7 U.S.C. § 2036b

Current through P.L. 118-62 (published on www.congress.gov on 05/13/2024)
Section 2036b - Retail food store and recipient trafficking
(a) Purpose

The purpose of this section is to provide the Department of Agriculture with additional resources to prevent trafficking in violation of this chapter by strengthening recipient and retail food store program integrity.

(b) Use of funds
(1) In general

Additional funds are provided under this section to supplement the retail food store and recipient integrity activities of the Department.

(2) Information technologies

The Secretary shall use an appropriate amount of the funds provided under this section to employ information technologies known as data mining and data warehousing and other available information technologies to administer the supplemental nutrition assistance program and enforce regulations promulgated under section 2013(c) of this title.

(c) Funding
(1) Authorization of appropriations

There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2023.

(2) Mandatory funding
(A) In general

Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $15,000,000 for fiscal year 2014, to remain available until expended.

(B) Receipt and acceptance

The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation.

(C) Maintenance of funding

The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding for programs carried out under this chapter.

7 U.S.C. § 2036b

Pub. L. 88-525, §29, as added Pub. L. 113-79, title IV, §40294029,, 128 Stat. 813; amended Pub. L. 115-334, title IV, §40204020,, 132 Stat. 4652.

EDITORIAL NOTES

AMENDMENTS2018-Subsec. (c)(1). Pub. L. 115-334 substituted "2023" for "2018".

Retail food store
"Retail food store" means-(1) an establishment, house-to-house trade route, or online entity that sells food for home preparation and consumption and-(A) offers for sale, on a continuous basis, a variety of at least 7 foods in each of the 4 categories of staple foods specified in subsection (q)(1), including perishable foods in at least 3 of the categories; or(B) has over 50 percent of the total sales of the establishment or route in staple foods,as determined by visual inspection, sales records, purchase records, counting of stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry;(2) an establishment, organization, program, or group living arrangement referred to in paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k);(3) a store purveying the hunting and fishing equipment described in subsection (k)(6);(4) any private nonprofit cooperative food purchasing venture, including those in which the members pay for food purchased prior to the receipt of such food, or agricultural producers who market agricultural products directly to consumers; and(5) a governmental or private nonprofit food purchasing and delivery service that-(A) purchases food for, and delivers the food to, individuals who are-(i) unable to shop for food; and(ii)(I) not less than 60 years of age; or(II) physically or mentally handicapped or otherwise disabled;(B) clearly notifies the participating household at the time the household places a food order-(i) of any delivery fee associated with the food purchase and delivery provided to the household by the service; and(ii) that a delivery fee cannot be paid with benefits provided under supplemental nutrition assistance program; and(C) sells food purchased for the household at the price paid by the service for the food and without any additional cost markup.
Secretary
"Secretary" means the Secretary of Agriculture.
Supplemental nutrition assistance program
"Supplemental nutrition assistance program" means the program operated pursuant to this chapter.