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

Page 1267 TITLE 7—AGRICULTURE § 2015 REPEALS Sections 104 and 105 of Pub. L. 96–249, cited as a credit to this section, were repealed by Pub. L. 97–35, title I, § 115, Aug. 13, 1981, 95 Stat. 364. Section 313(c)(2) of Pub. L. 96–223, cited as a credit to this section, was repealed by Pub. L. 97–35, title XXVI, § 2611, Aug. 13, 1981, 95 Stat. 902, effective Oct. 1, 1981. CALCULATION OF HOUSEHOLD INCOME Pub. L. 101–624, title XVII, § 1718(b), Nov. 28, 1990, 104 Stat. 3785, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(KK), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(KK), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, during the period beginning October 1, 1988, and ending on the first day of the first month begin- ning at least 120 days after the date of enactment of this Act [Nov. 28, 1990], a State agency may elect to im- plement the amendment to section 5(f)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(f)(2)) made by section 202(a) of the Hunger Prevention Act of 1988 (Public Law 100–435; 102 Stat. 1656) (with respect to the requirement that income be calculated on a prospective basis in the case of households that are not required to report monthly on their income and household cir- cumstances). ‘‘(2) PAYMENT ERROR RATES.—Notwithstanding section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)), during the period referred to in paragraph (1), errors resulting solely from implementation by a State agency of the amendment referred to in paragraph (1) shall not be included in payment error rates deter- mined under section 16(c) of such Act.’’ STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON IMPLEMENTATION OF AMENDMENT TO SUBSECTION (a) BY PUB. L. 99–198 Pub. L. 99–198, title XV, § 1507(c), Dec. 23, 1985, 99 Stat. 1568, directed the Secretary of Agriculture to evaluate the implementation of the amendment made to subsec. (a) of this section by Pub. L. 99–198, § 1507(a), and sub- mit a report summarizing the results of such evalua- tion to Committees of Congress not later than 2 years after Dec. 23, 1985. STUDY AND REPORT RESPECTING RESTRICTING BENEFITS OF FOOD STAMP PROGRAM BASED ON VALUE OF AS- SETS OF PARTICIPANTS Pub. L. 96–243, May 16, 1980, 94 Stat. 345, directed the Department of Agriculture to study the effects of regu- lations which would limit benefits to participants in the food stamp program based upon value of the par- ticipants’ assets, to recommend an appropriate level of asset value which would deny or reduce benefits to a participant and analyze the impacts of such a restric- tion, to consider appropriate exemptions to this re- striction, to analyze the administrative burden which this will impose upon the States, and to report to Con- gress its findings in this matter not later than Jan. 15, 1981. STUDY AND REPORT OF IMPACT AND ADVISABILITY OF COUNTING FOR INCOME ELIGIBILITY IN FOOD STAMP PROGRAM EDUCATIONAL LOANS, ETC. RECEIVED BY IN- DIVIDUAL OR HOUSEHOLD Pub. L. 96–243, May 16, 1980, 94 Stat. 345, provided for the Secretary of Agriculture to study the impact and advisability of counting, for the purposes of income in determining eligibility: all educational loans on which payment is deferred; grants, fellowships, scholarships, and veteran’s educational benefits used for the pay- ment of tuition and mandatory fees at any educational institution of higher learning; and all housing subsidies including, but not limited to payments made by an out- side party on behalf of an individual or household, and further provided for the Department of Agriculture to report to Congress its findings in this matter not later than Jan. 15, 1981. § 2014a. Notice of change in State of residence of certified household Beginning on May 5, 2017, in fiscal year 2017 and each fiscal year hereafter, notwithstanding any other provision of law, a household certified to participate in the Supplemental Nutrition Assistance Program is required to report in a manner prescribed by the Secretary if the household no longer resides in the State in which it is certified. (Pub. L. 115–31, div. A, title VII, § 744, May 5, 2017, 131 Stat. 175.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Food and Nutrition Act of 2008 which comprises this chapter. § 2015. Eligibility disqualifications (a) Additional specific conditions rendering indi- viduals ineligible In addition to meeting the standards of eligi- bility prescribed in section 2014 of this title, 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; disqualifica- tion 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 mis- leading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regu- lations issued thereunder, or any State statute, for the purpose of using, presenting, transfer- ring, acquiring, receiving, or possessing program benefits shall, immediately upon the rendering of such determination, become ineligible for fur- ther participation in the program— (i) for a period of 1 year upon the first occa- sion of any such determination; (ii) for a period of 2 years upon— (I) the second occasion of any such deter- mination; or (II) the first occasion of a finding by a Fed- eral, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for benefits; and (iii) permanently upon— (I) the third occasion of any such deter- mination; (II) the second occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in sec- tion 802 of title 21) 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) a conviction of an offense under sub- section (b) or (c) of section 2024 of this title Page 1268 TITLE 7—AGRICULTURE § 2015 involving an item covered by subsection (b) or (c) of section 2024 of this title having a value of $500 or more. During the period of such ineligibility, no house- hold shall receive increased benefits under this chapter as the result of a member of such house- hold having been disqualified under this sub- section. (2) Each State agency shall proceed against an individual alleged to have engaged in such activ- ity 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 ac- tion in a court of law. (3) Such periods of ineligibility as are provided for in paragraph (1) of this subsection shall re- main in effect, without possibility of adminis- trative 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 