7 U.S.C. § 2020
Section 2020 · Administration
Current version, with additions and removals from the December 21, 1995 version.
(1) In general
The State agency of each participating State shall have responsibility for certifying applicant households and issuing EBT cards.
(2) Local administration
The responsibility of the agency of the State government shall not be affected by whether the program is operated on a State-administered or county-administered basis, as provided under section 2012(s)(1) of this title.
(3) Records
(A) In general
(B) Inspection and audit
All records, and the entire information systems in which records are contained, that are covered in subparagraph (A) shall—
(i) be made available for inspection and audit by the Secretary, subject to data and security protocols agreed to by the State agency and Secretary;
(ii) subject to subsection (e)(8), be available for review in any action filed by a household to enforce any provision of this chapter (including regulations issued under this chapter); and
(iii) be preserved for such period of not less than 3 years as may be specified in regulations.
(4) Review of major changes in program design
(A) In general
The Secretary shall develop standards for identifying major changes in the operations of a State agency, including—
(i) large or substantially-increased numbers of low-income households that do not live in reasonable proximity to an office performing the major functions described in subsection (e);
(ii) substantial increases in reliance on automated systems for the performance of responsibilities previously performed by personnel described in subsection (e)(6)(B);
(iii) changes that potentially increase the difficulty of reporting information under subsection (e) or section 2015(c) of this title; and
(iv) changes that may disproportionately increase the burdens on any of the types of households described in subsection (e)(2)(A).
(B) Notification
If a State agency implements a major change in operations, the State agency shall—
(i) notify the Secretary; and
(ii) collect such information as the Secretary shall require to identify and correct any adverse effects on program integrity or access, including access by any of the types of households described in subsection (e)(2)(A).
(1) In general
(2) Relation to other laws
The administration of the program by a State agency shall be consistent with the rights of households under the following laws (including implementing regulations):
(A) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
(B) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(C) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(D) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
The State plan of operation required under subsection (d) of this section shall provide, among such other provisions as may be required by regulation—
The State plan of operation required under subsection (d) of this section shall provide, among such other provisions as may be required by regulation—
(1) that the State agency shall—
(2) that each household which contacts a food stamp office in person during office hours to make what may reasonably be interpreted as an oral or written request for food stamp assistance shall receive and shall be permitted to file, on the same day that such contact is first made, a simplified, uniform national application form for participation in the food stamp program designed by the Secretary, unless the Secretary approves a deviation from that form by a particular State agency because of the use by that agency of a dual public assistance food stamp application form pursuant to subsection (i) of this section, the requirements of an agency's computer system, or other exigencies as determined by the Secretary, and in approving such deviation, the Secretary takes into account whether such State forms are easy to use, brief and readable. In consultation with the Secretary of Health and Human Services, the Secretary shall develop a program to provide assistance to States that request assistance in the development of brief, simply-written and readable application forms including application forms that cover the food stamp program, the aid to families with dependent children program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and medical assistance programs administered by the Secretary of Health and Human Services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). Each food stamp application form shall contain, in plain and prominent language on its front cover, a place where applicants can write their names, addresses, and signatures, and (on or near its front cover) explanations in understandable terms informing households of their right to file the application without immediately completing additional sections, describing the expedited processing requirements of subsection (e)(9) of this section and informing households that benefits are provided only from the date of application. Each application form shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this chapter, including the penalties therefor, by members of an eligible household. Each application shall also contain in understandable terms and in prominent and boldface lettering a statement that the information provided by the applicant in connection with the application for a coupon allotment will be subject to verification by Federal, State, and local officials to determine if such information is factual and that if any material part of such information is incorrect, food stamps may be denied to the applicant, and that the applicant may be subjected to criminal prosecution for knowingly providing incorrect information. The State agency shall waive in-office interviews, on a household's request, if