7 U.S.C. § 2015 | Eligibility disqualifications

(a)

Additional specific conditions rendering individuals ineligible

section 2014 of this titleIn addition to meeting the standards of eligibility prescribed in , 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 supplemental nutrition assistance program.

(b)

Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable procedures

(1)

Any person who has been found by any State or Federal court or administrative agency to have intentionally (A) made a false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program benefits shall, immediately upon the rendering of such determination, become ineligible for further participation in the program—

(i)

for a period of 1 year upon the first occasion of any such determination;

(ii)

for a period of 2 years upon—

(I)

the second occasion of any such determination; or

(II)

section 802 of title 21 the first occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in ) for benefits; and

(iii)

permanently upon—

(I)

the third occasion of any such determination;

(II)

section 802 of title 21 the second occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in ) for benefits;

(III)

the first occasion of a finding by a Federal, State, or local court of the trading of firearms, ammunition, or explosives for benefits; or

(IV)

section 2024 of this title section 2024 of this title a conviction of an offense under subsection (b) or (c) of involving an item covered by subsection (b) or (c) of having a value of $500 or more.

During the period of such ineligibility, no household shall receive increased benefits under this chapter as the result of a member of such household having been disqualified under this subsection.

(2)

Each State agency shall proceed against an individual alleged to have engaged in such activity either by way of administrative hearings, after notice and an opportunity for a hearing at the State level, or by referring such matters to appropriate authorities for civil or criminal action in a court of law.

(3)

Such periods of ineligibility as are provided for in paragraph (1) of this subsection shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the ineligibility is based is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of ineligibility be subject to review.

(4)

The Secretary shall prescribe such regulations as the Secretary may deem appropriate to ensure that information concerning any such determination with respect to a specific individual is forwarded to the Office of the Secretary by any appropriate State or Federal entity for the use of the Secretary in administering the provisions of this section. No State shall withhold such information from the Secretary or the Secretary’s designee for any reason whatsoever.

(c)

Refusal to provide necessary information

section 2020(s) of this titleExcept in a case in which a household is receiving transitional benefits during the transitional benefits period under , no household shall be eligible to participate in the supplemental nutrition assistance 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.

(1)

(A)

A State agency may require certain categories of households to file periodic reports of income and household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may not require periodic reporting—

(i)

for periods shorter than 4 months by migrant or seasonal farmworker households;

(ii)

for periods shorter than 4 months by households in which all members are homeless individuals; or

(iii)

for periods shorter than 1 year by households that have no earned income and in which all adult members are elderly or disabled.

(B)

Each household that is not required to file such periodic reports shall be required to report or cause to be reported to the State agency changes in income or household circumstances that the Secretary considers necessary to assure accurate eligibility and benefit determinations.

(C)

A State agency may require periodic reporting on a monthly basis by households residing on a reservation only if—

(i)

the State agency reinstates benefits, without requiring a new application, for any household residing on a reservation that submits a report not later than 1 month after the end of the month in which benefits would otherwise be provided;

(ii)

the State agency does not delay, reduce, suspend, or terminate the allotment of a household that submits a report not later than 1 month after the end of the month in which the report is due;

(iii)

March 25, 1994 on , the State agency requires households residing on a reservation to file periodic reports on a monthly basis; and

(iv)

the certification period for households residing on a reservation that are required to file periodic reports on a monthly basis is 2 years, unless the State demonstrates just cause to the Secretary for a shorter certification period.

(D)

Frequency of reporting.—

(i)

In general .—

Except as provided in subparagraphs (A) and (C), a State agency may require households that report on a periodic basis to submit reports—

(I)

not less often than once each 6 months; but

(II)

not more often than once each month.

(ii)

Reporting by households with excess income .—

section 2014(c)(2) of this titleA household required to report less often than once each 3 months shall, notwithstanding subparagraph (B), report in a manner prescribed by the Secretary if the income of the household for any month exceeds the income standard of eligibility established under .

(2)

section 2020(e)(10) of this title Any household required to file a periodic report under paragraph (1) of this subsection shall, (A) if it is eligible to participate and has filed a timely and complete report, receive its allotment, based on the reported information for a given month, within thirty days of the end of that month unless the Secretary determines that a longer period of time is necessary, (B) have available special procedures that permit the filing of the required information in the event all adult members of the household are mentally or physically handicapped or lacking in reading or writing skills to such a degree as to be unable to fill out the required forms, (C) have a reasonable period of time after the close of the month in which to file their reports on State agency designed forms, (D) be afforded prompt notice of failure to file any report timely or completely, and given a reasonable opportunity to cure that failure (with any applicable time requirements extended accordingly) and to exercise its rights under , and (E) be provided each month (or other applicable period) with an appropriate, simple form for making the required reports of the household together with clear instructions explaining how to complete the form and the rights and responsibilities of the household under any periodic reporting system.

(3)

42 U.S.C. 601 42 U.S.C. 301 Reports required to be filed under paragraph (1) of this subsection shall be considered complete if they contain the information relevant to eligibility and benefit determinations that is specified by the State agency. All report forms, including those related to periodic reports of circumstances, shall contain a description, in understandable terms in prominent and bold face lettering, of the appropriate civil and criminal provisions dealing with violations of this chapter including the prescribed penalties. Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV–A of the Social Security Act [ et seq.] and that are required to file comparable reports under that Act [ et seq.] shall be provided the opportunity to file reports at the same time for purposes of this chapter and the Social Security Act.

(4)

Except as provided in paragraph (1)(C), any household that fails to submit periodic reports required by paragraph (1) shall not receive an allotment for the payment period to which the unsubmitted report applies until such report is submitted.

(5)

42 U.S.C. 601 The Secretary is authorized, upon the request of a State agency, to waive any provisions of this subsection (except the provisions of the first sentence of paragraph (1) which relate to households which are not required to file periodic reports) to the extent necessary to permit the State agency to establish periodic reporting requirements for purposes of this chapter which are similar to the periodic reporting requirements established under the State program funded under part A of title IV of the Social Security Act ( et seq.) in that State.

(d)

Conditions of participation

(1)

Work requirements .—

(A)

In general .—

No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the supplemental nutrition assistance program if the individual—

(i)

refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary;

(ii)

refuses without good cause to participate in an employment and training program established under paragraph (4), to the extent required by the State agency;

(iii)

refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of—

(I)

the applicable Federal or State minimum wage; or

(II)

29 U.S.C. 206(a)(1) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 () been applicable to the offer of employment;

(iv)

refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual;

(v)

voluntarily and without good cause—

(I)

quits a job; or

(II)

reduces work effort and, after the reduction, the individual is working less than 30 hours per week; or

(vi)

section 2029 of this title fails to comply with .

(B)

Household ineligibility .—

If an individual who is the head of a household becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the household shall, at the option of the State agency, become ineligible to participate in the supplemental nutrition assistance program for a period, determined by the State agency, that does not exceed the lesser of—

(i)

the duration of the ineligibility of the individual determined under subparagraph (C); or

(ii)

180 days.

(C)

Duration of ineligibility.—

(i)

First violation .—

The first time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of—

(I)

the date the individual becomes eligible under subparagraph (A);

(II)

the date that is 1 month after the date the individual became ineligible; or

(III)

a date determined by the State agency that is not later than 3 months after the date the individual became ineligible.

(ii)

Second violation .—

The second time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of—

(I)

the date the individual becomes eligible under subparagraph (A);

(II)

the date that is 3 months after the date the individual became ineligible; or

(III)

a date determined by the State agency that is not later than 6 months after the date the individual became ineligible.

(iii)

Third or subsequent violation .—

The third or subsequent time that an individual becomes ineligible to participate in the supplemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of—

(I)

the date the individual becomes eligible under subparagraph (A);

(II)

the date that is 6 months after the date the individual became ineligible;

(III)

a date determined by the State agency; or

(IV)

at the option of the State agency, permanently.

(D)

Administration.—

(i)

Good cause .—

The Secretary shall determine the meaning of good cause for the purpose of this paragraph.

(ii)

Voluntary quit .—

The Secretary shall determine the meaning of voluntarily quitting and reducing work effort for the purpose of this paragraph.

(iii)

Determination by state agency.—

(I)

In general .—

Subject to subclause (II) and clauses (i) and (ii), a State agency shall determine—

(aa)

the meaning of any term used in subparagraph (A);

(bb)

the procedures for determining whether an individual is in compliance with a requirement under subparagraph (A); and

(cc)

whether an individual is in compliance with a requirement under subparagraph (A).

(II)

Not less restrictive .—

42 U.S.C. 601A State agency may not use a meaning, procedure, or determination under subclause (I) that is less restrictive on individuals receiving benefits under this chapter than a comparable meaning, procedure, or determination under a State program funded under part A of title IV of the Social Security Act ( et seq.).

(iv)

Strike against the government .—

For the purpose of subparagraph (A)(v), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause.

(v)

Selecting a head of household.—

(I)

In general .—

For purposes of this paragraph, the State agency shall allow the household to select any adult parent of a child in the household as the head of the household if all adult household members making application under the supplemental nutrition assistance program agree to the selection.

(II)

Time for making designation .—

A household may designate the head of the household under subclause (I) each time the household is certified for participation in the supplemental nutrition assistance program, but may not change the designation during a certification period unless there is a change in the composition of the household.

(vi)

Change in head of household .—

If the head of a household leaves the household during a period in which the household is ineligible to participate in the supplemental nutrition assistance program under subparagraph (B)—

(I)

the household shall, if otherwise eligible, become eligible to participate in the supplemental nutrition assistance program; and

(II)

if the head of the household becomes the head of another household, the household that becomes headed by the individual shall become ineligible to participate in the supplemental nutrition assistance program for the remaining period of ineligibility.

(2)

42 U.S.C. 602 29 U.S.C. 206(a)(1)August 1, 1996 A person who otherwise would be required to comply with the requirements of paragraph (1) of this subsection shall be exempt from such requirements if he or she is (A) currently subject to and complying with a work registration requirement under title IV of the Social Security Act, as amended (), or the Federal-State unemployment compensation system, in which case, failure by such person to comply with any work requirement to which such person is subject shall be the same as failure to comply with that requirement of paragraph (1); (B) a parent or other member of a household with responsibility for the care of a dependent child under age six or of an incapacitated person; (C) a bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education (except that any such person enrolled in an institution of higher education shall be ineligible to participate in the supplemental nutrition assistance program unless he or she meets the requirements of subsection (e) of this section); (D) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; (E) employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (), multiplied by thirty hours; or (F) a person between the ages of sixteen and eighteen who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis. A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of , may, for a period of not more than 3 years, lower the age of a dependent child that qualifies a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.

