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reasonably anticipated to be received by the household in the cert fication period for which eligibility is being determined and the in come which has been received by the household during the thirty day preceding the filing of its application for food stamps so that th State agency may reasonably ascertain the income that is and will b actually available to the household for the certification period, excep that for (1) those households which by contract for other than a hourly or piecework basis, or self-employment, derive their annua income in a period of time shorter than one year, income shall be cal culated by being averaged over a twelve-month period and (2) thos households which receive nonexcluded income of the type specified in subsection (d) (3) of this section, income shall be calculated by being averaged over the period for which it is provided.

(g) The Secretary shall prescribe the types and allowable amount: of financial resources (liquid and nonliquid assets) an eligible house hold may own, and shall, in so doing, assure that a household other wise eligible to participate in the food stamp program will not b eligible to participate if its resources exceed $1,750, or, in the case o a household consisting of two or more persons, one of whom is age 60 or over, if its resources exceed $3,000. The Secretary shall, in pre scribing inclusions in, and exclusions from, financial resources, follow the regulations in force as of June 1, 1977, and shall, in addition, (1) include in financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce earned income) used for household transportation or used to obtain or continue employment or to transport disabled household members to the extent that the fair market value of any such vehicle exceeds $4,500, and (2) study and develop means of improving the effectiveness of these resource requirements in limiting participation to households in need of food assistance, and implement and report the results of such study and the Secretary's plans to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate no later than June 1, 1978.

(h) (1) The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302 (a) of the Disaster Relief Act of 1974, establish temporary emergency standards of eligibility for the duration of the emergency for households who are victims of a disaster which disrupts commercial channels of food distribution, if such households are in need of temporary food assistance and if commercial channels of food distribution have again become available to meet the temporary food needs of such households. Such standards as are prescribed for individual emergencies may be promulgated without regard to section 4(c) of this Act or the procedures set forth in section 553 of title 5 of the United States Code.

(2) The Secretary shall establish a Food Stamp Disaster Task Force, to assist States in implementing and operating the disaster program, which shall be available to go into a disaster area and provide direct assistance to State and local officials. (7 U.S.C. 2014.)

ELIGIBILITY DISQUALIFICATIONS

SEC. 6. (a) In addition to meeting the standards of eligibility prescribed in section 5 of this Act, households and individuals who are members of eligible households must also meet and comply with the specific requirements of this section to be eligible for participation in the food stamp program.

(b) No individual who is a member of a household otherwise eligible to participate in the food stamp program shall be eligible to participate for (1) three months after such individual has been found by a State agency after notice and hearing at the State level, or after failure to appeal a local hearing to the State level, to have fraudulently used, presented, transferred, acquired, received, possessed, or altered coupons or authorization cards, or (2) a period of not less than six and not more than twenty-four months, as determined by the court, after such individual has been found by a court of appropriate jurisdiction, with a State or a political subdivision thereof or the United States as prosecutor or plaintiff, to have been criminally or civilly fraudulent in the use, presentation, transfer, acquisition, receipt, possession, or alteration of coupons or authorization cards, or (3) both of the periods specified in clauses (1) and (2) of this subsection. Each such period of ineligibility is to take effect immediately upon the relevant administrative or judicial finding and to remain in effect, without possibility of administrative stay, unless and until the finding of fraud is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of disqualification be subject to judicial review.

(c) No household shall be eligible to participate in the food stamp program if it refuses to cooperate in providing information to the State agency that is necessary for making a determination of its eligibility or for completing any subsequent review of its eligibility. Every household that is participating in the food stamp program shall report or cause to be reported to the State agency, on a form designed or approved by the Secretary (that shall contain a description in understandable terms in prominent and boldface lettering of the appropriate civil and criminal provisions dealing with violations of this Act, including the penalties therefor, by members of an eligible household) changes in income or household circumstances which the Secretary deems necessary in order to assure accurate eligibility and benefit determinations. The reporting requirement prescribed by this subsection shall be the sole such requirement for reporting changes in income or in household circumstances for participating households.

(d) (1) Unless otherwise exempted by the provisions of paragraph (d) (2) of this subsection, no household shall be eligible for assistance under this Act if it includes a physically and mentally fit person between the ages of eighteen and sixty who (i) refuses at the time of application and once every six months thereafter to register for employment in a manner determined by the Secretary; (ii) refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary; (iii) is head of the

entitlement otherwise available to such household is attributable to individual who: (i) has reached his eighteenth birthday; (ii) enrolled in an institution of higher education; and (iii) is proper claimed as a dependent child for Federal income tax purposes by taxpayer who is not a member of an eligible household: Provid further, That funds provided herein shall be expended in accordan with section 15 (b) of the Food Stamp Act of 1964, as amended: Pr vided further, That not less than 7 percentum of this authorizati shall be placed in reserve to be apportioned pursuant to section 36 of the Revised Statutes, as amended, for use only in such amounts ar at such times as may become necessary to carry out progra operations.]