a household is unable to appoint an authorized representative pursuant to paragraph (7) and has no adult household members able to come to the appropriate State agency office because such members are elderly, are mentally or physically handicapped, live in a location not served by a certification office, or have transportation difficulties or similar hardships as determined by the State agency (including hardships due to residing in a rural area, illness, care of a household member, prolonged severe weather, or work or training hours). If an in-office interview is waived, the State agency may conduct a telephone interview or a home visit. The State agency shall provide for telephone contact by, mail delivery of forms to, and mail return of forms by, households that have transportation difficulties or similar hardships. The State agency shall require that an adult representative of each household that is applying for food stamp benefits shall certify in writing, under penalty of perjury, that the information contained in the application is true and that all members of the household are either citizens or are aliens eligible to receive food stamps under section 2015(f) of this title. The signature of the adult under this section shall be deemed sufficient to comply with any provision of Federal law requiring household members to sign the application or statements in connection with the application process. The State agency shall provide a method of certifying and issuing coupons to eligible households that do not reside in permanent dwellings or who do not have fixed mailing addresses. In carrying out the preceding sentence, the State agency shall take such steps as are necessary to ensure that participation in the food stamp program is limited to eligible households;
(B) comply with regulations of the Secretary requiring the use of appropriate bilingual personnel and printed material in the administration of the program in those portions of political subdivisions in the State in which a substantial number of members of low-income households speak a language other than English;
(2)(A) that the State agency shall establish procedures governing the operation of supplemental nutrition assistance program offices that the State agency determines best serve households in the State, including households with special needs, such as households with elderly or disabled members, households in rural areas with low-income members, homeless individuals, households residing on reservations, and households in areas in which a substantial number of members of low-income households speak a language other than English.
(B) In carrying out subparagraph (A), a State agency—
(i) shall provide timely, accurate, and fair service to applicants for, and participants in, the supplemental nutrition assistance program;
(ii)(I) shall develop an application containing the information necessary to comply with this chapter; and
(II) if the State agency maintains a website for the State agency, shall make the application available on the website in each language in which the State agency makes a printed application available;
(iii) shall permit an applicant household to apply to participate in the program on the same day that the household first contacts a supplemental nutrition assistance program office in person during office hours;
(iv) shall consider an application that contains the name, address, and signature of the applicant to be filed on the date the applicant submits the application;
(v) shall require that an adult representative of each applicant household certify in writing, under penalty of perjury, that—
(I) the information contained in the application is true; and
(II) all members of the household are citizens or are aliens eligible to receive supplemental nutrition assistance program benefits under section 2015(f) of this title;
(vi) shall provide a method of certifying and issuing benefits to eligible homeless individuals, to ensure that participation in the supplemental nutrition assistance program is limited to eligible households; and
(vii) may establish operating procedures that vary for local supplemental nutrition assistance program offices to reflect regional and local differences within the State.
(C) Electronic and automated systems.—
(i) In general.—Nothing in this chapter shall prohibit the use of signatures provided and maintained electronically, storage of records using automated retrieval systems only, or any other feature of a State agency's application system that does not rely exclusively on the collection and retention of paper applications or other records.
(ii) State option for telephonic signature.—A State agency may establish a system by which an applicant household may sign an application through a recorded verbal assent over the telephone.
(iii) Requirements.—A system established under clause (ii) shall—
(I) record for future reference the verbal assent of the household member and the information to which assent was given;
(II) include effective safeguards against impersonation, identity theft, and invasions of privacy;
(III) not deny or interfere with the right of the household to apply in writing;
(IV) promptly provide to the household member a written copy of the completed application, with instructions for a simple procedure for correcting any errors or omissions;
(V) comply with paragraph (1)(B);
(VI) satisfy all requirements for a signature on an application under this chapter and other laws applicable to the supplemental nutrition assistance program, with the date on which the household member provides verbal assent considered as the date of application for all purposes; and
(VII) comply with such other standards as the Secretary may establish.