regula- tions as the Secretary may deem appropriate to ensure that information concerning any such de- termination 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 provi- sions of this section. No State shall withhold such information from the Secretary or the Sec- retary’s designee for any reason whatsoever. (c) Refusal to provide necessary information Except in a case in which a household is re- ceiving transitional benefits during the transi- tional benefits period under section 2020(s) of this title, no household shall be eligible to par- ticipate in the supplemental nutrition assist- ance program if it refuses to cooperate in pro- viding information to the State agency that is necessary for making a determination of its eli- gibility or for completing any subsequent review of its eligibility. (1)(A) A State agency may require certain categories of households to file periodic re- ports 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 home- less 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 cir- cumstances that the Secretary considers nec- essary to assure accurate eligibility and ben- efit determinations. (C) A State agency may require periodic re- porting on a monthly basis by households re- siding 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, re- duce, 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) on March 25, 1994, the State agency re- quires 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 certifi- cation period. (D) FREQUENCY OF REPORTING.— (i) IN GENERAL.—Except as provided in sub- paragraphs (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.—A household required to report less often than once each 3 months shall, not- withstanding subparagraph (B), report in a manner prescribed by the Secretary if the income of the household for any month ex- ceeds the income standard of eligibility es- tablished under section 2014(c)(2) of this title. (2) 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 deter- mines that a longer period of time is nec- essary, (B) have available special procedures that permit the filing of the required informa- tion in the event all adult members of the household are mentally or physically handi- capped 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 section 2020(e)(10) of this title, and (E) be provided each month (or other ap- plicable period) with an appropriate, simple form for making the required reports of the household together with clear instructions ex- plaining how to complete the form and the rights and responsibilities of the household under any periodic reporting system. (3) Reports required to be filed under para- graph (1) of this subsection shall be considered Page 1269 TITLE 7—AGRICULTURE § 2015 complete if they contain the information rel- evant to eligibility and benefit determinations that is specified by the State agency. All re- port forms, including those related to periodic reports of circumstances, shall contain a de- scription, in understandable terms in promi- nent and bold face lettering, of the appro- priate 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 reg- ulations implementing these reporting re- quirements, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services, and, wherever feasible, households that receive as- sistance under title IV–A of the Social Secu- rity Act [42 U.S.C. 601 et seq.] and that are re- quired to file comparable reports under that Act [42 U.S.C. 301 et seq.] shall be provided the opportunity to file reports at the same time for purposes of this chapter and the Social Se- curity Act. (4) Except as provided in paragraph (1)(C), any household that fails to submit periodic re- ports required by paragraph (1) shall not re- ceive an allotment for the payment period to which the unsubmitted report applies until such report is submitted. (5) The Secretary is authorized, upon the re- quest of a State agency, to waive any provi- sions of this subsection (except the provisions of the first sentence of paragraph (1) which re- late to households which are not required to file periodic reports) to the extent necessary to permit the State agency to establish peri- odic 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 (42 U.S.C. 601 et seq.) in that State. (d) Conditions of participation (1) WORK REQUIREMENTS.— (A) IN GENERAL.—No physically and men- tally fit individual over the age of 15 and under the age of 60 shall be eligible to partici- pate 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 partici- pate in an employment and training pro- gram 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 min- imum wage; or (II) 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 (29 U.S.C. 206(a)(1)) been applicable to the offer of employ- ment; (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 re- duction, the individual is working less than 30 hours per week; or (vi) fails to comply with section 2029 of this title. (B) HOUSEHOLD INELIGIBILITY.—If an indi- vidual who is the head of a household becomes ineligible to participate in the supplemental nutrition assistance program under subpara- graph (A), the household shall, at the option of the State agency, become ineligible to partici- pate 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 partici- pate in the supplemental nutrition assist- ance program under subparagraph (A), the individual shall remain ineligible until the later of— (I) the date the individual becomes eligi- ble 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 ineli- gible. (ii) SECOND VIOLATION.—The second time that an individual becomes ineligible to par- ticipate in the supplemental nutrition as- sistance program under subparagraph (A), the individual shall remain ineligible until the later of— (I) the date the individual becomes eligi- ble 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 ineli- gible. (iii) THIRD OR SUBSEQUENT VIOLATION.—The third or subsequent time that an individual becomes ineligible to participate in the sup- plemental nutrition assistance program under subparagraph (A), the individual shall remain ineligible until the later of— (I) the date the individual becomes eligi- ble 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 Page 1270 TITLE 7—AGRICULTURE § 2015 (IV) at the option of the State agency, permanently. (D) ADMINISTRATION.