(3)

section 142(2) of title 29 section 152(9) of title 29ProvidedProvided further Notwithstanding any other provision of law, a household shall not participate in the supplemental nutrition assistance program at any time that any member of such household, not exempt from the work registration requirements of paragraph (1) of this subsection, is on strike as defined in , because of a labor dispute (other than a lockout) as defined in : , That a household shall not lose its eligibility to participate in the supplemental nutrition assistance program as a result of one of its members going on strike if the household was eligible immediately prior to such strike, however, such household shall not receive an increased allotment as the result of a decrease in the income of the striking member or members of the household: , That such ineligibility shall not apply to any household that does not contain a member on strike, if any of its members refuses to accept employment at a plant or site because of a strike or lockout.

(4)

Employment and training.—

(A)

In general.—

(i)

Implementation .—

Each State agency shall implement an employment and training program designed by the State agency, in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations, and approved by the Secretary for the purpose of assisting members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will—

(I)

increase the ability of the household members to obtain regular employment; and

(II)

meet State or local workforce needs.

(ii)

Statewide workforce development system .—

Each component of an employment and training program carried out under this paragraph and implemented to meet the purposes of clause (i) shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system.

(B)

Definitions .—

In this chapter:

(i)

Employment and training program .—

The term “employment and training program” means a program that contains case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and one or more of the following components, except that the State agency shall retain the option to apply employment requirements prescribed under this clause to a program applicant at the time of application:

(I)

Supervised job search programs that occur at State-approved locations at which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines issued by the State.

(II)

Job search training programs that include, to the extent determined appropriate by the State agency, reasonable job search training and support activities that may consist of employability assessments, training in techniques to increase employability, job placement services, or other direct training or support activities, including educational programs, determined by the State agency to expand the job search abilities or employability of those subject to the program.

(III)

section 2029 of this title Workfare programs operated under .

(IV)

Programs designed to improve the employability of household members through actual work experience or training, or both, and to enable individuals employed or trained under such programs to move promptly into regular public or private employment, including subsidized employment and apprenticeships. An employment or training experience program established under this clause shall—

(aa)

not provide any work that has the effect of replacing the employment of an individual not participating in the employment or training experience program; and

(bb)

provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.

(V)

Educational programs or activities to improve basic skills and literacy, or otherwise improve employability, including educational programs determined by the State agency to expand the job search abilities or employability of those subject to the program under this paragraph.

(VI)

Programs designed to increase the self-sufficiency of recipients through self-employment, including programs that provide instruction for self-employment ventures.

(VII)

Programs intended to ensure job retention by providing job retention services, if the job retention services are provided for a period of not less than 30 days but not more than 90 days after an individual who received employment and training services under this paragraph gains employment.

(VIII)

section 2025(h)(1)(F) of this title Programs and activities under clause (iv) of that the Secretary determines, based on results from the independent evaluations conducted under clause (vii)(I) of such section, have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance.

(IX)

As approved by the Secretary or the State under regulations issued by the Secretary, other employment, educational and training programs, projects, and experiments, such as a supported work program, aimed at accomplishing the purpose of the employment and training program.

(ii)

Workforce partnership.—

(I)

In general .—

The term “workforce partnership” means a program that—

(aa)

is operated by—

(AA)

a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development; or

(BB)

29 U.S.C. 3152(d) an entity identified as an eligible provider of training services under section 122(d) of the Workforce Innovation and Opportunity Act ();

(bb)

the Secretary certifies, or the State agency certifies to the Secretary—

(AA)

subject to subparagraph (N)(ii), would assist participants who are members of households participating in the supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment;

(BB)

subject to subparagraph (N)(ii), would provide participants with not less than 20 hours per week of training, work, or experience under subitem (AA);

(CC)

would not use any funds authorized to be appropriated by this chapter;

(DD)

o would provide sufficient information, on request by the State agency, for the State agency to determine that participants who are members of households participating in the supplemental nutrition assistance program are fulfilling any applicable work requirement under this subsection or subsection ();

(EE)

would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assistance program for future employment or work-related programs; and

(FF)

meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and

(cc)

29 U.S.C. 201 is in compliance with the Fair Labor Standards Act of 1938 ( et seq.), if applicable.

(II)

Inclusion .—

The term “workforce partnership” includes a multistate program.

(C)

The State agency may provide that participation in an employment and training program may supplement or supplant other employment-related requirements imposed on those subject to the program.

(D)

(i)

Each State agency may exempt from any requirement for participation in any program under this paragraph categories of household members.

(ii)

Each State agency may exempt from any requirement for participation individual household members not included in any category designated as exempt under clause (i).

(iii)

Any exemption of a category or individual under this subparagraph shall be periodically evaluated to determine whether the exemption continues to be valid.

(E)

Requirements for participation for certain individuals.—

(i)

In general .—

Each State agency shall establish requirements for participation by individuals not exempt under subparagraph (D) in one or more employment and training programs under this paragraph, including the extent to which any individual is required to participate.

(ii)

Variation .—

The requirements under clause (i) may vary among participants.

(iii)

Application to workforce partnerships .—

To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.

(F)

(i)

section 2029 of this title 29 U.S.C. 206(a)(1) The total hours of work in an employment and training program carried out under this paragraph required of members of a household, together with the hours of work of such members in any program carried out under , in any month collectively may not exceed a number of hours equal to the household’s allotment for such month divided by the higher of the applicable State minimum wage or Federal minimum hourly rate under the Fair Labor Standards Act of 1938 [].

(ii)

section 2029 of this title The total hours of participation in such program required of any member of a household, individually, in any month, together with any hours worked in another program carried out under and any hours worked for compensation (in cash or in kind) in any other capacity, shall not exceed one hundred and twenty hours per month.

(iii)

Any individual voluntarily electing to participate in a program under this paragraph shall not be subject to the limitations described in clauses (i) and (ii).

(G)

The State agency may operate any program component under this paragraph in which individuals elect to participate.

(H)

Federal funds made available to a State agency for purposes of the component authorized under subparagraph (B)(i)(V) shall not be used to supplant non-Federal funds used for existing services and activities that promote the purposes of this component.

(I)

(i)

The State agency shall provide payments or reimbursements to participants in programs carried out under this paragraph, including individuals participating under subparagraph (G), for—

(I)

the actual costs of transportation and other actual costs (other than dependent care costs), that are reasonably necessary and directly related to participation in the program; and

(II)

42 U.S.C. 601 42 U.S.C. 601 the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act ( et seq.) in a local area where an employment, training, or education program under title IV of such Act [ et seq.] is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. Individuals subject to the program under this paragraph may not be required to participate if dependent costs exceed the limit established by the State agency under this subclause or other actual costs exceed any limit established under subclause (I).

(ii)

In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.

(iii)

The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall—

(I)

not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and

(II)

section 21 of title 26 not be claimed as an employment-related expense for the purposes of the credit provided under .

(J)

The Secretary shall promulgate guidelines that (i) enable State agencies, to the maximum extent practicable, to design and operate an employment and training program that is compatible and consistent with similar programs operated within the State, and (ii) ensure, to the maximum extent practicable, that employment and training programs are provided for Indians on reservations.

(K)

Limitation on funding .—

42 U.S.C. 601 42 U.S.C. 601Notwithstanding any other provision of this paragraph, the amount of funds a State agency uses to carry out this paragraph (including funds used to carry out subparagraph (I)) for participants who are receiving benefits under a State program funded under part A of title IV of the Social Security Act ( et seq.) shall not exceed the amount of funds the State agency used in fiscal year 1995 to carry out this paragraph for participants who were receiving benefits in fiscal year 1995 under a State program funded under part A of title IV of the Act ( et seq.).

(L)

section 2020(e)(19) of this title The Secretary shall ensure that State agencies comply with the requirements of this paragraph and .

(M)

29 U.S.C. 3111 The facilities of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Innovation and Opportunity Act [ et seq.] may be used to find employment and training opportunities for household members under the programs under this paragraph.

(N)

Workforce partnerships.—

(i)

Certification .—

In certifying that a program meets the requirements of subitems (AA) and (BB) of subparagraph (B)(ii)(I)(bb) to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes—

(I)

the services and activities of the program that would provide participants with not less than 20 hours per week of training, work, or experience under those subitems; and

(II)

how the program would provide services and activities described in subclause (I) that would directly enhance the employability or job readiness of the participant.

(ii)

Supplement, not supplant .—

A State agency may use a workforce partnership to supplement, not to supplant, the employment and training program of the State agency.

(iii)

Participation .—

A State agency—

(I)

shall—

(aa)

maintain a list of workforce partnerships certified under subparagraph (B)(ii)(I)(bb); and

(bb)

o not less frequently than at certification and recertification, provide to a household member subject to work requirements under subsection (d)(1) or subsection (), electronically or by other means, the list described in item (aa); but

(II)

may not require any member of a household participating in the supplemental nutrition assistance program to participate in a workforce partnership.

(iv)

Effect.—

(I)

In general .—

A workforce partnership shall not replace the employment or training of an individual not participating in the workforce partnership.

(II)

Selection .—

oNothing in this subsection or subsection () affects the criteria or screening process for selecting participants by a workforce partnership.

(v)

Limitation on reporting requirements .—

In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting requirements of a workforce partnership to—

(I)

on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership;

(II)

identifying participants who have completed or are no longer participating in the workforce partnership;

(III)

identifying changes to the workforce partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under subparagraph (B)(ii)(I)(bb); and

(IV)

o providing sufficient information, on request by the State agency, for the State agency to verify that a participant is fulfilling any applicable work requirements under this subsection or subsection ().

(O)

Referral of certain individuals.—

(i)

In general .—

In accordance with such regulations as may be issued by the Secretary, with respect to any individual who is not eligible for an exemption under paragraph (2) and who is determined by the operator of an employment and training program component to be ill-suited to participate in that employment and training program component, the State agency shall—

(I)

refer the individual to an appropriate employment and training program component;

(II)

refer the individual to an appropriate workforce partnership, if available;

(III)

reassess the physical and mental fitness of the individual under paragraph (1)(A); or

(IV)

to the maximum extent practicable, coordinate with other Federal, State, or local workforce or assistance programs to identify work opportunities or assistance for the individual.

(ii)

Process .—

In carrying out clause (i), the State agency shall ensure that an individual undergoing and complying with the process established under that clause shall not be found to have refused without good cause to participate in an employment and training program.