(D) The signature of any adult under this paragraph shall be considered sufficient to comply with any provision of Federal law requiring a household member to sign an application or statement;
(A) provide each applicant household, at the time of application, a clear written statement explaining what acts the household must perform to cooperate in obtaining verification and otherwise completing the application process;
(B) assist each applicant household in obtaining appropriate verification and completing the application process;
(C) not require any household to submit additional proof of a matter on which the State agency already has current verification as determined under regulations issued by the Secretary, unless the State agency has reason to believe that the information possessed by the agency is inaccurate, incomplete, or inconsistent;
(D) subject to subparagraph (E), not deny any application for participation under this program solely because of the failure of a person outside the household to cooperate (other than an individual failing to cooperate who would otherwise be a household member but for the operation of any of the individual disqualification provisions of subsections (b), (d), (e), (f), and (g) of section 2015 of this title); and
(E) process applications if a household complies with the requirements of the first sentence of section 2015(c) of this title, by taking appropriate steps to verify information otherwise required to be verified under this chapter,
and that the State agency shall provide the household, at the time of each certification and recertification, with a statement describing the reporting responsibilities of the household under this chapter, and provide a toll-free or local telephone number, or a telephone number at which collect calls will be accepted by the State agency, at which the household may reach an appropriate representative of the State agency. Under rules prescribed by the Secretary, a State agency shall develop standard estimates of the shelter expenses that may reasonably be expected to be incurred by households in which all members are homeless but that are not receiving free shelter throughout the month. The Secretary may issue regulations to preclude the use of the estimates for households with extremely low shelter costs for whom the following sentence shall not apply. A State agency shall use the estimates in determining the allotments of the households, unless a household verifies higher expenses;
(4) that the State agency shall insure that each participating household receive a notice of expiration of its certification prior to the start of the last month of its certification period advising the household that it must submit a new application in order to renew its eligibility for a new certification period and, further, that each such household which seeks to be certified another time or more times thereafter by filing an application for such recertification no later than fifteen days prior to the day upon which its existing certification period expires shall, if found to be still eligible, receive its allotment no later than one month after the receipt of the last allotment issued to it pursuant to its prior certification, but if such household is found to be ineligible or to be eligible for a smaller allotment during the new certification period it shall not continue to participate and receive benefits on the basis authorized for the preceding certification period even if it makes a timely request for a fair hearing pursuant to paragraph (10) of this subsection: Provided, That the timeliness standards for submitting the notice of expiration and filing an application for recertification may be modified by the Secretary in light of sections 2014(f)(2) and 2015(c) of this title if administratively necessary;
(4) that the State agency shall insure that each participating household receive a notice of expiration of its certification prior to the start of the last month of its certification period advising the household that it must submit a new application in order to renew its eligibility for a new certification period and, further, that each such household which seeks to be certified another time or more times thereafter by filing an application for such recertification no later than fifteen days prior to the day upon which its existing certification period expires shall, if found to be still eligible, receive its allotment no later than one month after the receipt of the last allotment issued to it pursuant to its prior certification, but if such household is found to be ineligible or to be eligible for a smaller allotment during the new certification period it shall not continue to participate and receive benefits on the basis authorized for the preceding certification period even if it makes a timely request for a fair hearing pursuant to paragraph (10) of this subsection: Provided, That the timeliness standards for submitting the notice of expiration and filing an application for recertification may be modified by the Secretary in light of sections 2014(f)(2) and 2015(c) of this title if administratively necessary;
(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 2014 and 2015 of this title and shall include no additional requirements imposed by the State agency;
(5) the specific standards to be used in determining the eligibility of applicant households which shall be in accordance with sections 2014 and 2015 of this title and shall include no additional requirements imposed by the State agency;
(6) that—
(A) the State agency shall undertake the certification of applicant households in accordance with the general procedures prescribed by the Secretary in the regulations issued pursuant to this chapter; and
(8) safeguards which prohibit the use or disclosure of information obtained from applicant households, except that—
(A) the safeguards shall permit—
