§ 2027. — Appropriations and allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2027]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2027. Appropriations and allotments
(a) Authorization of allotments; monthly reports of expenditures to
Congressional committees; restriction on use of funds; nutrition
education improvements
(1) To carry out this chapter, there are authorized to be
appropriated such sums as are necessary for each of the fiscal years
2003 through 2007. Not to exceed one-fourth of 1 per centum of the
previous year's appropriation is authorized in each such fiscal year to
carry out the provisions of section 2026 of this title, subject to
paragraph (3).
(2) No funds authorized to be appropriated under this chapter or any
other Act of Congress shall be used by any person, firm, corporation,
group, or organization at any time, directly or indirectly, to interfere
with or impede the implementation of any provision of this chapter or
any rule, regulation, or project thereunder, except that this limitation
shall not apply to the provision of legal and related assistance in
connection with any proceeding or action before any State or Federal
agency or court. The President shall ensure that this paragraph is
complied with by such order or other means as the President deems
appropriate.
(3)(A) Of the amounts made available under the second sentence of
paragraph (1), not more than $2,000,000 in any fiscal year may be used
by the Secretary to make 2-year competitive grants that will--
(i) enhance interagency cooperation in nutrition education
activities; and
(ii) develop cost effective ways to inform people eligible for
food stamps about nutrition, resource management, and community
nutrition education programs, such as the expanded food and
nutrition education program.
(B) The Secretary shall make awards under this paragraph to one or
more State cooperative extension services (as defined in section 3103(5)
of this title) who shall administer the grants in coordination with
other State or local agencies serving low-income people.
(C) Each project shall include an evaluation component and shall
develop an implementation plan for replication in other States.
(D) The Secretary shall report to the appropriate committees of
Congress on the results of the projects and shall disseminate the
results through the cooperative extension service system and to State
human services and health department offices, local food stamp program
offices, and other entities serving low-income households.
(b) Limitation of value of allotments; reduction of allotments
In any fiscal year, the Secretary shall limit the value of those
allotments issued to an amount not in excess of the appropriation for
such fiscal year. Notwithstanding any other provision of this chapter,
if in any fiscal year the Secretary finds that the requirements of
participating States will exceed the appropriation, the Secretary shall
direct State agencies to reduce the value of such allotments to be
issued to households certified as eligible to participate in the food
stamp program to the extent necessary to comply with the provisions of
this subsection.
(c) Manner of reducing allotments
In prescribing the manner in which allotments will be reduced under
subsection (b) of this section, the Secretary shall ensure that such
reductions reflect, to the maximum extent practicable, the ratio of
household income, determined under sections 2014(d) and 2014(e) of this
title, to the income standards of eligibility, for households of equal
size, determined under section 2014(c) of this title. The Secretary may,
in prescribing the manner in which allotments will be reduced, establish
(1) special provisions applicable to persons sixty years of age or over
and persons who are physically or mentally handicapped or otherwise
disabled, and (2) minimum allotments after any reductions are otherwise
determined under this section.
(d) Requisite action by Secretary to reduce allotments; statement to
Congressional committees
Not later than sixty days after the issuance of a report under
subsection (a) of this section in which the Secretary expresses the
belief that reductions in the value of allotments to be issued to
households certified to participate in the food stamp program will be
necessary, the Secretary shall take the requisite action to reduce
allotments in accordance with the requirements of this section. Not
later than seven days after the Secretary takes any action to reduce
allotments under this section, the Secretary shall furnish the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a statement setting
forth (1) the basis of the Secretary's determination, (2) the manner in
which the allotments will be reduced, and (3) the action that has been
taken by the Secretary to reduce the allotments.