(e)

Students

No individual who is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program under this section shall be eligible to participate in the supplemental nutrition assistance program as a member of that or any other household if the individual is enrolled at least half-time in an institution of higher education, unless the individual—

(1)

is under age 18 or is age 50 or older;

(2)

is not physically or mentally fit;

(3)

is assigned to or placed in an institution of higher education through or in compliance with the requirements of—

(A)

29 U.S.C. 3111 a program under title I of the Workforce Innovation and Opportunity Act [ et seq.];

(B)

an employment and training program under this section, subject to the condition that the course or program of study—

(i)

section 2302 of title 20 section 1002 of title 20 is part of a program of career and technical education (as defined in ) that may be completed in not more than 4 years at an institution of higher education (as defined in ); or

(ii)

is limited to remedial courses, basic adult education, literacy, or English as a second language;

(C)

section 2296 of title 19 a program under ; or

(D)

another program for the purpose of employment and training operated by a State or local government, as determined to be appropriate by the Secretary;

(4)

is employed a minimum of 20 hours per week or participating in a State or federally financed work study program during the regular school year;

(5)

is—

(A)

a parent with responsibility for the care of a dependent child under age 6; or

(B)

a parent with responsibility for the care of a dependent child above the age of 5 and under the age of 12 for whom adequate child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4);

(6)

42 U.S.C. 601 is receiving benefits under a State program funded under part A of title IV of the Social Security Act ( et seq.);

(7)

42 U.S.C. 601 is so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act [ et seq.] or its successor programs; or

(8)

is enrolled full-time in an institution of higher education, as determined by the institution, and is a single parent with responsibility for the care of a dependent child under age 12.

(f)

Aliens

(1)

a resident of the United States; and

(2)

either—

(A)

a citizen or national of the United States;

(B)

an alien lawfully admitted for permanent residence as an immigrant as defined by sections 1101(a)(15) and 1101(a)(20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;

(C)

Public Law 96–422 an alien who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (); or

(D)

section 1612(b)(2)(G) of title 8 an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in .

The income (less, at State option, a pro rata share) and financial resources of the individual rendered ineligible to participate in the supplemental nutrition assistance program under this subsection shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.

(g)

Residents of States which provide State supplementary payments

42 U.S.C. 1381 42 U.S.C. 1382e section 212(a) of Public Law 93–66 42 U.S.C. 1382e(a)section 212(a) of Public Law 93–66No individual who receives supplemental security income benefits under title XVI of the Social Security Act [ et seq.], State supplementary payments described in section 1616 of such Act [], or payments of the type referred to in , as amended, shall be considered to be a member of a household for any month, if, for such month, such individual resides in a State which provides State supplementary payments (1) of the type described in section 1616(a) of the Social Security Act [] and , and (2) the level of which has been found by the Commissioner of Social Security to have been specifically increased so as to include the bonus value of food stamps.

(h)

Transfer of assets to qualify

No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the supplemental nutrition assistance program shall be eligible to participate in the program for a period of up to one year from the date of discovery of the transfer.

(i)

Comparable treatment for disqualification

(1)

In general

If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the supplemental nutrition assistance program.

(2)

Rules and procedures

42 U.S.C. 601If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act ( et seq.), the State agency may use the rules and procedures that apply under part A of title IV of the Act to impose the same disqualification under the supplemental nutrition assistance program.

(3)

Application after disqualification period

A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this chapter and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.

(j)

Disqualification for receipt of multiple benefits

An individual shall be ineligible to participate in the supplemental nutrition assistance program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the supplemental nutrition assistance program.

(k)

Disqualification of fleeing felons

(1)

In general

No member of a household who is otherwise eligible to participate in the supplemental nutrition assistance program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is—

(A)

fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey; or

(B)

violating a condition of probation or parole imposed under a Federal or State law.

(2)

Procedures

The Secretary shall—

(A)

define the terms “fleeing” and “actively seeking” for purposes of this subsection; and

(B)

ensure that State agencies use consistent procedures established by the Secretary that disqualify individuals whom law enforcement authorities are actively seeking for the purpose of holding criminal proceedings against the individual.

(l)

Custodial parent’s cooperation with child support agencies

(1)

In general

42 U.S.C. 651At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as “the individual”) who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the supplemental nutrition assistance program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act ( et seq.)—

(A)

in establishing the paternity of the child (if the child is born out of wedlock); and

(B)

in obtaining support for—

(i)

the child; or

(ii)

the individual and the child.

(2)

Good cause for noncooperation

Paragraph (1) shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child.

(3)

Fees

42 U.S.C. 651Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act ( et seq.).

(m)

Noncustodial parent’s cooperation with child support agencies

(1)

In general

42 U.S.C. 651At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as “the individual”) shall not be eligible to participate in the supplemental nutrition assistance program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act ( et seq.)—

(A)

in establishing the paternity of the child (if the child is born out of wedlock); and

(B)

in providing support for the child.

(2)

Refusal to cooperate

(A)

Guidelines

The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1).

(B)

Procedures

The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1).

(3)

Fees

42 U.S.C. 651Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act ( et seq.).

(4)

Privacy

42 U.S.C. 651The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act ( et seq.) to purposes for which the information is collected.

(n)

Disqualification for child support arrears

(1)

In general

At the option of a State agency, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual.

(2)

Exceptions

Paragraph (1) shall not apply if—

(A)

a court is allowing the individual to delay payment; or

(B)

42 U.S.C. 651 the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act ( et seq.) to provide support for the child of the individual.

(o)

Work requirement

(1)

“Work program” defined

In this subsection, the term “work program” means—

(A)

29 U.S.C. 3111 a program under title I of the Workforce Innovation and Opportunity Act [ et seq.];

(B)

section 2296 of title 19 a program under ;

(C)

a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a supervised job search program or job search training program;

(D)

a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary; and

(E)

a workforce partnership under subsection (d)(4)(N).

(2)

Work requirement

Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not—

(A)

work 20 hours or more per week, averaged monthly;

(B)

participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency;

(C)

section 2029 of this title participate in and comply with the requirements of a program under or a comparable program established by a State or political subdivision of a State; or

(D)

receive benefits pursuant to paragraph (3), (4), (5), or (6).

(3)

Exceptions

Paragraph (2) shall not apply to an individual if the individual is—

(A)

under 18, or over 65, years of age;

(B)

medically certified as physically or mentally unfit for employment;

(C)

a parent or other member of a household with responsibility for a dependent child under 14 years of age;

(D)

otherwise exempt under subsection (d)(2);

(E)

a pregnant woman;

(F)

section 1603 of title 25 an Indian or an Urban Indian (as such terms are defined in paragraphs (13) and (28) of ); or

(G)

section 1679(a) of title 25 a California Indian described in .

(4)

Waiver

(A)

In general

On the request of a State agency and with the support of the chief executive officer of the State, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside—

(i)

has an unemployment rate of over 10 percent; or

(ii)

is in a noncontiguous State and has an unemployment rate that is at or above 1.5 times the national unemployment rate.

(B)

Report

The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

(C)

Definition of noncontiguous State

(i)

In general

In this paragraph, the term “noncontiguous State” means a State that is not 1 of the contiguous 48 States or the District of Columbia.

(ii)

Exclusions

The term “noncontiguous State” does not include Guam or the Virgin Islands of the United States.

(5)

Subsequent eligibility

(A)

Regaining eligibility

An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual—

(i)

works 80 or more hours;

(ii)

participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or

(iii)

section 2029 of this title participates in and complies with the requirements of a program under or a comparable program established by a State or political subdivision of a State.

(B)

Maintaining eligibility

An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2).

(C)

Loss of employment

(i)

In general

An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2).

(ii)

Limitation

An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period.

(6)

Exemptions

(A)

Definitions

In this paragraph:

(i)

Caseload

The term “caseload” means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.

(ii)

Covered individual

The term “covered individual” means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who—

(I)

is not eligible for an exception under paragraph (3);

(II)

does not reside in an area covered by a waiver granted under paragraph (4);

(III)

is not complying with subparagraph (A), (B), or (C) of paragraph (2);

(IV)

is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided under paragraph (2); and

(V)

is not receiving supplemental nutrition assistance program benefits under paragraph (5).

(B)

General rule

Subject to subparagraphs (C) through (I), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals.

(C)

Fiscal year 1998

section 2025(c) of this titleSubject to subparagraphs (G) and (I), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

(D)

Fiscal years 1999 through 2019

Subject to subparagraphs (G) through (I), for fiscal year 1999 and each subsequent fiscal year through fiscal year 2019, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).

(E)

Fiscal years 2020 through 2023

Subject to subparagraphs (G) through (I), for fiscal year 2020 and each subsequent fiscal year through fiscal year 2023, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).

(F)

Subsequent fiscal years

1 So in original. Probably should be followed by a period.

Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4) 

(G)

Caseload adjustments

2 So in original.

The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C), (D),, (E) or (F) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary.

(H)

Exemption adjustments

During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph.

(I)

Reporting requirement

A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.

(J)

Rule of construction for exemption adjustment

During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.

(7)

Exemption for noncontiguous States

(A)

Definition of noncontiguous State

(i)

In general

In this paragraph, the term “noncontiguous State” means a State that is not 1 of the contiguous 48 States or the District of Columbia.

(ii)

Exclusions

In this paragraph, the term “noncontiguous State” does not include Guam or the Virgin Islands of the United States.

(B)

Exemption

Subject to subparagraph (D), the Secretary may exempt individuals in a noncontiguous State from compliance with the requirements of paragraph (2) if—

(i)

the State agency submits to the Secretary a request for that exemption, made in such form and at such time as the Secretary may require, and including the information described in subparagraph (C); and

(ii)

the Secretary determines that based on that request, the State agency is demonstrating a good faith effort to comply with the requirements of paragraph (2).

(C)

Good faith effort determination

In determining whether a State agency is demonstrating a good faith effort for purposes of subparagraph (B)(ii), the Secretary shall consider—

(i)

any actions taken by the State agency toward compliance with the requirements of paragraph (2);

(ii)

any significant barriers to or challenges in meeting those requirements, including barriers or challenges relating to funding, design, development, procurement, or installation of necessary systems or resources;

(iii)

the detailed plan and timeline of the State agency for achieving full compliance with those requirements, including any milestones (as defined by the Secretary); and

(iv)

any other criteria determined appropriate by the Secretary.

(D)

Duration of exemption

(i)

In general

December 31, 2028An exemption granted under subparagraph (B) shall expire not later than , and may not be renewed beyond that date.

(ii)

Early termination

The Secretary may terminate an exemption granted under subparagraph (B) prior to the expiration date of that exemption if the Secretary determines that the State agency—

(I)

has failed to comply with the reporting requirements described in subparagraph (E); or

(II)

based on the information provided pursuant to subparagraph (E), failed to make continued good faith efforts toward compliance with the requirements of this subsection.

(E)

Reporting requirements

A State agency granted an exemption under subparagraph (B) shall submit to the Secretary—

(i)

quarterly progress reports on the status of the State agency in achieving the milestones toward full compliance described in subparagraph (C)(iii); and

(ii)

information on specific risks or newly identified barriers or challenges to full compliance, including the plan of the State agency to mitigate those risks, barriers, or challenges.