(i) the disclosure of such information to persons directly connected with the administration or enforcement of the provisions of this chapter, regulations issued pursuant to this chapter, Federal assistance programs, or federally-assisted State programs; and
(ii) the subsequent use of the information by persons described in clause (i) only for such administration or enforcement;
(B) the safeguards shall not prevent the use or disclosure of such information to the Comptroller General of the United States for audit and examination authorized by any other provision of law;
(D) the safeguards shall not prevent the use by, or disclosure of such information, to agencies of the Federal Government (including the United States Postal Service) for purposes of collecting the amount of an overissuance of benefits, as determined under section 2022(b) of this title, from Federal pay (including salaries and pensions) as authorized pursuant to section 5514 of title 5 or a Federal income tax refund as authorized by section 3720A of title 31;
(E) notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any member of a household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that—
(i) the member—
(I) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under Federal or State law; or
(II) has information that is necessary for the officer to conduct an official duty related to subclause (I);
(ii) locating or apprehending the member is an official duty; and
(iii) the request is being made in the proper exercise of an official duty; and
(F) the safeguards shall not prevent compliance with paragraph (15) or (18)(B) or subsection (u);
(9) that the State agency shall—
(9) that the State agency shall—
(i)(I) has gross income that is less than $150 per month; or
(i)(I) has gross income that is less than $150 per month; or
(II) is a destitute migrant or a seasonal farmworker household in accordance with the regulations governing such households in effect July 1, 1982; and
(II) is a destitute migrant or a seasonal farmworker household in accordance with the regulations governing such households in effect July 1, 1982; and
(ii) has liquid resources that do not exceed $100;
(ii) has liquid resources that do not exceed $100;
(C) provide coupons no later than five days after the date of application to any household that has a combined gross income and liquid resources that is less than the monthly rent, or mortgage, and utilities of the household; and
(12) for the submission of such reports and other information as from time to time may be required by the Secretary;
(12) for the submission of such reports and other information as from time to time may be required by the Secretary;
(13) for indicators of expected performance in the administration of the program;
(13) for indicators of expected performance in the administration of the program;
(14) that the State agency shall prominently display in all food stamp and public assistance offices posters prepared or obtained by the Secretary describing the information contained in subparagraphs (A) through (D) of this paragraph and shall make available in such offices for home use pamphlets prepared or obtained by the Secretary listing (A) foods that contain substantial amounts of recommended daily allowances of vitamins, minerals, and protein for children and adults; (B) menus that combine such foods into meals; (C) details on eligibility for other programs administered by the Secretary that provide nutrition benefits; and (D) general information on the relationship between health and diet;
(16) that the State agency shall require each household certified as eligible to participate by methods other than the out-of-office methods specified in the fourth sentence of paragraph (2) of this subsection in those project areas or parts of project areas in which the Secretary, in consultation with the Department's Inspector General, finds that it would be useful to protect the program's integrity and would be cost effective, to present a photographic identification card when using its authorization card in order to receive its coupons. The State agency may permit a member of a household to comply with this paragraph by presenting a photographic identification card used to receive assistance under a welfare or public assistance program;
(20) that, in project areas or parts thereof where authorization cards are used, and eligible households are required to present photographic identification cards in order to receive their coupons, the State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been stolen or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State agency for the face value of any coupons issued in the transaction in which such card is used and the issuer fails to comply with the requirements of clause (A) of this paragraph;
(A) to verify and otherwise ensure that an individual does not receive benefits in more than 1 jurisdiction within the State; and
(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the supplemental nutrition assistance program as a member of any household, except that—
(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and
(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.
(25) a procedure for designating project areas or parts of project areas that are rural and in which low-income persons face substantial difficulties in obtaining transportation. The State agency shall designate the areas according to procedures approved by the Secretary. In each area so designated, the State agency shall provide for the issuance of coupons by mail to all eligible households in the area, except that any household with mail losses exceeding levels established by the Secretary shall not be entitled to such a mailing and the State agency shall not be required to issue coupons by mail in those localities within such area where the mail loss rates exceed standards set by the Secretary.
