PRINTER'S NO. 1552
No. 1303 Session of 1985
INTRODUCED BY RICHARDSON, COHEN AND CARN, JUNE 3, 1985
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 3, 1985
AN ACT
1 Authorizing the Department of Public Welfare to administer a
2 clothing stamp program; providing for the issuance and use of
3 clothing coupons, for participating retail and wholesale
4 clothing concerns, for the redemption of coupons, for
5 administrative and judicial review and for penalties; and
6 making an appropriation.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Declaration of policy.
10 Section 3. Definitions.
11 Section 4. Establishment of Clothing Stamp Program.
12 Section 5. Eligible households.
13 Section 6. Issuance and use of coupons.
14 Section 7. Value of the coupon allotment and charges to be
15 made.
16 Section 8. Approval of retail clothing stores and wholesale
17 clothing concerns.
18 Section 9. Redemption of coupons.
19 Section 10. Administration.
1 Section 11. Disqualification of retail clothing stores and
2 wholesale clothing concerns.
3 Section 12. Determination and disposition of claims.
4 Section 13. Administrative and judicial review.
5 Section 14. Violations and enforcement.
6 Section 15. Appropriation.
7 Section 16. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Clothing
12 Stamp Act.
13 Section 2. Declaration of policy.
14 It is hereby declared to be the policy of the General
15 Assembly, in order to promote the general welfare, that the
16 State's abundance of clothing should be utilized cooperatively
17 by the State and local governmental units and other agencies to
18 safeguard the health and well-being of the Commonwealth's
19 population and to raise the level of clothing purchasing power
20 among low-income households. The General Assembly hereby finds
21 that the limited clothing purchasing power of low-income
22 households contributes to low self-esteem which has been
23 directly correlated with the level of performance in school,
24 occupational and related activities of the low-income
25 individual. The General Assembly further finds that increased
26 utilization of clothing will promote the distribution in a
27 beneficial manner of our clothing abundances and will strengthen
28 the sagging apparel and textile industries. In order to promote
29 adequate distribution of the basic essentials necessary to the
30 well-being of citizens of this Commonwealth, a Clothing Stamp
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1 Program is herein authorized which will permit low-income
2 households to purchase a respectable and balanced wardrobe
3 through normal channels of trade.
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Authorization to purchase card." A document issued by the
9 department to an eligible household which shows the face value
10 of the coupon allotment that the household is entitled to be
11 issued to on presentment of the document and the amount to be
12 paid by the household for the allotment.
13 "Bank." Any member or nonmember bank of the Federal Reserve
14 System.
15 "Clothing." Any apparel or footwear which is produced by any
16 person who is a citizen of the United States or is an alien
17 lawfully admitted for permanent residence or otherwise
18 permanently residing in the United States under color of law or
19 is organized under the laws of the United States or any state.
20 The term shall include any tool, fabric, machine or equipment
21 used to make apparel or footwear for the personal use of the
22 eligible household. The term shall not include cosmetics,
23 jewelry or timepieces.
24 "Clothing Stamp Program." The program promulgated pursuant
25 to this act.
26 "Coupon." A coupon, stamp or type of certificate issued
27 pursuant to this act.
28 "Coupon allotment." The total value of coupons to be issued
29 to a household during each month or other time period.
30 "Coupon vendor." Any person, partnership, corporation,
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1 organization, political subdivision or other entity with which a
2 State agency has contracted for, or to which it has delegated
3 administrative responsibility in connection with, the issuance
4 of coupons to households.
5 "Department." The Department of Public Welfare of the
6 Commonwealth.
7 "Elderly person." A person 60 years of age or over.
8 "Household." A single individual who is living alone and who
9 is above the age of 18, or a group of individuals (including
10 legally adopted children and legally assigned foster children)
11 who are living as one economic unit, for whom clothing is
12 purchased for personal use.
13 "Retail clothing store." An establishment, including a
14 recognized department thereof or a house-to-house trade route
15 which sells clothing to households.
16 "Secretary." The Secretary of Public Welfare of the
17 Commonwealth.
18 "Wholesale clothing concern." An establishment which sells
19 clothing to retail clothing stores for resale to households.