— (i) GOOD CAUSE.—The Secretary shall de- termine the meaning of good cause for the purpose of this paragraph. (ii) VOLUNTARY QUIT.—The Secretary shall determine the meaning of voluntarily quit- ting and reducing work effort for the pur- pose 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 compli- ance with a requirement under subpara- graph (A). (II) NOT LESS RESTRICTIVE.—A 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 com- parable meaning, procedure, or determina- tion under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (iv) STRIKE AGAINST THE GOVERNMENT.—For the purpose of subparagraph (A)(v), an em- ployee 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 with- out 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 supple- mental 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 designa- tion 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 in- eligible to participate in the supplemental nutrition assistance program under subpara- graph (B)— (I) the household shall, if otherwise eligi- ble, become eligible to participate in the supplemental nutrition assistance pro- gram; and (II) if the head of the household becomes the head of another household, the house- hold that becomes headed by the indi- vidual shall become ineligible to partici- pate in the supplemental nutrition assist- ance program for the remaining period of ineligibility. (2) 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 sub- ject to and complying with a work registration requirement under title IV of the Social Secu- rity Act, as amended (42 U.S.C. 602), or the Fed- eral-State unemployment compensation system, in which case, failure by such person to comply with any work requirement to which such per- son 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 per- son; (C) a bona fide student enrolled at least half time in any recognized school, training pro- gram, or institution of higher education (except that any such person enrolled in an institution of higher education shall be ineligible to partici- pate in the supplemental nutrition assistance program unless he or she meets the require- ments of subsection (e) of this section); (D) a regular participant in a drug addiction or alco- holic 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 (29 U.S.C. 206(a)(1)), 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 at- tending 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 August 1, 1996, may, for a period of not more than 3 years, lower the age of a dependent child that qualifies a par- ent or other member of a household for an ex- emption under subparagraph (B) to between 1 and 6 years of age. (3) 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 require- ments of paragraph (1) of this subsection, is on strike as defined in section 142(2) of title 29, be- cause of a labor dispute (other than a lockout) as defined in section 152(9) of title 29: Provided, That a household shall not lose its eligibility to participate in the supplemental nutrition assist- ance program as a result of one of its members going on strike if the household was eligible im- mediately prior to such strike, however, such household shall not receive an increased allot- ment as the result of a decrease in the income of the striking member or members of the household: Provided further, That such ineligi- bility 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. Page 1271 TITLE 7—AGRICULTURE § 2015 (4) EMPLOYMENT AND TRAINING.— (A) IN GENERAL.— (i) IMPLEMENTATION.—Each State agency shall implement an employment and train- ing program designed by the State agency, in consultation with the State workforce de- velopment board, or, if the State dem- onstrates that consultation with private em- ployers or employer organizations would be more effective or efficient, in consultation with private employers or employer organi- zations, and approved by the Secretary for the purpose of assisting members of house- holds participating in the supplemental nu- trition 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 employ- ment and training program carried out under this paragraph and implemented to meet the purposes of clause (i) shall be deliv- ered through a statewide workforce develop- ment 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 pro- gram’’ 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 di- rectly supervised and the timing and ac- tivities of participants tracked in accord- ance with guidelines issued by the State. (II) Job search training programs that include, to the extent determined appro- priate by the State agency, reasonable job search training and support activities that may consist of employability assessments, training in techniques to increase employ- ability, job placement services, or other direct training or support activities, in- cluding educational programs, determined by the State agency to expand the job search abilities or employability of those subject to the program. (III) Workfare programs operated under section 2029 of this title. (IV) Programs designed to improve the employability of household members through actual work experience or train- ing, or both, and to enable individuals em- ployed or trained under such programs to move promptly into regular public or pri- vate employment, including subsidized em- ployment and apprenticeships. An employ- ment or training experience program es- tablished under this clause shall— (aa) not provide any work that has the effect of replacing the employment of an individual not participating in the em- ployment or training experience pro- gram; 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, includ- ing 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 pro- vide instruction for self-employment ven- tures. (VII) Programs intended to ensure job retention by providing job retention serv- ices, if the job retention services are pro- vided for a period of not less than 30 days but not more than 90 days after an indi- vidual who received employment and training services under this paragraph gains employment. (VIII) Programs and activities under clause (iv) of section 2025(h)(1)(F) of this title that the Secretary determines, based on results from the independent evalua- tions 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 