To encourage the purchase, preparation, and consumption of nutritious foods, the Secretary is authorized to assign responsibility for the nutrition education of individuals eligible for food stamps, or the program for the distribution of commodities on reservations, to the Cooperative Extension Service, in cooperation with the Food and Nutrition Service. State agencies shall encourage food stamp program participants to participate in the expanded food and nutrition education program conducted under section 343(d) of this title, and any program established under sections 3175a through 3175e of this title. At the request of personnel of such education program, State agencies, wherever practicable, shall allow personnel and information materials of such education program to be placed in food stamp offices.
(22) the guidelines the State agency uses in carrying out section 2015(i) of this title;
(23) if a State elects to carry out a simplified supplemental nutrition assistance program under section 2035 of this title, the plans of the State agency for operating the program, including—
(A) the rules and procedures to be followed by the State agency to determine supplemental nutrition assistance program benefits;
(B) how the State agency will address the needs of households that experience high shelter costs in relation to the incomes of the households; and
(C) a description of the method by which the State agency will carry out a quality control system under section 2025(c) of this title;
(24) that the State agency shall request wage data directly from the National Directory of New Hires established under section 453(i) of the Social Security Act (42 U.S.C. 653(i)) relevant to determining eligibility to receive supplemental nutrition assistance program benefits and determining the correct amount of those benefits at the time of certification;
(25) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of section 2012(k) of this title—
(A) the plans of the State agency for operating the program, including—
(i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area;
(ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and
(iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and
(B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes—
(i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and
(ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i); and
(26) that for a household participating in the supplemental nutrition assistance program, the State agency shall pursue clarification and verification, if applicable, of information relating to the circumstances of the household received from data matches for the purpose of ensuring an accurate eligibility and benefit determination, only if the information—
(A) appears to present significantly conflicting information from the information that was used by the State agency at the time of certification of the household;
(B) is obtained from data matches carried out under subsection (q), (r), or (x); or
(C)(i) is less than 60 days old relative to the current month of participation of the household; and
(ii) if accurate, would have been required to be reported by the household based on the reporting requirements assigned to the household by the State agency under section 2015(c) of this title.
(1) Application procedures
Notwithstanding any other provision of law, households in which all members are applicants for or recipients of supplemental security income shall be informed of the availability of benefits under the supplemental nutrition assistance program and be assisted in making a simple application to participate in such program at the social security office and be certified for eligibility utilizing information contained in files of the Social Security Administration.
(2) Denial and termination
(A) applicants for and recipients of social security benefits are adequately notified in social security offices that assistance may be available to them under this chapter;
(A) applicants for and recipients of social security benefits are adequately notified in social security offices that assistance may be available to them under this chapter;
(B) applications for assistance under this chapter from households in which all members are applicants for or recipients of supplemental security income will be forwarded immediately to the State agency in an efficient and timely manner; and
(B) applications for assistance under this chapter from households in which all members are applicants for or recipients of supplemental security income will be forwarded immediately to the State agency in an efficient and timely manner; and
(C) the Commissioner of Social Security receives from the Secretary reimbursement for costs incurred to provide such services.
(C) the Commissioner of Social Security receives from the Secretary reimbursement for costs incurred to provide such services.
The Secretary shall provide for the use of fee agents in rural Alaska. As used in this subsection “fee agent” means a paid agent who, although not a State employee, is authorized by the State to make applications available to low-income households, assist in the completion of applications, conduct required interviews, secure required verification, forward completed applications and supporting documentation to the State agency, and provide other services as required by the State agency. Such services shall not include making final decisions on household eligibility or benefit levels.
The Secretary shall provide for the use of fee agents in rural Alaska. As used in this subsection "fee agent" means a paid agent who, although not a State employee, is authorized by the State to make applications available to low-income households, assist in the completion of applications, conduct required interviews, secure required verification, forward completed applications and supporting documentation to the State agency, and provide other services as required by the State agency. Such services shall not include making final decisions on household eligibility or benefit levels.