20 Section 4. Establishment of Clothing Stamp Program.
21 (a) Authority.--The department is authorized to formulate
22 and administer a Clothing Stamp Program under which eligible
23 households within the Commonwealth shall be provided with an
24 opportunity to obtain an adequate supply of clothing through the
25 issuance to households of a coupon allotment or flat grant which
26 shall have a greater monetary value than the charge to be paid
27 for the allotment by households. The coupons so received by such
28 households shall be used only to purchase clothing from retail
29 clothing stores which have been approved for participation in
30 the Clothing Stamp Program. Coupons issued and used as provided
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1 in this act shall be redeemable at face value by the department
2 through the facilities of the Treasury Department.
3 (b) Rules and regulations.--The department shall, in the
4 manner provided by law, promulgate the necessary rules and
5 regulations for the effective and efficient administration of
6 the Clothing Stamp Program. References to this act contained
7 herein shall be construed to include the rules and regulations
8 promulgated hereunder.
9 Section 5. Eligible households.
10 (a) Financial resources.--Participation in the Clothing
11 Stamp Program shall be limited to those households whose income
12 and other financial resources are determined to be substantial
13 limiting factors in permitting them to purchase an adequate
14 supply of clothing.
15 (b) Eligibility standards.--The department shall establish
16 uniform standards of eligibility for participation by households
17 in the Clothing Stamp Program. These standards shall, at a
18 minimum, prescribe the amounts of household income and other
19 financial resources, including both liquid and nonliquid assets,
20 to be used as criteria of eligibility. The standards shall take
21 into account payments in kind received from an employer by
22 members of a household, if these payments are in lieu of or
23 supplemental to household income. Payments in kind shall be
24 limited only to housing provided by an employer to an employee
25 and shall be the actual value of that housing, but in no event
26 shall the value be considered to be in excess of the sum of $25
27 per month.
28 (c) Effect of failure to register for or to accept
29 employment.--Notwithstanding any other provision of law, the
30 department shall include in the uniform standards of eligibility
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1 to be prescribed under subsection (b) a provision that a
2 household shall not be eligible for assistance under this act if
3 it includes an able-bodied adult between the ages of 18 and 65
4 (except mothers or other members of the household who have the
5 responsibility of care of dependent children or of incapacitated
6 adults, bona fide students in any accredited school or training
7 program, or persons employed and working at least 30 hours per
8 week) who either:
9 (1) fails to register for employment at a State
10 employment office or at such other appropriate State or
11 Federal office designated by the department; or
12 (2) has refused to accept employment or public work at
13 not less than:
14 (i) the applicable State minimum wage;
15 (ii) the applicable Federal minimum wage;
16 (iii) the applicable wage established by a State or
17 Federal law or regulation; or
18 (iv) one dollar thirty cents per hour if there is no
19 applicable wage as described in subparagraph (i), (ii) or
20 (iii). Refusal to work at a plant or site subject to a
21 strike or a lockout for the duration of the strike or
22 lockout shall not be deemed to be a refusal to accept
23 employment.
24 Section 6. Issuance and use of coupons.
25 (a) Denomination and issuance.--Coupons shall be printed in
26 those denominations as may be determined to be necessary and
27 shall be issued only to households which have been duly
28 certified as eligible to participate in the Clothing Stamp
29 Program.
30 (b) Coupon inventories.--
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1 (1) The department shall by regulation develop an
2 appropriate procedure for determining and monitoring the
3 level of coupon inventories in the hands of coupon vendors
4 for the purpose of insuring that inventories are at proper
5 levels (taking into consideration the historical and
6 projected volume of coupon distribution by vendors). These
7 regulations shall contain procedures to insure that coupon
8 inventories in the hands of coupon vendors are not in excess
9 of the reasonable needs of vendors taking into consideration
10 the ease and feasibility of resupplying coupon inventories.
11 The department may require periodic reports from coupon
12 vendors respecting the level of inventories.
13 (2) Any coupon vendor, or any officer, employee or agent
14 thereof, convicted of failing to provide a report required
15 under paragraph (1) shall be fined not more than $3,000, or
16 imprisoned not more than one year, or both.
17 (3) Any coupon vendor, or any officer, employee or agent
18 thereof, who knowingly provides false information in any
19 report required under paragraph (1) shall be fined not more
20 than $10,000, or imprisoned not more than ten years, or both.