(8)

Other program rules

Nothing in this subsection shall make an individual eligible for benefits under this chapter if the individual is not otherwise eligible for benefits under the other provisions of this chapter.

(p)

Disqualification for obtaining cash by destroying food and collecting deposits

Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally obtained cash by purchasing products with supplemental nutrition assistance program benefits that have containers that require return deposits, discarding the product, and returning the container for the deposit amount shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation.

(q)

Disqualification for sale of food purchased with supplemental nutrition assistance program benefits

Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally sold any food that was purchased using supplemental nutrition assistance program benefits shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation.

(r)

Disqualification for certain convicted felons

(1)

In general

An individual shall not be eligible for benefits under this chapter if—

(A)

the individual is convicted of—

(i)

section 2241 of title 18 aggravated sexual abuse under ;

(ii)

section 1111 of title 18 murder under ;

(iii)

an offense under chapter 110 of title 18;

(iv)

3 So in original. Probably should be preceded by “section”.

a Federal or State offense involving sexual assault, as defined in 13925(a)  of title 42; or

(v)

an offense under State law determined by the Attorney General to be substantially similar to an offense described in clause (i), (ii), or (iii); and

(B)

the individual is not in compliance with the terms of the sentence of the individual or the restrictions under subsection (k).

(2)

Effects on assistance and benefits for others

The amount of benefits otherwise required to be provided to an eligible household under this chapter shall be determined by considering the individual to whom paragraph (1) applies not to be a member of the household, except that the income and resources of the individual shall be considered to be income and resources of the household.

(3)

Enforcement

Each State shall require each individual applying for benefits under this chapter to attest to whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).

(s)

Ineligibility for benefits due to receipt of substantial lottery or gambling winnings

(1)

In general

Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings.

(2)

Duration of ineligibility

section 2014 of this titleA household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of .

(3)

Agreements

As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings.

Pub. L. 88–525, § 6Aug. 31, 196478 Stat. 704 Pub. L. 94–339, § 3July 5, 197690 Stat. 800 Pub. L. 95–113, title XIII, § 1301Sept. 29, 197791 Stat. 964 Pub. L. 96–58Aug. 14, 197993 Stat. 391 Pub. L. 96–249, title IMay 26, 198094 Stat. 359 Pub. L. 97–35, title IAug. 13, 198195 Stat. 361 Pub. L. 97–98, title XIIIDec. 22, 198195 Stat. 1284 Pub. L. 97–253, title ISept. 8, 198296 Stat. 774 Pub. L. 98–204Dec. 2, 198397 Stat. 1385 Pub. L. 99–198, title XVDec. 23, 198599 Stat. 1571–1573 Pub. L. 100–435, title II, § 202(b)Sept. 19, 1988102 Stat. 1656 Pub. L. 101–624, title XVIINov. 28, 1990104 Stat. 3786–3788 Pub. L. 102–237, title IXDec. 13, 1991105 Stat. 1885 Pub. L. 103–66, title XIIIAug. 10, 1993107 Stat. 675 Pub. L. 103–225, title IMar. 25, 1994108 Stat. 106 Pub. L. 103–296, title I, § 108(f)(1)Aug. 15, 1994108 Stat. 1486 Pub. L. 104–193, title I, § 109(b)Aug. 22, 1996110 Stat. 2169 Pub. L. 104–208, div. C, title III, § 308(g)(7)(D)(i)Sept. 30, 1996110 Stat. 3009–624 Pub. L. 105–33, title I, § 1001Aug. 5, 1997111 Stat. 251 Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(2)(B), (f)(2)(B)]Oct. 21, 1998112 Stat. 2681–337 Pub. L. 107–171, title IVMay 13, 2002116 Stat. 309 Pub. L. 110–234, title IVMay 22, 2008122 Stat. 1092 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 113–79, title IVFeb. 7, 2014128 Stat. 787–789 Pub. L. 113–128, title V, § 512lJuly 22, 2014128 Stat. 1709 Pub. L. 115–334, title IV, § 4005(a)Dec. 20, 2018132 Stat. 4627–4631 Pub. L. 118–5, div. C, title IIJune 3, 2023137 Stat. 36 Pub. L. 119–21, title IJuly 4, 2025139 Stat. 81 (, , ; , , ; , , ; , §§ 5, 9, , , 392; , §§ 109, 110, 114, 115, 139, 140, , , 361, 370; , §§ 108(b), (c), 109, 112, , , 362; , §§ 1310, 1311, , , 1285; , §§ 145(e), 154–161, 189(b)(1), 190(a), (b), , , 777, 778, 787; , §§ 5, 6, , , 1386; , §§ 1513(b), 1516, 1517(a), , ; , (c), title IV, § 404(a)–(d), , , 1665–1667; , §§ 1723–1726(b)(1), (c), (d), 1727, , ; , §§ 907, 941(3), , , 1892; , §§ 13922(b), 13942, , , 677; , §§ 101(a), 104(b), , , 107; , (2), , , 1487; , title VIII, §§ 813–815(a), 816, 817(a), 818, 819(a), (c), 820–824(a), , , 2314, 2315, 2318, 2320–2323; , , ; , , ; , , , 2681–418, 2681–429; , §§ 4109, 4115(b)(2), 4121(c), , , 315, 324; , §§ 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, , , 1101, 1102, 1106, 1114; , title IV, §§ 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, , , 1853, 1862–1864, 1868, 1875; , §§ 4007, 4008(a), 4009(a), 4030(d), , , 814; ()(2), , ; , (b), , ; , §§ 311(a), 312, , , 37; , §§ 10102, 10108, , , 85.)

Termination of Amendment

section 311(b)(2) of Pub. L. 118–5For termination of amendment by , see Effective and Termination Dates of 2023 Amendment note below.

Editorial Notes

References in Text

lact Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsecs. (c)(3), (5), (d)(1)(D)(iii)(II), (2), (4)(I)(i)(II), (K), (e)(6), (7), (g), (i)(2), ()(1), (3), (m), and (n)(2)(B), is , , which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part D of title IV of the Act is classified generally to part D (§ 651 et seq.) of subchapter IV of chapter 7 of Title 42. Title IV–A of the Act (part A of title IV) is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42. Titles IV and XVI of the Social Security Act are classified generally to subchapters IV (§ 601 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see and Tables.

act June 25, 1938, ch. 676 52 Stat. 1060 section 201 of Title 29The Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), (4)(B)(ii)(I)(cc), (F)(i), is , , which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see and Tables.

oPub. L. 113–128July 22, 2014128 Stat. 1425 section 3101 of Title 29The Workforce Innovation and Opportunity Act, referred to in subsecs. (d)(4)(M), (e)(3)(A), and ()(1)(A), is , , . Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 501(e) of Pub. L. 96–422 section 1522 of Title 8Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (f)(2)(C), is , which is set out in a note under , Aliens and Nationality.

Section 212(a) of Pub. L. 93–66 Pub. L. 93–66, title II, § 212(a)July 9, 197387 Stat. 155 section 1382 of Title 42, referred to in subsec. (g), is , , , which is set out as a note under , The Public Health and Welfare.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 119–21, § 101082025—Subsec. (f). , amended subsec. (f) generally. Prior to amendment, subsec. (f) related to alien eligibility to participate in the supplemental nutrition assistance program.

oPub. L. 119–21, § 10102(a)Subsec. ()(3). , added par. (3) and struck out former par. (3) which related to exceptions from the work requirement for eligibility to participate in the supplemental nutrition assistance program.

oPub. L. 119–21, § 10102(b)(1)Subsec. ()(4)(A)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “does not have a sufficient number of jobs to provide employment for the individuals.”

oPub. L. 119–21, § 10102(b)(2)Subsec. ()(4)(C). , added subpar. (C).

oPub. L. 119–21, § 10102(c)Subsec. ()(7), (8). , added par. (7) and redesignated former par. (7) as (8).

oPub. L. 118–5, § 311(a)(1)2023—Subsec. ()(3)(A). , (b)(2), temporarily added subpar. (A) and struck out former subpar. (A) which read as follows: “under 18 or over 50 years of age;”. See Effective and Termination Dates of 2023 Amendment note below.

oPub. L. 118–5, § 311(a)(2)Subsec. ()(3)(F) to (H). –(4), (b)(2), temporarily added subpars. (F) to (H). See Effective and Termination Dates of 2023 Amendment note below.

oPub. L. 118–5, § 312(5)Subsec. ()(6)(B). , substituted “through (I)” for “through (H)”.

oPub. L. 118–5, § 312(6)Subsec. ()(6)(C). , substituted “(G) and (I)” for “(F) and (H)”.

oPub. L. 118–5, § 312(7)Subsec. ()(6)(D). , substituted “(G) through (I)” for “(F) through (H)”.

oPub. L. 118–5, § 312(1)Subsec. ()(6)(E). , substituted “Fiscal years 2020 through 2023” for “Subsequent fiscal years” in heading and “(G) through (I)” for “(F) through (H)” and “year through fiscal year 2023,” for “year,” in text.

oPub. L. 118–5, § 312(4)Subsec. ()(6)(F). , added subpar. (F). Former subpar. (F) redesignated (G).

Pub. L. 118–5, § 312(2), substituted “, (E) or (F)” for “or (E)”.

oPub. L. 118–5, § 312(3)Subsec. ()(6)(G) to (I). , redesignated subpars. (F) to (H) as (G) to (I), respectively.

oPub. L. 118–5, § 312(8)Subsec. ()(6)(J). , added subpar. (J).

Pub. L. 115–334, § 4005(a)(1)(A)2018—Subsec. (d)(4)(A)(i). , inserted “, in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations,” after “designed by the State agency” and substituted “that will—

“(I) increase the ability of the household members to obtain regular employment; and

“(II) meet State or local workforce needs.”

for “that will increase their ability to obtain regular employment.”

Pub. L. 115–334, § 4005(a)(1)(B)Subsec. (d)(4)(A)(ii). , inserted “and implemented to meet the purposes of clause (i)” after “carried out under this paragraph”.

Pub. L. 115–334, § 4005(a)(2)(A)Employment and training programSubsec. (d)(4)(B). –(C), (E)–(I), inserted subpar. (B) heading, substituted “In this chapter:” for “For purposes of this chapter, an” in introductory provisions, inserted “(i) .—The term” before “ ‘employment and training program’ ”, and, in cl. (i) as so designated, inserted “case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and” before “one or more” and substituted “this clause” for “this subparagraph” in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VII) and (IX), respectively, substituted “employability assessments, training in techniques to increase employability” for “jobs skills assessments, job finding clubs, training in techniques for employability” in subcl. (II), inserted “, including subsidized employment and apprenticeships” after “public or private employment” in introductory provisions of subcl. (IV), redesignated subcls. (I) and (II) of former cl. (iv) as items (aa) and (bb), respectively, of subcl. (IV), inserted “not less than 30 days but” before “not more than 90 days” in subcl. (VII), and added subcl. (VIII).