(e) Disposition of funds collected pursuant to claims
Funds collected from claims against households or State agencies,
including claims collected pursuant to sections \1\ 2016(f) of this
title, subsections (g) and (h) of section 2020 of this title,
subsections (b) and (c) of section 2022 of this title, and section
2025(c)(1) of this title, claims resulting from resolution of audit
findings, and claims collected from households receiving overissuances,
shall be credited to the food stamp program appropriation account for
the fiscal year in which the collection occurs. Funds provided to State
agencies under section 2025(c) of this title shall be paid from the
appropriation account for the fiscal year in which the funds are
provided.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
(f) Transfer of funds
No funds appropriated to carry out this chapter may be transferred
to the Office of the Inspector General, or the Office of the General
Counsel, of the Department of Agriculture.
(Pub. L. 88-525, Sec. 18, as added Pub. L. 95-113, title XIII,
Sec. 1301, Sept. 29, 1977, 91 Stat. 979; amended Pub. L. 96-58, Sec. 1,
Aug. 14, 1979, 93 Stat. 389; Pub. L. 96-249, title I, Sec. 134, title
II, Sec. 201, May 26, 1980, 94 Stat. 368, 370; Pub. L. 97-18, Sec. 1,
June 30, 1981, 95 Stat. 102; Pub. L. 97-98, title XIII, Secs. 1331,
1332, Dec. 22, 1981, 95 Stat. 1291; Pub. L. 97-253, title I,
Secs. 180(b)(2), 183, Sept. 8, 1982, 96 Stat. 784, 785; Pub. L. 99-198,
title XV, Secs. 1535(c)(2), 1541, 1542(a), Dec. 23, 1985, 99 Stat. 1585,
1589; Pub. L. 101-624, title XVII, Secs. 1760, 1761, Nov. 28, 1990, 104
Stat. 3803, 3804; Pub. L. 104-127, title IV, Sec. 401(e), Apr. 4, 1996,
110 Stat. 1026; Pub. L. 104-193, title VIII, Sec. 853, Aug. 22, 1996,
110 Stat. 2339; Pub. L. 105-362, title I, Sec. 101(b), Nov. 10, 1998,
112 Stat. 3281; Pub. L. 107-171, title IV, Secs. 4118(c), 4122(c), May
13, 2002, 116 Stat. 321, 324.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-171, Sec. 4122(c), substituted
``2003 through 2007'' for ``1996 through 2002''.
Subsec. (e). Pub. L. 107-171, Sec. 4118(c), substituted
``subsections (g) and (h) of section 2020 of this title,'' for ``2020(g)
and (h), and'' and inserted ``and section 2025(c)(1) of this title,''
after ``section 2022 of this title,''.
1998--Subsec. (a)(1). Pub. L. 105-362 struck out at end ``The
Secretary shall, by the fifteenth day of each month, submit a report to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate setting
forth the Secretary's best estimate of the second preceding month's
expenditure, including administrative costs, as well as the cumulative
totals for the fiscal year. In each monthly report, the Secretary shall
also state whether there is reason to believe 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, Secs. 1760(1)(A), 1761(1),
substituted ``To carry out this chapter, there are authorized to be
appropriated such sums as are necessary for each of the fiscal years
1991 through 1995.'' for former first two sentences which related to
authorizations of appropriation for fiscal years ending September 30,
1978 through September 30, 1990, and inserted ``, subject to paragraph
(3)''.
Pub. L. 101-624, Sec. 1760(1)(B), substituted ``supplemental
appropriations will be needed to support the operation 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, Sec. 1761(2), added par. (3).
Subsec. (b). Pub. L. 101-624, Sec. 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, Sec. 1541(1), inserted
provisions authorizing appropriations for fiscal years ending Sept. 30,
1986, 1987, 1988, 1989, and 1990.
Subsec. (b). Pub. L. 99-198, Sec. 1541(2), substituted ``the
appropriation amount authorized in subsection (a)(1) of this section,''
for ``the limitation set herein,''.
Subsec. (e). Pub. L. 99-198, Sec. 1535(c)(2), substituted reference
to subsections (b) and (c) of section 2022 of this title for reference
to 2022(b) of this title.