21 (c) Delivery and protection of coupons.--
22 (1) The department shall by regulation prescribe
23 appropriate procedures for the delivery of coupons to coupon
24 vendors and for the custody, care, control and storage of
25 coupons in the hands of coupon vendors in order to secure
26 coupons against theft, embezzlement, misuse, loss or
27 destruction.
28 (2) Any coupon vendor, or any officer, employee or agent
29 thereof, convicted of violating any regulation issued under
30 paragraph (1) shall be fined not more than $3,000, or
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1 imprisoned not more than one year, or both.
2 (d) Use.--Coupons issued to eligible households shall be
3 used by them only to purchase clothing in retail clothing stores
4 which have been approved for participation in the Clothing Stamp
5 Program at prices prevailing in these stores. Nothing in this
6 act shall be construed as authorizing the department to specify
7 the prices at which clothing may be sold by wholesale clothing
8 concerns or retail clothing stores.
9 (e) Content of coupons.--Coupons shall be simple in design
10 and shall include only those words or illustrations which are
11 required to explain their purpose and define their denomination.
12 The name of any public official shall not appear on coupons.
13 Section 7. Value of the coupon allotment and charges to be
14 made.
15 (a) Face value.--The face value of the coupon allotment
16 shall be in that amount as the department determines to be the
17 cost of an adequate supply of clothing, adjusted semiannually by
18 the nearest dollar increment that is a multiple of two to
19 reflect changes in the prices of clothing published by the
20 Bureau of Labor Statistics in the United States Department of
21 Labor to be implemented commencing with the allotments of July
22 1, 1986, incorporating the changes in the prices of clothing
23 through August 31, 1985, but in no event shall these adjustments
24 be made for households of a given size unless the increase in
25 the face value of the coupon allotment for such households, as
26 calculated above, is a minimum of $2.
27 (b) Charges.--Notwithstanding any other provision of law,
28 households shall be charged for the coupon allotment issued to
29 them, and the amount of this charge shall be reasonable, but in
30 no event more than 30% of the household's income. Coupon
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1 allotments may be issued without charge to households with
2 income of less than $30 per month for a family of four under
3 standards of eligibility prescribed by the department. The
4 department shall provide a reasonable opportunity for any
5 eligible household to elect to be issued a coupon allotment
6 having a face value which is less than the face value of the
7 coupon allotment authorized to be issued to them under
8 subsection (a). The charge to be paid by eligible households
9 electing to exercise the option set forth in this subsection
10 shall be an amount which bears the same ratio to the amount
11 which would have been charged under this subsection as the face
12 value of the coupon allotment actually issued to them bears to
13 the face value of the coupon allotment that would have been
14 issued to them under subsection (a).
15 (c) Coupon value not income.--The value of the coupon
16 allotment provided to any eligible household which is in excess
17 of the amount charged that household for an allotment shall not
18 be considered to be income or resources for any purpose under
19 any Federal or State laws, including laws relating to taxation,
20 welfare and public assistance programs.
21 (d) Disposition of funds.--
22 (1) Funds derived from the charges made for the coupon
23 allotment shall be promptly deposited in a manner prescribed
24 in the regulations issued pursuant to this act, in a separate
25 account maintained in the Treasury Department for that
26 purpose. Deposits shall be available, without limitation to
27 fiscal years, for the redemption of coupons.
28 (2) (i) The department shall by regulation prescribe
29 the manner in which funds derived from the distribution
30 of coupons shall be deposited by coupon vendors. The
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1 regulations shall require coupon vendors to promptly
2 deposit these funds in the manner prescribed by the
3 department. The regulations shall also require that these
4 deposits be made weekly and that upon the accumulation of
5 a balance on hand of $1,000 or more, the deposits be made
6 within two banking days following the accumulation of
7 that amount.
8 (ii) Any coupon vendor, or any officer, employee or
9 agent thereof, convicted of violating the regulations
10 issued under subparagraph (i) shall be fined not more
11 than $3,000, or imprisoned not more than one year, or
12 both.
13 (3) (i) Coupon vendors receiving funds derived from the
14 distribution of coupons shall be deemed to be receiving
15 these funds as fiduciaries of the Commonwealth and coupon
16 vendors shall immediately set aside all of these funds as
17 funds of the Commonwealth. Funds derived from the
18 distribution of coupons shall not be used, prior to their
19 deposit, for the benefit of any person, partnership,
20 corporation, association, organization or entity other
21 than the Commonwealth.