Pub. L. 115–334, § 4005(a)(2)(D)Subsec. (d)(4)(B)(i)(I). , added subcl. (I) and struck out former subcl. (I) which read as follows: “Job search programs.”

Pub. L. 115–334, § 4005(a)(2)(J)Subsec. (d)(4)(B)(ii). , added cl. (ii). Former cl. (ii) redesignated cl. (i)(II) of subsec. (d)(4)(B).

Pub. L. 115–334, § 4005(a)(3)Subsec. (d)(4)(E). , inserted subpar. heading, designated first and second sentences as cls. (i) and (ii), respectively, and inserted cl. headings, substituted “The requirements under clause (i)” for “Such requirements” in cl. (ii), and added cl. (iii).

Pub. L. 115–334, § 4005(a)(4)Subsec. (d)(4)(H). , substituted “subparagraph (B)(i)(V)” for “subparagraph (B)(v)”.

Pub. L. 115–334, § 4005(a)(5)Subsec. (d)(4)(N), (O). , added subpars. (N) and (O).

oPub. L. 115–334, § 4005(b)(1)Subsec. ()(1)(C) to (E). , in subpar. (C), substituted “supervised job search program or job search training program” for “job search program or a job search training program”, and added subpars. (D) and (E).

oPub. L. 115–334, § 4005(b)(2)Subsec. ()(4)(A). , inserted “and with the support of the chief executive officer of the State” after “request of a State agency”.

oPub. L. 115–334, § 4005(b)(3)(A)Subsec. ()(6). , substituted “Exemptions” for “15-percent exemption” in heading.

oPub. L. 115–334, § 4005(b)(3)(B)Subsec. ()(6)(B). , substituted “subparagraphs (C) through (H)” for “subparagraphs (C) through (G)”.

oPub. L. 115–334, § 4005(b)(3)(C)Subsec. ()(6)(C). , substituted “subparagraphs (F) and (H)” for “subparagraphs (E) and (G)”.

oPub. L. 115–334, § 4005(b)(3)(D)Subsec. ()(6)(D). , in heading, substituted “Fiscal years 1999 through 2019” for “Subsequent fiscal years”, and in text, substituted “subparagraphs (F) through (H)” for “subparagraphs (E) through (G)” and “each subsequent fiscal year through fiscal year 2019” for “each subsequent fiscal year”.

oPub. L. 115–334, § 4005(b)(3)(G)Subsec. ()(6)(E). , added subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 115–334, § 4005(b)(3)(E), substituted “subparagraph (C), (D), or (E)” for “subparagraph (C) or (D)”.

oPub. L. 115–334, § 4005(b)(3)(F)Subsec. ()(6)(F) to (H). , redesignated subpars. (E) to (G) as (F) to (H), respectively.

Pub. L. 113–79, § 4030(d)2014—Subsec. (d)(4)(B)(vii), (F)(iii). , realigned margins.

Pub. L. 113–128, § 512(l)(2)(A)Subsec. (d)(4)(M). , substituted “activities under title I of the Workforce Innovation and Opportunity Act” for “activities under title I of the Workforce Investment Act of 1998”.

Pub. L. 113–128, § 512(l)(2)(B)Subsec. (e)(3)(A). , substituted “a program under title I of the Workforce Innovation and Opportunity Act” for “a program under title I of the Workforce Investment Act of 1998”.

Pub. L. 113–79, § 4007Subsec. (e)(3)(B). , substituted “section, subject to the condition that the course or program of study—” for “section;” and added cls. (i) and (ii).

oPub. L. 113–128, § 512(l)(2)(C)Subsec. ()(1)(A). , substituted “a program under title I of the Workforce Innovation and Opportunity Act” for “a program under the title I of the Workforce Investment Act of 1998”.

Pub. L. 113–79, § 4008(a)Subsec. (r). , added subsec. (r).

Pub. L. 113–79, § 4009(a)Subsec. (s). , added subsec. (s).

Pub. L. 110–246, § 4001(b)2008—Subsec. (a). , substituted “supplemental nutrition assistance program” for “food stamp program”.

Pub. L. 110–246, § 4115(b)(4)(A)Subsec. (b)(1)(B). , in introductory provisions, substituted “program benefits” for “coupons or authorization cards” and, in cls. (ii) and (iii), substituted “benefits” for “coupons” wherever appearing.

Pub. L. 110–246, § 4001(b)Subsec. (c). , substituted “supplemental nutrition assistance program” for “food stamp program” in introductory provisions.

Pub. L. 110–246, § 4105Subsec. (c)(1)(A). , in introductory provisions, substituted “reporting” for “reporting by”, in cl. (i), inserted “for periods shorter than 4 months by” before “migrant”, in cl. (ii), inserted “for periods shorter than 4 months by” before “households”, and, in cl. (iii), inserted “for periods shorter than 1 year by” before “households”.

Pub. L. 110–246, § 4001(b)Subsec. (d)(1), (2). , substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.

Pub. L. 110–246, § 4002(a)(3)(A)Subsec. (d)(3). , struck out “for food stamps” after “eligible”.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” in two places.

Pub. L. 110–246, § 4001(b)Subsec. (d)(4)(A)(i). , substituted “supplemental nutrition assistance program” for “food stamp program”.

Pub. L. 110–246, § 4108(1)Subsec. (d)(4)(B)(vii), (viii). , added cl. (vii) and redesignated former cl. (vii) as (viii).

Pub. L. 110–246, § 4108(2)Subsec. (d)(4)(F)(iii). , added cl. (iii).

Pub. L. 110–246, § 4115(b)(4)(B)Subsec. (d)(4)(L). , substituted “section 2020(e)(19)” for “section 2020(e)(22)”.

Pub. L. 110–246, § 4001(b)Subsecs. (e), (f), (h), (i). , substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.

Pub. L. 110–246, § 4002(a)(3)(B)Subsec. (j). , struck out “food stamp” before “benefits” in heading.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” in two places.

Pub. L. 110–246, § 4112Subsec. (k). , designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and added par. (2).

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” in introductory provisions.

lPub. L. 110–246, § 4001(b)Subsecs. () to (n). , substituted “supplemental nutrition assistance program” for “food stamp program”.

oPub. L. 110–246, § 4002(a)(3)(C)(i)Subsec. ()(2). , substituted “supplemental nutrition assistance program benefits” for “food stamp benefits” in introductory provisions.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” in introductory provisions.

oPub. L. 110–246, § 4001(b)Subsec. ()(5)(A). , substituted “supplemental nutrition assistance program” for “food stamp program” in introductory provisions.

oPub. L. 110–246, § 4002(a)(3)(C)(ii)(I)Subsec. ()(6)(A)(i), (ii). , in cl. (i), substituted “supplemental nutrition assistance program benefits” for “food stamps” and, in cl. (ii), substituted “a member of a household that receives supplemental nutrition assistance program benefits” for “a food stamp recipient” in introductory provisions and “supplemental nutrition assistance program benefits” for “food stamp benefits” wherever appearing.

oPub. L. 110–246, § 4002(a)(3)(C)(ii)(II)Subsec. ()(6)(D), (E). , substituted “members of households that receive supplemental nutrition assistance program benefits” for “food stamp recipients”.

Pub. L. 110–246, § 4131Subsecs. (p), (q). , added subsecs. (p) and (q).

Pub. L. 107–171, § 4115(b)(2)section 2020(s) of this title2002—Subsec. (c). , substituted “Except in a case in which a household is receiving transitional benefits during the transitional benefits period under , no household” for “No household” in introductory provisions.

Pub. L. 107–171, § 4109(1)Subsec. (c)(1)(B). , struck out “on a monthly basis” after “periodic reports”.

Pub. L. 107–171, § 4109(2)Subsec. (c)(1)(D). , added subpar. (D).

Pub. L. 107–171, § 4121(c)Subsec. (d)(4)(I)(i)(I). , struck out “, except that the State agency may limit such reimbursement to each participant to $25 per month” before semicolon.

Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(i)]1998—Subsec. (d)(4)(M). , struck out “the State public employment offices and agencies operating programs under the Job Training Partnership Act or of” after “The facilities of”.

Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(i)], substituted “the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998” for “the State public employment offices and agencies operating programs under the Job Training Partnership Act”.

Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(ii)]Subsec. (e)(3)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “a program under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”.

Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(ii)]29 U.S.C. 1501, added subpar. (A) and struck out former subpar. (A) which read as follows: “a program under the Job Training Partnership Act ( et seq.);”.

oPub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(iii)]Subsec. ()(1)(A). , struck out “Job Training Partnership Act or” before “title I”.

Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(iii)]29 U.S.C. 1501, substituted “Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “Job Training Partnership Act ( et seq.)”

oPub. L. 105–33, § 1001(1)1997—Subsec. ()(2)(D). , substituted “(5), or (6)” for “or (5)”.

oPub. L. 105–33, § 1001(2)Subsec. ()(6), (7). , (3), added par. (6) and redesignated former par. (6) as (7).

Pub. L. 104–193, § 813(1)1996—Subsec. (b)(1)(i). , substituted “1 year” for “six months”.

Pub. L. 104–193, § 813(2)Subsec. (b)(1)(ii). , substituted “2 years” for “1 year”.

Pub. L. 104–193, § 814Subsec. (b)(1)(iii)(IV). , added subcl. (IV).

Pub. L. 104–193, § 109(b)(1)Subsec. (c)(5). , substituted “the State program funded” for “the State plan approved”.

Pub. L. 104–193, § 815(a)Subsec. (d). , inserted subsec. heading.

Pub. L. 104–193, § 815(a)Subsec. (d)(1). , added par. (1) and struck out former par. (1) which related to ineligibility in case of refusal of person or head of household to register for or accept employment.

Pub. L. 104–193August 1, 1996Subsec. (d)(2). , §§ 816, 819(c), struck out “that is comparable to a requirement of paragraph (1)” after “person is subject” in cl. (A) and inserted at end “A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of , may, for a period of not more than 3 years, lower the age of a dependent child that qualifies a parent or other member of a household for an exemption under subparagraph (B) to between 1 and 6 years of age.”

Pub. L. 104–193, § 817(a)(1)Subsec. (d)(4). , inserted par. heading.

Pub. L. 104–193, § 817(a)(1)April 1, 1987Subsec. (d)(4)(A). , (2), inserted subpar. heading, designated existing provisions as cl. (i), inserted heading, substituted “Each State” for “Not later than , each State”, inserted “work,” after “skills, training,”, and added cl. (ii).