Sec- retary, other employment, educational and training programs, projects, and ex- periments, such as a supported work pro- gram, 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 organi- zation representing private employers, or a nonprofit organization providing services relating to workforce develop- ment; or (BB) an entity identified as an eligi- ble provider of training services under section 122(d) of the Workforce Innova- tion and Opportunity Act (29 U.S.C. 3152(d)); (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 assist- ance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the abil- ity of the participants to obtain reg- ular employment; Page 1272 TITLE 7—AGRICULTURE § 2015 (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 author- ized to be appropriated by this chapter; (DD) would provide sufficient infor- mation, on request by the State agen- cy, for the State agency to determine that participants who are members of households participating in the supple- mental nutrition assistance program are fulfilling any applicable work re- quirement under this subsection or subsection (o); (EE) would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assist- ance program for future employment or work-related programs; and (FF) meets any other criteria estab- lished by the Secretary, on the condi- tion that the Secretary shall not es- tablish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and (cc) is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable. (II) INCLUSION.—The term ‘‘workforce partnership’’ includes a multistate pro- gram. (C) The State agency may provide that par- ticipation in an employment and training pro- gram may supplement or supplant other em- ployment-related requirements imposed on those subject to the program. (D)(i) Each State agency may exempt from any requirement for participation in any pro- gram 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 cat- egory designated as exempt under clause (i). (iii) Any exemption of a category or indi- vidual under this subparagraph shall be peri- odically 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 re- quired to participate. (ii) VARIATION.—The requirements under clause (i) may vary among participants. (iii) APPLICATION TO WORKFORCE PARTNER- SHIPS.—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) The total hours of work in an employ- ment 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 section 2029 of this title, 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 [29 U.S.C. 206(a)(1)]. (ii) The total hours of participation in such program required of any member of a house- hold, individually, in any month, together with any hours worked in another program carried out under section 2029 of this title and any hours worked for compensation (in cash or in kind) in any other capacity, shall not ex- ceed 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 de- scribed in clauses (i) and (ii). (G) The State agency may operate any pro- gram component under this paragraph in which individuals elect to participate. (H) Federal funds made available to a State agency for purposes of the component author- ized 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 pay- ments or reimbursements to participants in programs carried out under this paragraph, in- cluding individuals participating under sub- paragraph (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) 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 Secu- rity Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or edu- cation program under title IV of such Act [42 U.S.C. 601 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 serv- ices provided for or arranged under clause (ii), Page 1273 TITLE 7—AGRICULTURE § 2015 or any amount received as a payment or reim- bursement under clause (i), shall— (I) not be treated as income for the pur- poses of any other Federal or federally as- sisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-re- lated expense for the purposes of the credit provided under section 21 of title 26. (J) The Secretary shall promulgate guide- lines 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.—Notwith- standing any other provision of this para- graph, 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 (42 U.S.C. 601 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 (42 U.S.C. 601 et seq.). (L) The Secretary shall ensure that State agencies comply with the requirements of this paragraph and section 2020(e)(19) of this title. (M) The facilities of the State public em- ployment offices and other State agencies and providers carrying out activities under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 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 re- quire that the program submit to the Sec- retary or State agency sufficient informa- tion that describes— (I) the services and activities of the pro- gram 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 serv- ices and activities described in subclause (I) that would directly enhance the em- ployability or job readiness of the partici- pant. (ii) SUPPLEMENT, NOT SUPPLANT.—A State agency may use a workforce partnership to supplement, not to supplant, the employ- ment and training program of the State agency. (iii) PARTICIPATION.—A State agency— (I) shall— (aa) maintain a list of workforce part- nerships certified under subparagraph (B)(ii)(I)(bb); and (bb) not less frequently than at certifi- cation and recertification, provide to a household member subject to work re- quirements under subsection (d)(1) or subsection (o), electronically or by other means, the list described in item (aa); but (II) may not require any member of a household participating in the supple- mental nutrition assistance program to participate in a workforce partnership. (iv) EFFECT.— (I) IN GENERAL.—A workforce partnership shall not replace the employment or train- ing of an individual not participating in the workforce partnership. (II) SELECTION.—Nothing in this sub- section or subsection (o) affects the cri- teria or screening process for selecting participants by a workforce partnership. (v) LIMITATION ON REPORTING REQUIRE- MENTS.