22 (ii) Any coupon vendor, or any officer, employee or
23 agent thereof, convicted of violating subparagraph (i)
24 shall be fined not more than $10,000, or a sum equal to
25 the amount of funds involved in the violation, whichever
26 is the greater, or imprisoned not more than ten years, or
27 both; except that if the amount of these funds are less
28 than $1,000, the vendor shall be fined not more than
29 $3,000, or imprisoned not more than one year, or both.
30 (4) (i) Upon the deposit of funds derived from the
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1 distribution of coupons, coupon vendors shall immediately
2 send a written notice to the department, accompanied by
3 an appropriate voucher, confirming the deposit. In
4 addition to such other information deemed by the
5 department to be appropriate, the regulations shall
6 require that the notice contain:
7 (A) the name and address of the coupon vendor;
8 (B) the total receipts of the coupon vendor
9 derived from the distribution of coupons during the
10 deposit period;
11 (C) the amount of the deposit;
12 (D) the name and address of the depository; and
13 (E) an oath or affirmation signed by the coupon
14 vendor, or in the case of a corporation or other
15 entity not a natural person, by an appropriate
16 official of the coupon vendor, certifying that the
17 information contained in the notice is true and
18 correct.
19 (ii) Any coupon vendor, or any officer, employee or
20 agent thereof, convicted of failing to provide the notice
21 required under subparagraph (i) shall be fined not more
22 than $3,000, or imprisoned not more than one year, or
23 both.
24 (iii) Any coupon vendor, or any officer, employee or
25 agent thereof, who knowingly provides false information
26 in any notice required under subparagraph (i) shall be
27 fined not more than $10,000, or imprisoned not more than
28 ten years, or both.
29 (5) (i) Each coupon vendor shall at intervals
30 prescribed by the department, but not less often than
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1 monthly, provide the department with a written report of
2 the vendor's operations during that period. In addition
3 to such other information deemed by the department to be
4 appropriate, the report shall contain:
5 (A) the name and address of the coupon vendor;
6 (B) the total receipts of the coupon vendor
7 derived from the distribution of coupon during the
8 report period;
9 (C) the total amount of deposits made by the
10 vendor of funds derived from the distribution of
11 coupons during the period;
12 (D) the name and address of each depository
13 receiving funds from the vendor; and
14 (E) an oath or affirmation signed by the coupon
15 vendor, or in the case of a corporation or other
16 entity not a natural person, by an appropriate
17 official of the coupon vendor, certifying that the
18 information contained in the report is true and
19 correct.
20 (ii) Any coupon vendor, or any officer, employee or
21 agent thereof, convicted of failing to provide any notice
22 required under subparagraph (i) shall be fined not more
23 than $3,000, or imprisoned not more than one year, or
24 both.
25 (iii) Any coupon vendor, or any officer, employee or
26 agent thereof, who knowingly provides false information
27 in any notice required under subparagraph (i) shall be
28 fined not more than $10,000, or imprisoned not more than
29 ten years, or both.
30 (iv) The department shall make periodic reports
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1 containing a consolidation of the respective coupon
2 vendor's notices at such intervals as the department in
3 its discretion deems appropriate.
4 Section 8. Approval of retail clothing stores and wholesale
5 clothing concerns.
6 (a) Qualifications of applicants.--Regulations issued
7 pursuant to this act shall provide for the submission of
8 applications for approval by retail clothing stores and
9 wholesale clothing concerns which desire to be authorized to
10 accept and redeem coupons under the Clothing Stamp Program and
11 for the approval of those applicants whose participation will
12 effectuate the purposes of the Clothing Stamp Program. In
13 determining the qualifications of applicants there shall be
14 considered, among other factors as may be appropriate, the
15 following:
16 (1) The nature and extent of the retail or wholesale
17 clothing business conducted by the applicant.
18 (2) The volume of coupon business which may reasonably
19 be expected to be conducted by the applicant retail clothing
20 store or wholesale clothing concern.
21 (3) The business integrity and reputation of the
22 applicant.
23 (4) Such other information as will permit a
24 determination to be made as to whether the applicant
25 qualifies for approval under this act.
26 (b) Certificate.--Approved applicants shall be issued a
27 nontransferable certificate of approval.
28 (c) Use of information.--The use or disclosure of
29 information obtained under this section shall be limited to
30 purposes directly connected with administration and enforcement
19850H1303B1552 - 13 -
1 of this act.