[FOOD AND AGRICULTURE ACT OF 1977

IMPLEMENTATION OF THE FOOD STAMP ACT OF 1977

SEC. 1303. (a) The Secretary of Agriculture shall implement the Food Stamp Act of 1977 as expeditiously as possible consistent with the efficient and effective administration of the food stamp program. The provisions of the Food Stamp Act of 1964, as amended, which are relevant to current regulations of the Secretary governing the food stamp program, shall remain in effect until such regulations are revoked, superseded, amended, or modified by regulations issued pursuant to the Food Stamp Act of 1977. Coupons issued pursuant to the Food Stamp Act of 1964, as amended, and in general use as of the effective date of the Food Stamp Act of 1977, shall continue to be usable to purchase food, and all other liabilities of the Secretary, States, and applicant or participating households, under the Food Stamp Act of 1964, as amended, shall continue in force until finally resolved or terminated by administrative or judicial action, or other

wise.

(b) Pending proceedings under the Food Stamp Act of 1964, as amended, shall not be abated by reason of any provision of the Food Stamp Act of 1977, but shall be disposed of pursuant to the applicable provisions of the Food Stamp Act of 1964, as amended, in effect prior to the effective date of the Food Stamp Act of 1977.

(c) Appropriations made available to carry out the Food Stamp Act of 1964, as amended, shall be available to carry out the provisions of the Food Stamp Act of 1977.

(d) The Secretary shall, within six months of enactment of this Act, submit a quarterly report to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture, setting forth the previous quarter's expenditure, by State, for the food stamp program. Such report shall also include the number of individuals participating in the program and the cost of administering the program at each State level and at the national level. (7 U.S.C. 2011 note.)]

FOOD STAMP ACT OF 1977 2

SHORT TITLE

SECTION 1. This Act may be cited as the "Food Stamp Act of 1977." (7 U.S.C. 2011 note.)

DECLARATION OF POLICY

SEC. 2. It is hereby declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and wellbeing of the Nation's population by raising levels of nutrition among

P.L. 95-113, 91 Stat. 979, Sept. 29, 1977.

Sec. 1301, Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 958, Sept. 29, 1977, effective Oct. 1, 1977.

low-income households. Congress hereby finds that the limited foo purchasing power of low-income households contributes to hunge and malnutrition among members of such households. Congress fu ther finds that increased utilization of food in establishing and main taining adequate national levels of nutrition will promote the distr bution in a beneficial manner of the Nation's agricultural abundan and will strengthen the Nation's agricultural economy, as well as re sult in more orderly marketing and distribution of foods. To allev ate such hunger and malnutrition, a food stamp program is herei authorized which will permit low-income households to obtain a mor nutritious diet through normal channels of trade by increasing foo purchasing power for all eligible households who apply for partic pation. (7 U.S.C. 2011.)

DEFINITIONS

SEC. 3. As used in this Act, the term:

(a) "Allotment" means the total value of coupons a household i authorized to receive during each month.

(b) "Authorization card" means the document issued by the Stat agency to an eligible household which shows the allotment the house hold is entitled to be issued.

(c) "Certification period" means the period for which household shall be eligible to receive authorization cards. In the case of a house hold all of whose members are included in a federally aided publi assistance or general assistance grant, the period shall coincide wit the period of such grant. In the case of all other households th period shall be not less than three months: Provided, That suc period may be up to twelve months for any household consisting en tirely of unemployable or elderly or primarily self-employed persons or as short as circumstances require for those households as to which there is a substantial likelihood of frequent changes in income o household status, and for any household on initial certification, as de termined by the Secretary.

(d) "Coupon" means any coupon, stamp, or type of certificate is sued pursuant to the provisions of this Act.

(e) "Coupon issuer" means any office of the State agency or an person, partnership, corporation, organization, political subdivision or other entity with which a State agency has contracted for, or t which it has delegated functional responsibility in connection with the issuance of coupons to households.

(f) “Drug addiction or alcoholic treatment and rehabilitation pro gram" means any such program conducted by a private nonprofi organization or institution which is certified by the State agency o agencies designated by the Governor as responsible for the admin istration of the State's programs for alcoholics and drug addicts pur suant to Public Law 91-616 (Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970) and Public Law 92-255 (Drug Abuse Office and Treatment Act o 1972) as providing treatment that can lead to the rehabilitation o drug addicts or alcoholics.

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