—In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting require- ments of a workforce partnership to— (I) on notification that an individual is receiving supplemental nutrition assist- ance program benefits, notifying the appli- cable State agency that the individual is participating in the workforce partner- ship; (II) identifying participants who have completed or are no longer participating in the workforce partnership; (III) identifying changes to the work- force partnership that result in the work- force partnership no longer meeting the certification requirements of the Sec- retary or the State agency under subpara- graph (B)(ii)(I)(bb); and (IV) providing sufficient information, on request by the State agency, for the State agency to verify that a participant is ful- filling any applicable work requirements under this subsection or subsection (o). (O) REFERRAL OF CERTAIN INDIVIDUALS.— (i) IN GENERAL.—In accordance with such regulations as may be issued by the Sec- retary, with respect to any individual who is not eligible for an exemption under para- graph (2) and who is determined by the oper- ator of an employment and training program component to be ill-suited to participate in that employment and training program com- ponent, the State agency shall— (I) refer the individual to an appropriate employment and training program compo- nent; (II) refer the individual to an appropriate workforce partnership, if available; (III) reassess the physical and mental fit- ness 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 indi- Page 1274 TITLE 7—AGRICULTURE § 2015 vidual 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 supple- mental 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 in- dividual is enrolled at least half-time in an in- stitution of higher education, unless the indi- vidual— (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) a program under title I of the Work- force Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]; (B) an employment and training program under this section, subject to the condition that the course or program of study— (i) is part of a program of career and technical education (as defined in section 2302 of title 20) that may be completed in not more than 4 years at an institution of higher education (as defined in section 1002 of title 20); or (ii) is limited to remedial courses, basic adult education, literacy, or English as a second language; (C) a program under section 2296 of title 19; or (D) another program for the purpose of em- ployment and training operated by a State or local government, as determined to be ap- propriate 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 reg- ular 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 indi- vidual to attend class and satisfy the re- quirements of paragraph (4); (6) is receiving benefits under a State pro- gram funded under part A of title IV of the So- cial Security Act (42 U.S.C. 601 et seq.); (7) is so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act [42 U.S.C. 601 et seq.] or its successor programs; or (8) is enrolled full-time in an institution of higher education, as determined by the insti- tution, and is a single parent with responsi- bility for the care of a dependent child under age 12. (f) Aliens No individual who is a member of a household otherwise eligible to participate in the supple- mental 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 unless he or she is (1) a resident of the United States and (2) either (A) a citizen or (B) an alien law- fully 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; or (C) an alien who entered the United States prior to June 30, 1948, or such sub- sequent date as is enacted by law, has continu- ously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney Gen- eral pursuant to section 1259 of title 8; or (D) an alien who has qualified for conditional entry pursuant to sections 1157 and 1158 of title 8; or (E) an alien who is lawfully present in the United States as a result of an exercise of dis- cretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8; or (F) an alien within the United States as to whom the Attorney General has withheld depor- tation pursuant to section 1231(b)(3) of title 8. No aliens other than the ones specifically de- scribed in clauses (B) through (F) of this sub- section shall be eligible to participate in the supplemental nutrition assistance program as a member of any household. The income (less, at State option, a pro rata share) and financial re- sources of the individual rendered ineligible to participate in the supplemental nutrition assist- ance program under this subsection shall be con- sidered 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 sup- plementary payments No individual who receives supplemental secu- rity income benefits under title XVI of the So- cial Security Act [42 U.S.C. 1381 et seq.], State supplementary payments described in section 1616 of such Act [42 U.S.C. 1382e], or payments of the type referred to in section 212(a) of Public Law 93–66, 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 [42 U.S.C. 1382e(a)] and sec- tion 212(a) of Public Law 93–66, and (2) the level of which has been found by the Commissioner of Social Security to have been specifically in- creased 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 assist- ance 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. Page 1275 TITLE 7—AGRICULTURE § 2015 (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 supple- mental nutrition assistance program. (2) Rules and procedures If a disqualification is imposed under para- graph (1) for a failure of an individual to per- form an action required under part A of title IV of the Social Security Act (42 U.S.C. 601 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 ap- plicant, except that a prior disqualification under subsection (d) shall be considered in de- termining eligibility. (j) Disqualification for receipt of multiple bene- fits An individual shall be ineligible to participate in the supplemental nutrition assistance pro- gram as a member of any household for a 10-year period if the individual is found by a State agen- cy to have made, or is convicted in a Federal or State court of having made, a fraudulent state- ment or representation with respect to the iden- tity or place of residence of the individual in order to receive multiple benefits simulta- neously under the supplemental nutrition as- sistance