2 (d) Hearing.-- Any retail clothing store or wholesale
3 clothing concern which has failed upon application to receive
4 approval to participate in the Clothing Stamp Program may obtain
5 a hearing as provided in section 13.
6 Section 9. Redemption of coupons.
7 Regulations issued pursuant to this act shall provide for the
8 redemption of coupons accepted by retail clothing stores through
9 approved wholesale clothing concerns or through banks with the
10 cooperation of the Treasury Department.
11 Section 10. Administration.
12 (a) Use of clothing.--All practicable efforts shall be made
13 in the administration of the Clothing Stamp Program to assure
14 that participants use their increased clothing purchasing power
15 to obtain the clothing most necessary for an adequate supply of
16 clothing and particularly to encourage the continued use of
17 clothing which is in abundant or surplus supply. In addition to
18 those steps as may be taken administratively, the voluntary
19 cooperation of existing Federal, State and local and private
20 agencies which carry out informational and educational programs
21 for consumers shall be encouraged.
22 (b) Records.--The department shall assume responsibility for
23 the certification of applicant households and for the issuance
24 of coupons. There shall be kept those records as may be
25 necessary to ascertain whether the program is being conducted in
26 compliance with this act. These records shall be available for
27 inspection and audit at any reasonable time and shall be
28 preserved for that period of time, not in excess of three years,
29 as may be specified in the regulations.
30 (c) Change of household location.--Certification of a
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1 household as eligible in any political subdivision shall, in the
2 event of removal of the household to another political
3 subdivision in which the Clothing Stamp Program is operating,
4 remain valid for participation in the Clothing Stamp Program for
5 a period of 60 days from the date of such removal. In the
6 certification of applicant households for the Clothing Stamp
7 Program, there shall be no discrimination against any household
8 by reason of race, religious creed, national origin or political
9 affiliations.
10 (d) Decreasing amount of other aid prohibited.--
11 Participating political subdivisions thereof shall not decrease
12 welfare grants or other similar aid extended to any person or
13 persons as a consequence of participation in benefits made
14 available under this act.
15 (e) Implementation of plan.--The plan of operation shall
16 include, but not be limited to, the following:
17 (1) The specific standards to be used in determining the
18 eligibility of applicant households.
19 (2) Safeguards which restrict the use or disclosure of
20 information obtained from applicant households to persons
21 directly connected with the administration or enforcement of
22 this act.
23 (3) The submission of reports and other information as
24 from time to time may be required.
25 (4) A publicity program, including the use of services
26 provided by other federally funded agencies and
27 organizations, to inform low-income households concerning the
28 availability and benefits of the Clothing Stamp Program and
29 to assure the participation of eligible households;
30 (5) The issuance of coupon allotments no less often than
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1 twice a month.
2 (6) The granting of a fair hearing and a prompt
3 determination thereafter to any household aggrieved by the
4 action of the department under any provision of its plan of
5 operation as it effects the participation of that household
6 in the Clothing Stamp Program.
7 In approving the participation of the political subdivisions
8 requested in its plan of operation, the department shall provide
9 for an equitable and orderly expansion in accordance with their
10 relative need and readiness to meet their requested effective
11 dates of participation. The department shall make the State plan
12 operable by July 1, 1986.
13 Section 11. Disqualification of retail clothing stores and
14 wholesale clothing concerns.
15 Any approved retail clothing store or wholesale clothing
16 concern may be disqualified from further participation in the
17 Clothing Stamp Program on a finding, made as specified in the
18 regulations, that the store or concern has violated any of the
19 provisions of this act. This disqualification shall be for the
20 period of time as may be determined in accordance with the
21 regulations. The action of disqualification shall be subject to
22 review as provided in section 13.
23 Section 12. Determination and disposition of claims.
24 The department shall have the power to determine the amount
25 of and settle and adjust any claim and to compromise or deny all
26 or part of any claim or claims arising under this act.
27 Section 13. Administrative and judicial review.
28 Whenever:
29 (1) an application of a retail clothing store or
30 wholesale clothing concern to participate in the Clothing
19850H1303B1552 - 16 -
1 Stamp Program is denied;
2 (2) a retail clothing store or a wholesale clothing
3 concern is disqualified under the provisions of section 11;
4 or
5 (3) all or part of any claim of a retail clothing store
6 or wholesale clothing concern is denied under the provisions
7 of section 12;
8 notice of this administrative action shall be issued to the
9 retail clothing store or wholesale clothing concern involved.