(5)(A) Subject to subparagraph (B), in the case of a plan for an automated data processing and information retrieval system submitted by a State agency to the Secretary under paragraph (2), such State agency shall—
(5)(A) Subject to subparagraph (B), in the case of a plan for an automated data processing and information retrieval system submitted by a State agency to the Secretary under paragraph (2), such State agency shall—
(i) commence implementation of its plan not later than October 1, 1988; and
(i) commence implementation of its plan not later than October 1, 1988; and
(ii) meet the time frames set forth in the plan.
(ii) meet the time frames set forth in the plan.
(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the Secretary deems appropriate based on the Secretary's finding of a good faith effort of a State agency to implement its plan in accordance with subparagraph (A).
(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the Secretary deems appropriate based on the Secretary's finding of a good faith effort of a State agency to implement its plan in accordance with subparagraph (A).
In carrying out the supplemental nutrition assistance program, a State agency shall be required to use an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7), and an income and eligibility verification system, in accordance with standards set by the Secretary.
The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in subsection (e)(18)(B) from participating in the supplemental nutrition assistance program as a member of any household.
Each State agency shall—
(1) enter into a cooperative arrangement with the Commissioner of Social Security, pursuant to the authority of the Commissioner under section 205(r)(3) of the Social Security Act (42 U.S.C. 405(r)(3)), to obtain information on individuals who are deceased; and
(2) use the information to verify and otherwise ensure that benefits are not issued to individuals who are deceased.
(1) In general
A State agency may provide transitional supplemental nutrition assistance program benefits—
(A) to a household that ceases to receive cash assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or
(B) at the option of the State, to a household with children that ceases to receive cash assistance under a State-funded public assistance program.
(2) Transitional benefits period
Under paragraph (1), a household may receive transitional supplemental nutrition assistance program benefits for a period of not more than 5 months after the date on which cash assistance is terminated.
(3) Amount of benefits
During the transitional benefits period under paragraph (2), a household shall receive an amount of supplemental nutrition assistance program benefits equal to the allotment received in the month immediately preceding the date on which cash assistance was terminated, adjusted for the change in household income as a result of—
(A) the termination of cash assistance; and
(B) at the option of the State agency, information from another program in which the household participates.
(4) Determination of future eligibility
In the final month of the transitional benefits period under paragraph (2), the State agency may—
(A) require the household to cooperate in a recertification of eligibility; and
(B) initiate a new certification period for the household without regard to whether the preceding certification period has expired.
(5) Limitation
A household shall not be eligible for transitional benefits under this subsection if the household—
(A) loses eligibility under section 2015 of this title;
(B) is sanctioned for a failure to perform an action required by Federal, State, or local law relating to a cash assistance program described in paragraph (1); or
(C) is a member of any other category of households designated by the State agency as ineligible for transitional benefits.
(6) Applications for recertification
(A) In general
A household receiving transitional benefits under this subsection may apply for recertification at any time during the transitional benefits period under paragraph (2).
(B) Determination of allotment
If a household applies for recertification under subparagraph (A), the allotment of the household for all subsequent months shall be determined without regard to this subsection.
(1) In general
Subject to the availability of appropriations under section 2027(a) of this title, for each fiscal year, the Secretary shall use not more than $5,000,000 of funds made available under section 2027(a)(1) of this title to make grants to pay 100 percent of the costs of eligible entities approved by the Secretary to carry out projects to develop and implement supplemental nutrition assistance program simplified application and eligibility determination systems.
(2) Types of projects
A project under paragraph (1) may consist of—
(A) coordinating application and eligibility determination processes, including verification practices, under the supplemental nutrition assistance program and other Federal, State, and local assistance programs;
(B) establishing enhanced technological methods that improve the administrative infrastructure used in processing applications and determining eligibility; or
(C) carrying out such other activities as the Secretary determines to be appropriate.