Pub. L. 104–193, § 817(a)(3)Subsec. (d)(4)(B). , in introductory provisions, inserted before colon “, except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application”, in cl. (i), struck out “with terms and conditions comparable to those prescribed in subparagraphs (A) and (B) of section 402(a)(35) of part A of title IV of the Social Security Act, except that the State agency shall retain the option to apply employment requirements prescribed under this clause to program applicants at the time of application” after “search programs”, and in cl. (iv), redesignated subcls. (III) and (IV) as (I) and (II), respectively, and struck out former subcls. (I) and (II) which read as follows:

“(I) limit employment experience assignments to projects that serve a useful public purpose in fields such as health, social services, environmental protection, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care;

“(II) to the extent possible, use the prior training, experience, and skills of the participating member in making appropriate employment or training experience assignments;”.

Pub. L. 104–193, § 817(a)(4)Subsec. (d)(4)(D). , in cl. (i), struck out “to which the application of such participation requirement is impracticable as applied to such categories due to factors such as the availability of work opportunities and the cost-effectiveness of the employment requirements. In making such a determination, the State agency may designate a category consisting of all such household members residing in a specific area of the State. Each State may exempt, with the approval of the Secretary, members of households that have participated in the food stamp program 30 days or less” after “household members”, in cl. (ii), struck out “but with respect to whom such participation is impracticable because of personal circumstances such as lack of job readiness and employability, the remote location of work opportunities, and unavailability of child care” after “clause (i)”, and in cl. (iii), substituted “the exemption continues to be valid” for “, on the basis of the factors used to make a determination under clause (i) or (ii), the exemption continues to be valid. Such evaluations shall occur no less often than at each certification or recertification in the case of exemptions under clause (ii)”.

Pub. L. 104–193, § 817(a)(5)September 30, 1995Subsec. (d)(4)(E). , struck out at end “Through , two States may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary’s discretion, approve additional States’ requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate.”

Pub. L. 104–193, § 817(a)(6)Subsec. (d)(4)(G). , struck out “(i)” after “(G)” and struck out cl. (ii) which read as follows: “The State agency shall permit, to the extent it determines practicable, individuals not subject to requirements imposed under subparagraph (E) or who have complied, or are in the process of complying, with such requirements to participate in any program under this paragraph.”

Pub. L. 104–193, § 817(a)(7)Subsec. (d)(4)(H). , struck out “(ii)” before “Federal funds” and struck out cl. (i) which read as follows: “The Secretary shall issue regulations under which each State agency shall establish a conciliation procedure for the resolution of disputes involving the participation of an individual in the program.”

Pub. L. 104–193, § 817(a)(8)September 19, 1988section 2014(e) of this titleSubsec. (d)(4)(I)(i)(II). , substituted “), except that no such payment or reimbursement shall exceed the applicable local market rate” for “, or was in operation, on ) up to any limit set by the State agency (which limit shall not be less than the limit for the dependent care deduction under ), but in no event shall such payment or reimbursements exceed the applicable local market rate as determined by procedures consistent with any such determination under the Social Security Act”.

Pub. L. 104–193, § 817(a)(9)(A)Subsec. (d)(4)(K). , added subpar. (K) and struck out former subpar. (K) which authorized establishment of performance standards for each State that, in case of persons who were subject to employment requirements under this section and who were not exempt under subpar. (D), designated minimum percentages (not to exceed 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995) of such persons that State agencies were to place in employment and training programs.

Pub. L. 104–193, § 817(a)(10)section 2023 of this titleSubsec. (d)(4)(L). , struck out “(i)” before “The Secretary” and struck out cl. (ii) which read as follows: “If the Secretary determines that a State agency has failed, without good cause, to comply with such a requirement, including any failure to meet a performance standard under subparagraph (J), the Secretary may withhold from such State, in accordance with section 2025(a), (c), and (h) of this title, such funds as the Secretary determines to be appropriate, subject to administrative and judicial review under .”

Pub. L. 104–193, § 817(a)(9), redesignated subpar. (M) as (L) and struck out former subpar. (L) which authorized Secretary to establish performance standards and measures applicable to employment and training programs that were based on employment outcomes, including increases in earnings.

Pub. L. 104–193, § 817(a)(9)(B)Subsec. (d)(4)(M), (N). , redesignated subpars. (M) and (N) as (L) and (M), respectively.

Pub. L. 104–193, § 109(b)(2)Subsec. (e)(6). , substituted “benefits under a State program funded” for “aid to families with dependent children”.

Pub. L. 104–193, § 818Subsec. (f). , in last sentence, inserted “, at State option,” after “(less”.

Pub. L. 104–208Subsec. (f)(2)(F). substituted “1231(b)(3)” for “1253(h)”.

Pub. L. 104–193, § 819(a)Subsec. (i). , added subsec. (i).

Pub. L. 104–193, § 820Subsec. (j). , added subsec. (j).

Pub. L. 104–193, § 821Subsec. (k). , added subsec. (k).

lPub. L. 104–193, § 822lSubsecs. (), (m). , added subsecs. () and (m).

Pub. L. 104–193, § 823Subsec. (n). , added subsec. (n).

oPub. L. 104–193, § 824(a)oSubsec. (). , added subsec. ().

Pub. L. 103–225, § 101(a)(1)1994—Subsec. (c)(1)(A)(ii) to (iv). , redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii) which read “households residing on a reservation;”.

Pub. L. 103–225, § 101(a)(2)Subsec. (c)(1)(C). , added subpar. (C).

Pub. L. 103–296, § 108(f)(1)Subsec. (c)(3). , inserted “the Commissioner of Social Security and” before “the Secretary of Health and Human Services”.

Pub. L. 103–225, § 104(b)Subsec. (c)(4). , substituted “Except as provided in paragraph (1)(C), any” for “Any”.

Pub. L. 103–296, § 108(f)(2)Subsec. (g). , substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

Pub. L. 103–66, § 139421993—Subsec. (b)(1)(ii), (iii). , added cls. (ii) and (iii) and struck out former cls. (ii) and (iii) which read as follows:

“(ii) for a period of one year upon the second occasion of any such determination; and

“(iii) permanently upon the third occasion of any such determination.”

Pub. L. 103–66, § 13922(b)42 U.S.C. 601September 19, 1988Subsec. (d)(4)(I)(i)(II). , amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act ( et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation or was in operation, on ), but in no event shall such payment or reimbursements exceed $160 per dependent per month. Individuals subject to the program under this paragraph may not be required to participate if dependent care costs exceed $160 per dependent per month.”

Pub. L. 102–237, § 941(3)(A)1991—Subsec. (c)(1)(A)(ii). , realigned margin.

Pub. L. 102–237, § 941(3)(B)Subsec. (d)(1)(A). , substituted “who is a physically” for “who is physically”, “Secretary; (ii) refuses” for “Secretary; (ii) refuses” requiring no change in text, and “two months; or (iii) refuses” for “two months; (iii) refuses”.

Pub. L. 102–237, § 941(3)(C)Subsec. (d)(4)(B)(vii). , substituted “Secretary,” for “Secretary,,” and “aimed at” for “aimed an”.

Pub. L. 102–237, § 941(3)(D)Subsec. (d)(4)(D)(iii). , substituted “clause (i) or (ii)” for “clauses (i) or (ii)”.

Pub. L. 102–237, § 941(3)(E)Subsec. (d)(4)(I)(i)(II). , substituted “601 et seq.)” for “601 et seq.))” and “), but in” for “, but in”.

Pub. L. 102–237, § 907(b)September 30, 1989Subsec. (d)(4)(K)(i). , substituted “10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995” for “50 percent through ” and inserted at end “The Secretary shall not require the plan of a State agency to provide for the participation of a number of recipients greater than 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995, of the persons who are subject to employment requirements under this section and who are not exempt under subparagraph (D).”

Pub. L. 102–237, § 907(a)Oct. 1, 1991Subsec. (d)(4)(L). , amended subpar. (L) generally, substituting present provisions for provisions requiring establishment of performance standards by the Secretary, after consultation with the Office of Technology Assessment, Secretary of Labor, Secretary of Health and Human Services, and appropriate designated State officials, which standards were to be coordinated with the corresponding standards under the Job Training Partnership Act and the performance standards under title IV of the Social Security Act, which were to permit variations to take into account differing conditions in different States, and which were to be published and implemented not later than , and directing the Office of Technology Assessment, not later than 180 days after the Secretary publishes proposed measures for performance standards, to develop model performance standards, compare these standards with the Secretary, and report the result of such comparison to the Speaker of the House of Representatives, President pro tempore of the Senate, and Secretary of Agriculture.

Pub. L. 101–624, § 17231990—Subsec. (c)(1)(A)(ii) to (iv). , added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Pub. L. 101–624, § 1724(1)Subsec. (c)(2)(C). , substituted “State agency designed forms” for “forms approved by the Secretary”.

Pub. L. 101–624, § 1724(2)Subsec. (c)(3). , substituted “they contain the information relevant to eligibility and benefit determinations that is specified by the State agency” for “, in accordance with standards prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels”.

Pub. L. 101–624, § 1725Subsec. (d)(1). , inserted after first sentence “The State agency shall allow the household to select an adult parent of children in the household as its head where all adult household members making application agree to the selection. The household may designate its head of household under this paragraph each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household.”

Pub. L. 101–624, § 1726(a)Subsec. (d)(4)(B)(v). , inserted “and literacy,” after “basic skills”.

Pub. L. 101–624, § 1726(b)(1)Subsec. (d)(4)(B)(vi), (vii). , added cl. (vi) and redesignated former cl. (vi) as (vii).

Pub. L. 101–624, § 1726(c)September 30, 1995Subsec. (d)(4)(E). , inserted at end “Through , two States may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary’s discretion, approve additional States’ requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate.”

Pub. L. 101–624, § 1726(d)Subsec. (d)(4)(L)(iii). , substituted “October” for “April”.

Pub. L. 101–624, § 1727 42 U.S.C. 601 42 U.S.C. 602Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “No individual who is a member of a household otherwise eligible to participate in the food stamp program under this section shall be eligible to participate in the food stamp program as a member of that or any other household if he or she (1) is physically and mentally fit and is between the ages of eighteen and sixty, (2) is enrolled at least half time in an institution of higher education, or is an individual who is not assigned to or placed in an institution of higher learning through a program under the Job Training Partnership Act, and (3)(A) is not employed a minimum of twenty hours per week or does not participate in a federally financed work study program during the regular school year; (B) is not a parent with responsibility for the care of a dependent child under age six; (C) is not a parent with responsibility for the care of a dependent child above the age of five and under the age of twelve for whom adequate child care is not available; (D) is not receiving aid to families with dependent children under part A of title IV of the Social Security Act ( et seq.); or (E) is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, as amended ().”