program. (k) Disqualification of fleeing felons (1) In general No member of a household who is otherwise eligible to participate in the supplemental nu- trition 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 cus- tody or confinement after conviction, under the law of the place from which the indi- vidual 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 ‘‘ac- tively seeking’’ for purposes of this sub- section; and (B) ensure that State agencies use con- sistent procedures established by the Sec- retary that disqualify individuals whom law enforcement authorities are actively seeking for the purpose of holding criminal pro- ceedings against the individual. (l) Custodial parent’s cooperation with child sup- port agencies (1) In general At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively re- ferred to in this subsection as ‘‘the indi- vidual’’) who is living with and exercising pa- rental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the supplemental nutrition as- sistance program unless the individual cooper- ates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 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 indi- vidual if good cause is found for refusing to co- operate, 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 Paragraph (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 (42 U.S.C. 651 et seq.). (m) Noncustodial parent’s cooperation with child support agencies (1) In general At 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 indi- vidual’’) shall not be eligible to participate in the supplemental nutrition assistance pro- gram if the individual refuses to cooperate with the State agency administering the pro- gram established under part D of title IV of the Social Security Act (42 U.S.C. 651 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 subpara- Page 1276 TITLE 7—AGRICULTURE § 2015 graph (A), for determining whether an indi- vidual is refusing to cooperate under para- graph (1). (3) Fees Paragraph (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 (42 U.S.C. 651 et seq.). (4) Privacy The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program es- tablished under part D of title IV of the Social Security Act (42 U.S.C. 651 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 indi- vidual 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 pay- ment 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) the individual is complying with a pay- ment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the indi- vidual. (o) Work requirement (1) ‘‘Work program’’ defined In this subsection, the term ‘‘work program’’ means— (A) a program under title I of the Work- force Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]; (B) a program under section 2296 of title 19; (C) a program of employment and training operated or supervised by a State or polit- ical subdivision of a State that meets stand- ards 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 Af- fairs, and approved by the Secretary; and (E) a workforce partnership under sub- section (d)(4)(N). (2) Work requirement Subject to the other provisions of this sub- section, no individual shall be eligible to par- ticipate in the supplemental nutrition assist- ance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition as- sistance 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, aver- aged monthly; (B) participate in and comply with the re- quirements of a work program for 20 hours or more per week, as determined by the State agency; (C) participate in and comply with the re- quirements of a program under section 2029 of this title or a comparable program estab- lished by a State or political subdivision of a State; or (D) receive benefits pursuant to paragraph (3), (4), (5), or (6). (3) Exception Paragraph (2) shall not apply to an indi- vidual if the individual is— (A)(i) under 18 years of age; or (ii) in— (I) fiscal year 2023 over 51 years of age; (II) fiscal year 2024 over 53 years of age; (III) fiscal year 2025 and each fiscal year thereafter over 55 years of age; (B) medically certified as physically or mentally unfit for employment; (C) a parent or other member of a house- hold with responsibility for a dependent child; (D) otherwise exempt under subsection (d)(2); (E) a pregnant woman; (F) a homeless individual; (G) a veteran; or (H) an individual who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age or such higher age as the State has elected under section 475(8)(B)(iii) of the Social Security Act (42 U.S.C. 675(8)(B)(iii)). (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 ap- plicability 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) does not have a sufficient number of jobs to provide employment for the indi- viduals. (B) Report The Secretary shall report the basis for a waiver under subparagraph (A) to the Com- mittee on Agriculture of the House of Rep- resentatives and the Committee on Agri- culture, Nutrition, and Forestry of the Sen- ate. (5) Subsequent eligibility (A) Regaining eligibility An individual denied eligibility under paragraph (2) shall regain eligibility to par- ticipate in the supplemental nutrition as- sistance 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 Page 1277 TITLE 7—AGRICULTURE § 2015 1 So in original. Probably should be followed by a period. 2 So in original. more hours, as determined by a State agency; or (iii) participates in and complies with the requirements of a program under sec- tion 2029 of this title or a comparable pro- gram 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 require- ments 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 re- main eligible for a consecutive 3-month pe- riod, beginning on the date the individual first notifies the State agency that the in- dividual no longer meets the requirements of subparagraph (A), (B), or (C) of para- graph (2). (ii) Limitation An individual shall not receive any bene- fits pursuant to clause (i) for more than a single 3-month period in any 36-month pe- riod. (6) Exemptions (A) Definitions In this paragraph: (i) Caseload The term ‘‘caseload’’ means the average monthly number of individuals receiving supplemental nutrition assistance pro- gram 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 sup- plemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance pro- gram 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 subpara- graph (A), (B), or (C) of paragraph (2); (IV) is not receiving supplemental nu- trition assistance program benefits dur- ing the 3 months of eligibility provided under paragraph (2); and (V) is not receiving supplemental nu- trition 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 Subject to subparagraphs (G) and (I), for fiscal year 1998, a State agency may provide a number of exemptions such that the aver- age monthly number of the exemptions in ef- fect 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 con- ducted to carry out section 2025(c) of this title for fiscal year 1996 and such other fac- tors as the Secretary considers appropriate due to the timing and limitations of the sur- vey. (D) Fiscal years 1999 through 2019 Subject to subparagraphs (G) through (I), for fiscal year 1999 and each subsequent fis- cal 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 num- ber of covered individuals in the State, as es- timated by the Secretary under subpara- graph (C), adjusted by the Secretary to re- flect changes in the State’s caseload and the Secretary’s estimate of changes in the pro- portion of members of households that re- ceive supplemental nutrition assistance pro- gram 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 fis- cal 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 esti- mated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Sec- retary’s estimate of changes in the propor- tion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4). (F) Subsequent fiscal years Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fis- cal year, a State agency may provide a num- ber of exemptions such that the average monthly number of exemptions in effect dur- ing 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 assist- ance program benefits covered by waivers granted under paragraph (4) 1 (G) Caseload adjustments The Secretary shall adjust the number of individuals estimated for a State under sub- paragraph (C), (D),,2 (E) or (F) during a fiscal Page 1278 TITLE 7—AGRICULTURE § 2015 3 So in original. Probably should be preceded by ‘‘section’’. year if the number of members of households that receive supplemental nutrition assist- ance 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 subse- quent fiscal year, the Secretary shall in- crease or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the ex- tent that the average monthly number of ex- emptions in effect in the State for the pre- ceding 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 deter- mines are necessary to ensure compliance with this paragraph. (J) Rule of construction for exemption ad- justment During fiscal year 2024 and each subse- quent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be pro- vided beyond the subsequent fiscal year. (7) Other program rules Nothing in this subsection shall make an in- dividual eligible for benefits under this chap- ter if the individual is not otherwise eligible for benefits under the other provisions of this chapter. (p) Disqualification for obtaining cash by de- stroying 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 agen- cy in a hearing under subsection (b) to have in- tentionally obtained cash by purchasing prod- ucts with supplemental nutrition assistance pro- gram benefits that have containers that require return deposits, discarding the product, and re- turning 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 pro- gram benefits Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agen- cy in a hearing under subsection (b) to have in- tentionally sold any food that was purchased using supplemental nutrition assistance pro- gram 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 bene- fits under this chapter if— (A) the individual is convicted of— (i) aggravated sexual abuse under section 2241 of title 18; (ii) murder under section 1111 of title 18; (iii) an offense under chapter 110 of title 18; (iv) a Federal or State offense involving sexual assault, as defined in 13925(a) 3 of title 42; or (v) an offense under State law deter- mined by the Attorney General to be sub- stantially 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 indi- vidual 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 consid- ering the individual to whom paragraph (1) ap- plies not to be a member of the household, ex- cept that the income and resources of the indi- vidual shall be considered to be income and re- sources of the household. (3) Enforcement Each State shall require each individual ap- plying for benefits under this chapter to attest to whether the individual, or any member of the household of the individual, has been con- victed of a crime described in paragraph (1). (s) Ineligibility for benefits due to receipt of sub- stantial 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 eligi- bility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial re- sources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 2014 of this title. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities re- sponsible for the regulation or sponsorship of gaming in the State to determine whether in- dividuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. (Pub. L. 88–525, § 6, Aug. 31, 1964, 78 Stat. 704; Pub. L. 94–339, § 3, July 5, 1976, 90 Stat. 800; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 964; Pub. L. 96–58, §§ 5, 9, Aug. 14, 1979, 93 Stat. 391, 392; Pub. L. 96–249, title I, §§ 109, 110, 114, 115, 139, 140, May 26, 1980, 94 Stat. 359, 361, 370; Pub. L. 97–35, title I, §§ 108(b), (c), 109, 112, Aug. 13, 1981, 95 Stat. 361, 362; Pub. L. 97–98, title XIII, Page 1279 TITLE 7—AGRICULTURE § 2015 §§ 1310, 1311, Dec. 22, 1981, 95 Stat. 1284, 1285; Pub. L. 97–253, title I, §§ 145(e), 154–161, 189(b)(1), 190(a), (b), Sept. 8, 1982, 96 Stat. 774, 777, 778, 787; Pub. L. 98–204, §§ 5, 6, Dec. 2, 1983, 97 Stat. 1385, 1386; Pub. L. 99–198, title XV, §§ 1513(b), 1516, 1517(a), Dec. 23, 1985, 99 Stat. 1571–1573; Pub. L. 100–435, title II, § 202(b), (c), title IV, § 404(a)–(d), Sept. 19, 1988, 102 Stat. 1656, 1665–1667; Pub. L. 101–624, title XVII, §§ 1723–1726(b)(1), (c), (d), 1727, Nov. 28, 1990, 104 Stat. 3786–3788; Pub. L. 102–237, title IX, §§ 907, 941(3), Dec. 13, 1991, 105 Stat. 1885, 1892; Pub. L. 