10 The notice shall be delivered by certified mail or personal
11 service. If a store or concern is aggrieved by this action, it
12 may, in accordance with Title 2 of the Pennsylvania Consolidated
13 Statutes (relating to administrative law and procedure), appeal
14 the decision to the department and request a hearing on the
15 matter. A formal decision on the matter issued by the department
16 may be appealed as provided in Title 2 of the Pennsylvania
17 Consolidated Statutes.
18 Section 14. Violations and enforcement.
19 (a) Enforcement.--Notwithstanding any other provisions of
20 this act, the department may provide for the purchase, issuance
21 or presentment for redemption of coupons to any person or
22 persons and at the times and in the manner as it deems necessary
23 or appropriate to protect the interests of the Commonwealth or
24 to insure enforcement of this act and the regulations issued
25 pursuant to this act.
26 (b) Unlawful use, transfer, etc.--Whoever knowingly uses,
27 transfers, acquires, alters or possesses coupons or
28 authorization to purchase cards in any manner not authorized by
29 this act or the regulations issued hereunder shall, if the
30 coupons or authorization to purchase cards are of the value of
19850H1303B1552 - 17 -
1 $100 or more, be guilty of a felony and shall, upon conviction
2 thereof, be fined not more than $10,000 or imprisoned for not
3 more than five years, or both, or, if the coupons or
4 authorization to purchase cards are of a value of less than
5 $100, shall be guilty of a misdemeanor and shall, upon
6 conviction thereof, be fined not more than $5,000 or imprisoned
7 for not more than one year, or both.
8 (c) Unlawful redemption, etc.--Whoever presents, or causes
9 to be presented, coupons for payment or redemption of the value
10 of $100 or more, knowing the same to have been received,
11 transferred or used in any manner in violation of the provisions
12 of this act or the regulations issued pursuant to this act shall
13 be guilty of a felony and shall, upon conviction thereof, be
14 fined not more than $10,000 or imprisoned for not more than five
15 years, or both, or, if the coupons are of a value of less than
16 $100, shall be guilty of a misdemeanor and shall, upon
17 conviction thereof, be fined not more than $5,000 or imprisoned
18 for not more than one year, or both.
19 (d) Status of coupons.--Coupons issued pursuant to this act
20 shall be deemed to be obligations of the Commonwealth.
21 Section 15. Appropriation.
22 (a) Amount.--The sum of $10,000,000 is hereby appropriated
23 to carry out the provisions of this act for the fiscal year
24 1985-1986.
25 (b) Procedure.--Sums appropriated under this act shall,
26 notwithstanding the provisions of any other law, continue to
27 remain available until expended. Any portion of any
28 appropriation as may be required to pay for the value of the
29 coupon allotments issued to an eligible household which is in
30 excess of the charges paid by that household for the allotments
19850H1303B1552 - 18 -
1 shall be transferred to and made a part of the separate account
2 created under section 7(d). This act shall be carried out only
3 with funds appropriated from the General Fund of the State
4 Treasury for that specific purpose, and in no event shall it be
5 carried out with funds derived from permanent appropriations. On
6 or before January 20 of each year, the department shall submit
7 to the General Assembly a report setting forth operations under
8 this act during the preceding calendar year and projecting needs
9 for the ensuing calendar year.
10 (c) Value limit.--In any fiscal year, the department shall
11 limit the value of those coupons issued which is in excess of
12 the value of coupons for which households are charged, to an
13 amount which is not in excess of the portion of the
14 appropriation for such fiscal year which is transferred to the
15 separate account under the provisions of subsection (b). If in
16 any fiscal year the department finds that the requirements of
17 the program will exceed the limitation set forth herein, the
18 department shall reduce the amount of such coupons to be issued
19 to participating households to the extent necessary to comply
20 with the provisions of this subsection.
21 (d) Surplus funds.--If the department determines that any of
22 the funds in the separate account created under section 7(d) are
23 no longer required to carry out this act, such portion of such
24 funds shall be paid into the miscellaneous receipts of the
25 Treasury Department.
26 Section 16. Effective date.
27 This act shall take effect immediately.
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