Pub. L. 100–435, § 202(b)1988—Subsec. (c)(1). , substituted subpars. (A) and (B) for undesignated provisions requiring households with household income determined on retrospective basis to file periodic reports with system of less frequent reporting for certain categories of households.

Pub. L. 100–435, § 202(c)Subsec. (c)(2). , added cl. (E).

Pub. L. 100–435, § 404(a)(1)Subsec. (d)(4)(B)(i). , struck out “have no obligation to incur costs exceeding $25 per participant per month, as provided in subparagraph (B)(vi), and the State agency shall” before “retain the option”.

Pub. L. 100–435, § 404(a)(3)Subsec. (d)(4)(B)(v). , (4), added cl. (v). Former cl. (v) redesignated (vi).

Pub. L. 100–435, § 404(a)(2)Subsec. (d)(4)(B)(vi). , (3), redesignated former cl. (v) as (vi) and inserted “or the State under regulations issued by the Secretary,” after “the Secretary” and “employment, educational and training” after “other”.

Pub. L. 100–435, § 404(b)Subsec. (d)(4)(H). , added subpar. (H). Former subpar. (H) redesignated (I).

Pub. L. 100–435, § 404(b)(1)Subsec. (d)(4)(I). , (c), redesignated subpar. (H) as (I) and amended subpar. generally. Prior to amendment, subpar. (I) read as follows: “The State agency shall reimburse participants in programs carried out under this paragraph, including those participating under subparagraph (G), for the actual costs of transportation, and other actual costs, that are reasonably necessary and directly related to participation in the program, except that the State agency may limit such reimbursement to each participant to $25 per month.” Former subpar. (I) redesignated (J).

Pub. L. 100–435, § 404(b)(1)Subsec. (d)(4)(J), (K). , redesignated subpars. (I) and (J) as (J) and (K), respectively. Former subpar. (K) redesignated (M).

Pub. L. 100–435, § 404(b)(1)Subsec. (d)(4)(L). , (d), added subpar. (L) and redesignated former subpar. (L) as (N).

Pub. L. 100–435, § 404(b)(1)Subsec. (d)(4)(M), (N). , redesignated former subpars. (K) and (L) as (M) and (N), respectively.

Pub. L. 99–198, § 1513(b)(1)1985—Subsec. (c)(1). , amended first sentence generally. Prior to amendment, first sentence read as follows: “State agencies shall require certain categories of households, including all households with earned income, except migrant farmworker households, all households with potential earners, including individuals receiving unemployment compensation benefits and individuals required by subsection (d) of this section to register for work, and all households required to file a similar report under title IV–A of the Social Security Act, but not including households that have no earned income and in which all adult members are elderly or disabled members, to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection.”

Pub. L. 99–198, § 1513(b)(2)section 2014(f)(2)(A) of this title, inserted after second sentence, provision empowering State agencies to require households, other than households with respect to which household income is required by to be calculated on a prospective basis, to file periodic reports of household circumstances in accordance with the standards prescribed by the Secretary under the preceding provisions of this paragraph.

Pub. L. 99–198, § 1516(2)Subsec. (d)(1). , inserted sentences at end of par. (1) directing that any period of ineligibility for violations under this paragraph shall end when the household member who committed the violation complies with the requirement that has been violated, and that if the household member who committed the violation leaves the household during the period of ineligibility, such household shall no longer be subject to sanction for such violation and, if it is otherwise eligible, may resume participation in the food stamp program, but any other household of which such person thereafter becomes the head of the household shall be ineligible for the balance of the period of ineligibility.

Pub. L. 99–198, § 1516(1)(A)Subsec. (d)(1)(A). , (B), designated existing provisions of first sentence of par. (1) as cl. (A) and in provisions of cl. (A) as so designated substituted “no person shall be eligible to participate in the food stamp program who is a physically and mentally fit person between the ages of sixteen and sixty” for “no household shall be eligible for assistance under this chapter if it includes a physically and mentally fit person between the ages of eighteen and sixty” in provisions preceding subcl. (i).

Pub. L. 99–198, § 1517(a)(1)Subsec. (d)(1)(A)(ii). , substituted “refuses without good cause to participate in an employment and training program under paragraph (4), to the extent required under paragraph (4), including any reasonable employment requirements as are prescribed by the State agency in accordance with paragraph (4), and the period of ineligibility shall be two months” for “refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary, which may include a requirement that, at the option of the State agency, such reporting and inquiry commence at the time of application”.

Pub. L. 99–198, § 1516(1)(C)Subsec. (d)(1)(A)(iii), (iv). , redesignated cl. (iv) as (iii). Former cl. (iii), relating to a head of household who voluntarily quits any job without good cause, with a proviso that the period of ineligibility would be ninety days, was struck out.

Pub. L. 99–198, § 1516(1)(D)Subsec. (d)(1)(B). , added cl. (B).

Pub. L. 99–198, § 1516(3)Subsec. (d)(2)(F). , added cl. (F).

Pub. L. 99–198, § 1517(a)(2)Subsec. (d)(4). , added par. (4).

Pub. L. 99–198, § 1516(4)Subsec. (e)(2). , inserted “or is an individual who is not assigned to or placed in an institution of higher learning through a program under the Job Training Partnership Act,”.

Pub. L. 99–198, § 1516(5)(A)section 1153(a)(7) of title 8Subsec. (f)(2)(D). , (B), substituted “sections 1157 and 1158 of title 8” for “ because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity”.

Pub. L. 99–198, § 1516(5)(C)section 1253(h) of title 8Subsec. (f)(2)(F). , struck out “because of the judgment of the Attorney General that the alien would otherwise be subject to persecution on account of race, religion, or political opinion” after “”.

Pub. L. 98–204, § 5 section 2020(e)(4) of this title1983—Subsec. (c)(1). , inserted sentence authorizing the Secretary to permit State agencies to accept, as satisfying the requirement that households report at such specified less frequent intervals, (i) recertifications conducted in accordance with , (ii) in-person interviews conducted during a certification period, (iii) written reports filed by households, or (iv) such other documentation or actions as the Secretary may prescribe.

Pub. L. 98–204, § 6Subsec. (c)(3). , substituted “Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports” for “The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in circumstances for participating households”.

Pub. L. 97–2531982—Subsec. (c)(1). , §§ 145(e), 154, 155, in first sentence substituted “in which all adult members are elderly or disabled members” for “in which all members are sixty years of age or over or receive supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under title I, II, X, XIV, and XVI of the Social Security Act” and inserted provision that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection, and, in last sentence, struck out “, on a form designed or approved by the Secretary,” after “to the State agency”.

Pub. L. 97–253, § 156Subsec. (c)(5). , added par. (5).

Pub. L. 97–253Subsec. (d)(1). , §§ 157, 158, inserted “, which may include a requirement that, at the option of the State agency, such reporting and inquiry commence at the time of application” after “Secretary” in cl. (ii), substituted “ninety days” for “sixty days from the time of the voluntary quit” in cl. (iii), and inserted provision that an employee of the Federal Government, or of a State or political subdivision of a State, who engaged in a strike against the Federal Government, a State or political subdivision of a State and is dismissed from his job because of his participation in the strike shall be considered to have voluntarily quit such job without good cause.

Pub. L. 97–253Subsec. (d)(2)(C). , §§ 159, 190(a), redesignated subpar. (D) as (C), and struck out former subpar. (C) which provided that a person who would otherwise be required to comply with the requirements of par. (1) was exempt if he or she was a parent or other caretaker of a child in a household where there was another able-bodied parent subject to the requirements of this subsection.

Pub. L. 97–253, § 190(a)Subsec. (d)(2)(D) to (F). , redesignated subpars. (D) to (F) as (C) to (E), respectively. Former subpar. (D) redesignated (C).

Pub. L. 97–253Subsec. (d)(3), (4). , §§ 160, 190(b), redesignated par. (4) as (3), and struck out former par. (3) which provided that to the extent that a State employment service was assigned responsibility for administering the provisions of this subsection, it had to comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations had to be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act and had to take into account the diversity of the needs of the food stamp work registration population.

Pub. L. 97–253, § 161Subsec. (e)(3)(B). , substituted “; (B) is not a parent with responsibility for the care of a dependent child under age six;” for “or (B) is not the head of a household (or spouse of such head) containing one or more other persons who are dependents of that individual because he or she supplies more than half of their support, or”.

Pub. L. 97–253, § 161Subsec. (e)(3)(C) to (E). , added subpars. (C) and (D) and redesignated former subpar. (C) as (E).

Pub. L. 97–253, § 189(b)(1)Subsec. (g)(2). , substituted reference to the Secretary of Health and Human Services for former reference to the Secretary of Health, Education, and Welfare.

Pub. L. 97–35, § 1121981—Subsec. (b). , substituted provisions setting forth disqualification penalties for fraud and misrepresentation, ineligibility period for benefits, and applicable procedures, for provisions relating to prior fraudulent use of coupons or authorization cards, ineligibility period for benefits, and repayment for fraudulent conduct.

Pub. L. 97–35, § 108(b)Subsec. (c). , in par. (1) inserted provisions enumerating categories of households subject to requirements, and substituted “(f)” for “(f)(2)”, and added par. (4).

Pub. L. 97–35, § 108(c)Subsec. (c)(1). , struck out provisions respecting election of retrospective accounting system, and filing of periodic reports by household categories.

Pub. L. 97–98Subsec. (d)(1). , §§ 1310, 1311(1), (2), substituted in cl. (i) “twelve” for “six”, struck out in cl. (iii) “, unless the household was certified for benefits under this chapter immediately prior to such unemployment” after “without good cause”, and inserted in cl. (iv) “(including the lack of adequate child care for children above the age of five and under the age of twelve)” after “good cause”.

Pub. L. 97–98, § 1311(3)Subsec. (d)(2). , (4), inserted in cl. (A) “, in which case, failure by such person to comply with any work requirement to which such person is subject that is comparable to a requirement of paragraph (1) shall be the same as failure to comply with that requirement of paragraph (1)” after “compensation system” and substituted in cl. (B) “six” for “twelve”.

Pub. L. 97–35, § 109(a)Subsec. (d)(4). , inserted provisions relating to an increase in allotments as a result of a decrease in income of striking members of a household, and struck out proviso relating to income qualifications, etc., of subsec. (i).

Pub. L. 97–35, § 109(c)Subsec. (i). , struck out subsec. (i) which related to eligibility of a household containing a person involved in a labor-management dispute.