Subsec. (f). Pub. L. 99-198, Sec. 1542(a), added subsec. (f).
1982--Subsec. (a)(1). Pub. L. 97-253, Sec. 183, inserted provisions
for appropriations for the fiscal years ending on September 30, 1983-
1985, inclusive.
Subsec. (e). Pub. L. 97-253, Sec. 180(b)(2), struck out reference to
section 2025(g) of this title in first sentence.
1981--Subsec. (a)(1). Pub. L. 97-98, Sec. 1331, struck out ``and''
after ``September 30, 1980;'' and inserted ``; and not in excess of
$11,300,000,000 for the fiscal year ending September 30, 1982''.
Pub. L. 97-18 substituted ``$11,480,000,000'' for ``$9,739,276,000''
in appropriation authorization for the fiscal year ending Sept. 30,
1981.
Subsec. (e). Pub. L. 97-98, Sec. 1332, added subsec. (e).
1980--Subsec. (a). Pub. L. 96-249 designated existing provisions as
par. (1) and substituted ``$9,491,000,000'' for ``$6,188,600,000'' and
``$9,739,276,000'' for ``$6,235,900,000'', and added par. (2).
1979--Subsec. (a). Pub. L. 96-58, Sec. 1(1), (2), substituted
``$6,778,900,000'' for ``$6,158,900,000'' in provisions authorizing
appropriations for the fiscal year ending Sept. 30, 1979, struck out
provisions directing that sums appropriated under this chapter would
continue to remain available until expended, and inserted provisions
requiring the Secretary to submit monthly reports to Senate and House
Committees relating to monthly expenditures and stating whether or not
there is reason to believe that reductions in the value of allotments
issued to households certified to participate in the food stamp program
will be necessary under subsec. (b) of this section.
Subsec. (b). Pub. L. 96-58, Sec. 1(3), substituted ``Notwithstanding
any other provision of this chapter, if'' for ``If'' at beginning of
second sentence.
Subsecs. (c), (d). Pub. L. 96-58, Sec. 1(4), added subsecs. (c) and
(d).
Effective Date of 2002 Amendment
Amendment by section 4118(c) of Pub. L. 107-171 not applicable with
respect to any sanction, appeal, new investment agreement, or other
action by the Secretary of Agriculture or a State agency that is based
on a payment error rate calculated for any fiscal year before fiscal
year 2003, see section 4118(e) of Pub. L. 107-171, set out as a note
under section 2022 of this title.
Amendment by section 4122(c) of Pub. L. 107-171 effective Oct. 1,
2002, except as otherwise provided, see section 4405 of Pub. L. 107-171,
set out as an Effective Date note under section 1161 of Title 2, The
Congress.
Effective Date of 1990 Amendment
Amendment by sections 1760(1)(A) and 1761 of Pub. L. 101-624
effective Oct. 1, 1990, and amendment by section 1760(1)(B), (2) 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 of 1985 Amendment
Section 1542(b) of Pub. L. 99-198 provided that: ``The amendment
made by this section [amending this section] shall become effective on
October 1, 1986.''
Effective Date of 1982 Amendment
Amendment by section 180(b)(2) of Pub. L. 97-253 effective Oct. 1,
1982, see section 193(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by section 183 of Pub. L. 97-253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97-253, set out as a note under section
2012 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 1338 of Pub. L.
97-98, set out as a note under section 2012 of this title, see section
192(b) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary of
Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a note
under section 2012 of this title.
Effective Date
Section 1301 of Pub L. 95-113 provided that this section is
effective Oct. 1, 1977.
Availability of Amounts if Sequestration Order Issued for Fiscal Year
1989
Amounts available to carry out food stamp program under this section
to be reduced if sequestration order is issued under section 902(b) of
Title 2, The Congress, see section 702(c)(1) of Pub. L. 100-435, set out
as an Effective Date of 1988 Amendment note under section 2012 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 2013, 2020, 2025, 2030 of
this title.
