary makes the determination under paragraph (1).
(3) Enforcement
(A) Corrective action
Not later than 90 days after the date of a notification under paragraph (2), the State shall submit a plan for approval by the Secretary for prompt corrective action that is designed to prevent the Program from increasing Federal costs under this chapter.
(B) Termination
If the State does not submit a plan under subparagraph (A) or carry out a plan approved by the Secretary, the Secretary shall terminate the approval of the State agency operating the Program and the State agency shall be ineligible to operate a future Program.
(f) Rules and procedures
(2) Standardized deductions
In operating a Program, a State or political subdivision of a State may standardize the deductions provided under section 2014(e) of this title. In developing the standardized deduction, the State shall consider the work expenses, dependent care costs, and shelter costs of participating households.
(3) RequirementsIn operating a Program, a State or political subdivision shall comply with the requirements of—
(4) Limitation on eligibility
Notwithstanding any other provision of this section, a household may not receive benefits under this section as a result of the eligibility of the household under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), unless the Secretary determines that any household with income above 130 percent of the poverty guidelines is not eligible for the program.
(
Pub. L. 88–525, § 26, as added
Pub. L. 104–193, title VIII, § 854(a),
Aug. 22, 1996,
110 Stat. 2340; amended
Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16),
May 22, 2008,
122 Stat. 1092, 1095, 1109;
Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(12), 4115(b)(16),
June 18, 2008,
122 Stat. 1664, 1853, 1857, 1870;
Pub. L. 113–79, title IV, § 4030(
l),
Feb. 7, 2014,
128 Stat. 814;
Pub. L. 115–334, title IV, § 4022(9),
Dec. 20, 2018,
132 Stat. 4654.)
References in Text
The Social Security Act, referred to in subsecs. (c) and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2018—Subsec. (b). Pub. L. 115–334 substituted “carry out a simplified supplemental nutrition assistance program” for “carry out a Simplified Food Stamp Program”.
2014—Subsec. (f)(3)(C). Pub. L. 113–79 substituted “subsections” for “subsection”.
2008—Pub. L. 110–246, § 4002(a)(12)(A), substituted “Simplified supplemental nutrition assistance program” for “Simplified Food Stamp Program” in section catchline.
Subsec. (b). Pub. L. 110–246, § 4002(a)(12)(B), which directed amendment of subsec. (b) by substituting “simplified supplemental nutrition assistance program” for “simplified food stamp program”, could not be executed because the term “simplified food stamp program” did not appear.
Subsec. (c)(4)(B), (C). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (f)(1). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (f)(3)(A). Pub. L. 110–246, § 4115(b)(16)(A), substituted “subsections (a) through (f)” for “subsections (a) through (g)”.
Subsec. (f)(3)(E). Pub. L. 110–246, § 4115(b)(16)(B), substituted “(15), (17), (18), (22), and (23)” for “(16), (18), (20), (24), and (25)”.
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 otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
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