Pub. L. 96–249, § 1091980—Subsec. (b). , inserted provisions permitting each State to decide to proceed against alleged fraud in the program either by way of administrative fraud hearings or by way of reference to appropriate legal authorities for civil or criminal action, or both.

Pub. L. 96–249, § 110Subsec. (c). , inserted provisions compelling States electing to use a retrospective accounting system to require that certain categories of households file periodic reports of household circumstances following standards prescribed by the Secretary.

Pub. L. 96–249, § 140Subsec. (d)(2)(D). , substituted “enrolled in an institution of higher education shall be ineligible to participate in the food stamp program unless he or she meets the requirements of subsection (e) of this section)” for “shall be subject to the requirements of paragraph (1) of this subsection during any period of more than thirty days when such school or program is in vacation or recess and any such person enrolled in an institution of higher education shall be subject to the requirements of subsection (e)(3)(B) of this section as well)”.

Pub. L. 96–249, § 114Subsec. (d)(4). , added par. (4).

Pub. L. 96–249, § 139Subsec. (e). , substituted requirement that he or she is physically and mentally fit and is between the ages of eighteen and sixty for requirement that he or she has reached his or her eighteenth birthday, inserted requirement that he or she is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, and struck out requirement that he or she is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes.

Pub. L. 96–249, § 115Subsec. (f). , inserted provisions requiring that the income (less a pro rata share) and financial resources of the individual rendered ineligible to participate in the food stamp program under this subsection be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.

Pub. L. 96–58, § 51979—Subsec. (b). , provided that, after any specified period of disqualification pursuant to findings under clauses (1) or (2) of this subsection, no disqualified individual would be eligible to participate in the food stamp program unless that individual agreed to a reduction in the allotment of the household of which that individual is a member or to repayment in cash, in accordance with a reasonable schedule as determined by the Secretary that would be sufficient over time to reimburse the Federal Government for the value of the coupons obtained through the fraudulent conduct, and that if any disqualified individual elected repayment in cash under the provisions of the preceding sentence and failed to make payments in accordance with the schedule determined by the Secretary, the household of which that individual was a member would be subject to appropriate allotment reductions.

Pub. L. 96–58, § 9Subsec. (i). , added subsec. (i).

Pub. L. 95–113 section 2016 of this title1977— substituted revised provisions covering eligibility disqualifications for provisions relating to the issuance, usage, and design of coupons which are now covered by .

Pub. L. 94–3391976—Subsecs. (b) to (e). added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2023 Amendment

Pub. L. 118–5, div. C, title II, § 311(b)June 3, 2023137 Stat. 37

“(1)

State agency .—

oJune 3, 2023A state agency shall apply section 6()(3) of the Food and Nutrition Act of 2008, as amended by subsection (a), to any application for initial certification or recertification received starting 90 days after the date of enactment of this Act [].

“(2)

Sunset .—

October 1, 2030The amendments made by subsection (a) [amending this section] shall cease to have effect on .”

, , , provided that:

Effective Date of 2014 Amendments

Pub. L. 113–128July 22, 2014July 1, 2015section 506 of Pub. L. 113–128 section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.

section 4008(a) of Pub. L. 113–79Feb. 7, 2014section 4008(c) of Pub. L. 113–79 section 2014 of this titleAmendment by inapplicable to a conviction if the conviction is for conduct occurring on or before , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .

Pub. L. 110–246Oct. 1, 2008section 4407 of Pub. L. 110–246 section 1161 of Title 2Amendment by sections 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), and 4131 of effective , see , set out as a note under , The Congress.

Effective Date of 2002 Amendment

Pub. L. 107–171, title IV, § 4121(e)May 13, 2002116 Stat. 324

section 2025 of this titleMay 13, 2002“The amendments made by this section [amending this section and ] take effect on the date of enactment of this Act [].”

, , , provided that:

Pub. L. 107–171Oct. 1, 2002section 4405 of Pub. L. 107–171 section 1161 of Title 2Amendment by sections 4109, 4115(b)(2) of effective , except as otherwise provided, see , set out as an Effective Date note under , The Congress.

Effective Date of 1998 Amendment

Pub. L. 105–277Oct. 21, 1998Pub. L. 105–277July 1, 2000Pub. L. 105–277 section 3502 of Title 5Amendment by section 101(f) [title VIII, § 405(d)(2)(B)] of effective , and amendment by section 101(f) [title VIII, § 405(f)(2)(B)] of effective , see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of , set out as a note under , Government Organization and Employees.

Effective Date of 1997 Amendment

Pub. L. 105–33, title I, § 1005(b)Aug. 5, 1997111 Stat. 257

section 2025 of this titleOctober 1, 1997“The amendments made by sections 1001 and 1002 [amending this section and ] take effect on , without regard to whether regulations have been promulgated to implement the amendments made by such sections.”

, , , provided that:

Effective Date of 1996 Amendments

Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of Title 8Amendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under , Aliens and Nationality.

section 109(b) of Pub. L. 104–193July 1, 1997section 116 of Pub. L. 104–193 section 601 of Title 42Amendment by effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as an Effective Date note under , The Public Health and Welfare.

Effective Date of 1994 Amendment

Pub. L. 103–296Mar. 31, 1995section 110(a) of Pub. L. 103–296 section 401 of Title 42Amendment by effective , see , set out as a note under , The Public Health and Welfare.

Effective Date of 1993 Amendment

Pub. L. 103–66Sept. 1, 1994section 13971(b)(4) of Pub. L. 103–66 section 2025 of this titleAmendment by effective, and to be implemented beginning on, , see , set out as a note under .

Effective Date of 1991 Amendment

Pub. L. 102–237Sept. 30, 1991section 941(3) of Pub. L. 102–237Feb. 1, 1992Pub. L. 102–237 section 1421 of this titleAmendment by section 908 [probably should be 907] of effective , and amendment by effective and to be implemented no later than , see section 1101(d)(1), (3) of , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–624Oct. 1, 1991section 1781(a) of Pub. L. 101–624 section 2012 of this titleAmendment by effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–435Oct. 1, 1988Pub. L. 100–435July 1, 1989section 404 of Pub. L. 100–435Oct. 1, 1989section 902(b) of Title 2 section 901(a)(3)(A) of Title 2 Pub. L. 100–435 section 2012 of this titleAmendment by sections 202(b), (c) and 404(a)(2)–(4), (b), (d) of to be effective and implemented on , and amendment by section 404(a)(1), (c) of to be effective and implemented on , except that amendment by to become effective and implemented on , if final order is issued under , The Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under , see section 701(a), (b)(4), (c)(2) of , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–253Sept. 8, 1982section 193(a) of Pub. L. 97–253 section 2012 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendments

Pub. L. 97–35 section 108(c) of Pub. L. 97–35Sept. 8, 1982section 117 of Pub. L. 97–35 section 2012 of this title section 192(a) of Pub. L. 97–253 section 2012 of this titleAmendment by , except (which amended this section), effective on earlier of , or date such amendment became effective pursuant to , set out as a note under , see , set out as a note under .

Pub. L. 97–98Sept. 8, 1982section 1338 of Pub. L. 97–98 section 2012 of this title section 192(b) of Pub. L. 97–253 section 2012 of this titleAmendment by effective on earlier of , or date such amendment became effective pursuant to , set out as a note under . See , set out as a note under .

Pub. L. 97–98 section 1338 of Pub. L. 97–98 section 2012 of this titleAmendment by effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see , set out as a note under .

Pub. L. 97–35 section 108(c) of Pub. L. 97–35 section 117 of Pub. L. 97–35 section 2012 of this titleAmendments by , except for amendment made by , effective and implemented upon such dates as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see , set out as a note under .

Pub. L. 97–35, title I, § 108(c)Aug. 13, 198195 Stat. 361 Oct. 1, 1983, , , provided that the amendment made by section 108(c) is effective .

Effective Date of 1979 Amendment

Pub. L. 96–58Aug. 14, 1979section 10(b) of Pub. L. 96–58 section 2012 of this titleSecretary of Agriculture to issue final regulations implementing the amendment of subsec. (b) of this section by within 150 days after , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–113, title XIII, § 1301Sept. 29, 197791 Stat. 958 Oct. 1, 1977, , , provided that the amendment made by section 1301 is effective .

Regulations

Pub. L. 105–33, title I, § 1005(a)Aug. 5, 1997111 Stat. 257

Aug. 5, 1997“Not later than 1 year after the date of enactment of this Act [], the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title [amending this section and sections 2020 and 2025 of this title].”

, , , provided that:

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.

Waiver Transparency

Pub. L. 118–5, div. C, title II, § 314June 3, 2023137 Stat. 38

June 3, 2023o7 U.S.C. 2015o“Not later than 30 days after the date of enactment of this Act [], the Secretary of Agriculture shall make public all available State waiver requests, including all supporting data from the State, and agency approvals of such requests, including relevant documentation on the utilization of waivers authorized under Section [sic] 6()(4)(A) of the Food and Nutrition Act of 2008 (()(4)(A)).”

, , , provided that:

Transition Provision for Work Requirement

Pub. L. 104–193, title VIII, § 824(b)Aug. 22, 1996110 Stat. 2324

o7 U.S.C. 2015o“The term ‘preceding 36-month period’ in section 6() of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, ()], as added by subsection (a), does not include, with respect to a State, any period before the earlier of—

“(1)

o the date the State notifies recipients of food stamp benefits of the application of section 6(); or

“(2)

Aug. 22, 1996 the date that is 3 months after the date of enactment of this Act [].”

, , , provided that:

Exemption From Monthly Reporting Systems for Households Residing on Indian Reservations

Pub. L. 102–237, title IX, § 908(a)(2)Dec. 13, 1991105 Stat. 1886 Pub. L. 103–11, § 1Apr. 1, 1993107 Stat. 41 Pub. L. 103–205, § 1Dec. 17, 1993107 Stat. 2418 Mar. 15, 1994Dec. 1, 1992Pub. L. 103–225, title I, § 104(a)Mar. 25, 1994108 Stat. 107 , , , as amended by , , ; , , , provided that no State agency be required to exempt households residing on Indian reservations from food stamp program monthly reporting systems until , and directed Secretary of Agriculture to issue final regulations requiring exemption of households residing on Indian reservations from food stamp program monthly reporting systems no later than , prior to repeal by , , .

Mandatory Monthly Reporting-Retrospective Budgeting for Food Stamp Program; Prohibition

Pub. L. 98–107, § 101(b)Oct. 1, 198397 Stat. 735 Pub. L. 98–107Sept. 30, 1984, , , provided in part that no part of any of the funds appropriated or otherwise made available by or any other Act could be used to implement mandatory monthly reporting-retrospective budgeting for the food stamp program during the first three months of the fiscal year ending .