(3) Limitation
A grant under this subsection shall not be made for the ongoing cost of carrying out any project.
(4) Eligible entities
To be eligible to receive a grant under this subsection, an entity shall be—
(A) a State agency administering the supplemental nutrition assistance program;
(B) a State or local government;
(C) an agency providing health or welfare services;
(D) a public health or educational entity; or
(E) a private nonprofit entity such as a community-based organization, food bank, or other emergency feeding organization.
(5) Selection of eligible entities
The Secretary—
(A) shall develop criteria for the selection of eligible entities to receive grants under this subsection; and
(B) may give preference to any eligible entity that consists of a partnership between a governmental entity and a nongovernmental entity.
(1) In general
Each State agency shall enter into an agreement with the State agency administering the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(2) Contents
The agreement shall establish procedures that ensure that—
(A) any child receiving benefits under this chapter shall be certified as eligible for free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), without further application; and
(B) each State agency shall cooperate in carrying out paragraphs (3)(F) and (4) of section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)).
(1) Designation
The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern, under this chapter—
(A) necessary categories of information that State agencies operating related programs are required under applicable law to electronically exchange with another State agency; and
(B) Federal reporting and data exchange required under applicable law.
(2) Requirements
The data exchange standards required by paragraph (1) shall, to the maximum extent practicable—
(A) incorporate a widely accepted, nonproprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
(B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
(C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
(D) be consistent with and implement applicable accounting principles;
(E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
(F) be capable of being continually upgraded as necessary.
(3) Rules of construction
Nothing in this subsection requires a change to existing data exchange standards for Federal reporting found to be effective and efficient.
For households containing at least one adult, with no elderly or disabled members and with no earned income at their last certification or required report, a State agency shall, at the time of recertification, be required to advise members of the household not exempt under section 2015(d)(2) of this title regarding available employment and training services.
(1) Definition of indication of multiple issuance
In this subsection, the term "indication of multiple issuance" means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued to an individual by more than 1 State agency simultaneously.
(2) Establishment
(A) In general
The Secretary shall establish an interstate data system, to be known as the "National Accuracy Clearinghouse", to prevent multiple issuances of supplemental nutrition assistance program benefits to an individual by more than 1 State agency simultaneously.
(B) Data matching
The Secretary shall require that State agencies make available to the National Accuracy Clearinghouse only such information as is necessary for the purpose described in subparagraph (A).
(C) Data protection
The information made available by State agencies under subparagraph (B)—
(i) shall be used only for the purpose described in subparagraph (A);
(ii) shall be exempt from the disclosure requirements of section 552(a) of title 5 pursuant to section 552(b)(3) of title 5, to the extent such information is obtained or received by the Secretary;
(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A);
(iv) shall be used in a manner that protects the identity and location of a vulnerable individual (including a victim of domestic violence) that is an applicant for, or recipient of, supplemental nutrition assistance program benefits; and
(v) shall meet security standards as determined by the Secretary.
(3) Issuance of interim final regulations
Not later than 18 months after December 20, 2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that—
(A) incorporate best practices and lessons learned from the pilot program under section 2036c(c) of this title;
(B) require a State agency to take appropriate action, as determined by the Secretary, with respect to each indication of multiple issuance of supplemental nutrition assistance program benefits, or each indication that an individual receiving such benefits in 1 State has applied to receive such benefits in another State, while ensuring timely and fair service to applicants for, and recipients of, such benefits;
(C) establish standards to limit and protect the information submitted through or retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C);
(D) establish safeguards to protect—
(i) the information submitted through or retained by the National Accuracy Clearinghouse, including by limiting the period of time that information is retained to the period necessary to accomplish the purpose described in paragraph (2)(A); and
(ii) the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and
(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection.
(4) Timing
The initial match and corresponding actions required by paragraph (3)(B) shall occur within 3 years after December 20, 2018.