103–66, title XIII, §§ 13922(b), 13942, Aug. 10, 1993, 107 Stat. 675, 677; Pub. L. 103–225, title I, §§ 101(a), 104(b), Mar. 25, 1994, 108 Stat. 106, 107; Pub. L. 103–296, title I, § 108(f)(1), (2), Aug. 15, 1994, 108 Stat. 1486, 1487; Pub. L. 104–193, title I, § 109(b), title VIII, §§ 813–815(a), 816, 817(a), 818, 819(a), (c), 820–824(a), Aug. 22, 1996, 110 Stat. 2169, 2314, 2315, 2318, 2320–2323; Pub. L. 104–208, div. C, title III, § 308(g)(7)(D)(i), Sept. 30, 1996, 110 Stat. 3009–624; Pub. L. 105–33, title I, § 1001, Aug. 5, 1997, 111 Stat. 251; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(2)(B), (f)(2)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–418, 2681–429; Pub. L. 107–171, title IV, §§ 4109, 4115(b)(2), 4121(c), May 13, 2002, 116 Stat. 309, 315, 324; Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, May 22, 2008, 122 Stat. 1092, 1101, 1102, 1106, 1114; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), 4131, June 18, 2008, 122 Stat. 1664, 1853, 1862–1864, 1868, 1875; Pub. L. 113–79, title IV, §§ 4007, 4008(a), 4009(a), 4030(d), Feb. 7, 2014, 128 Stat. 787–789, 814; Pub. L. 113–128, title V, § 512(l)(2), July 22, 2014, 128 Stat. 1709; Pub. L. 115–334, title IV, § 4005(a), (b), Dec. 20, 2018, 132 Stat. 4627–4631; Pub. L. 118–5, div. C, title II, §§ 311(a), 312, June 3, 2023, 137 Stat. 36, 37.) TERMINATION OF AMENDMENT For termination of amendment by section 311(b)(2) of Pub. L. 118–5, see Effective and Ter- mination Dates of 2023 Amendment note below. Editorial Notes REFERENCES IN TEXT The 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), (l)(1), (3), (m), and (n)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, 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 clas- sification of this Act to the Code, see section 1305 of Title 42 and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), (4)(B)(ii)(I)(cc), (F)(i), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsecs. (d)(4)(M), (e)(3)(A), and (o)(1)(A), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete clas- sification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. Section 212(a) of Pub. L. 93–66, referred to in subsec. (g), is Pub. L. 93–66, title II, § 212(a), July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of Title 42, The Public Health and Welfare. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2023—Subsec. (o)(3)(A). Pub. L. 118–5, § 311(a)(1), (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. Subsec. (o)(3)(F) to (H). Pub. L. 118–5, § 311(a)(2)–(4), (b)(2), temporarily added subpars. (F) to (H). See Effec- tive and Termination Dates of 2023 Amendment note below. Subsec. (o)(6)(B). Pub. L. 118–5, § 312(5), substituted ‘‘through (I)’’ for ‘‘through (H)’’. Subsec. (o)(6)(C). Pub. L. 118–5, § 312(6), substituted ‘‘(G) and (I)’’ for ‘‘(F) and (H)’’. Subsec. (o)(6)(D). Pub. L. 118–5, § 312(7), substituted ‘‘(G) through (I)’’ for ‘‘(F) through (H)’’. Subsec. (o)(6)(E). Pub. L. 118–5, § 312(1), 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. Subsec. (o)(6)(F). Pub. L. 118–5, § 312(4), added subpar. (F). Former subpar. (F) redesignated (G). Pub. L. 118–5, § 312(2), substituted ‘‘, (E) or (F)’’ for ‘‘or (E)’’. Subsec. (o)(6)(G) to (I). Pub. L. 118–5, § 312(3), redesig- nated subpars. (F) to (H) as (G) to (I), respectively. Subsec. (o)(6)(J). Pub. L. 118–5, § 312(8), added subpar. (J). 2018—Subsec. (d)(4)(A)(i). Pub. L. 115–334, § 4005(a)(1)(A), 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 em- ployer 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.’’ Subsec. (d)(4)(A)(ii). Pub. L. 115–334, § 4005(a)(1)(B), in- serted ‘‘and implemented to meet the purposes of clause (i)’’ after ‘‘carried out under this paragraph’’. Subsec. (d)(4)(B). Pub. L. 115–334, § 4005(a)(2)(A)–(C), (E)–(I), inserted subpar. (B) heading, substituted ‘‘In this chapter:’’ for ‘‘For purposes of this chapter, an’’ in introductory provisions, inserted ‘‘(i) EMPLOYMENT AND TRAINING PROGRAM.—The term’’ before ‘‘ ‘employment and training program’ ’’, and, in cl. (i) as so designated, inserted ‘‘case management services such as com- prehensive intake assessments, individualized service plans, progress monitoring, or coordination with serv- ice providers and’’ before ‘‘one or more’’ and sub- stituted ‘‘this clause’’ for ‘‘this subparagraph’’ in intro- ductory 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 employ- ability’’ in subcl. (II), inserted ‘‘, including subsidized employment and apprenticeships’’ after ‘‘public or pri- vate 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), in- serted ‘‘not less than 30 days but’’ before ‘‘not more than 90 days’’ in subcl. (VII), and added subcl. (VIII). Page 1280 TITLE 7—AGRICULTURE § 2015 Subsec. (d)(4)(B)(i)(I). Pub. L. 115–334, § 4005(a)(2)(D), added subcl. (I) and struck out former subcl. (I) which read as follows: ‘‘Job search programs.’’ Subsec. (d)(4)(B)(ii). Pub. L. 115–334, § 4005(a)(2)(J), added cl. (ii). Former cl. (ii) redesignated cl. (i)(II) of subsec. (d)(4)(B). Subsec. (d)(4)(E). Pub. L. 115–334, § 4005(a)(3), inserted subpar. heading, designated first and second sentences as cls. (i) and (ii), respectively, and inserted cl. head- ings, substituted ‘‘The requirements under clause (i)’’ for ‘‘Such requirements’’ in cl. (ii), and added cl. (iii). Subsec. (d)(4)(H). Pub. L. 115–334, § 4005(a)(4), sub- stituted ‘‘subparagraph (B)(i)(V)’’ for ‘‘subparagraph (B)(v)’’. Subsec. (d)(4)(N), (O). Pub. L. 115–334, § 4005(a)(5), added subpars. (N) and (O). Subsec. (o)(1)(C) to (E). Pub. L. 115–334, § 4005(b)(1), in subpar. (C), substituted ‘‘supervised job search program or job search training program’’ for ‘‘job search pro- gram or a job search training program’’, and added sub- pars. (D) and (E). Subsec. (o)(4)(A). Pub. L. 115–334, § 4005(b)(2), inserted ‘‘and with the support of the chief executive officer of the State’’ after ‘‘request of a State agency’’. Subsec. (o)(6). Pub. L. 115–334, § 4005(b)(3)(A), sub- stituted ‘‘Exemptions’’ for ‘‘15-percent exemption’’ in heading. Subsec. (o)(6)(B). Pub. L. 115–334, § 4005(b)(3)(B), sub- stituted ‘‘subparagraphs (C) through (H)’’ for ‘‘subpara- graphs (C) through (G)’’. Subsec. (o)(6)(C). Pub. L. 115–334, § 4005(b)(3)(C), sub- stituted ‘‘subparagraphs (F) and (H)’’ for ‘‘subpara- graphs (E) and (G)’’. Subsec. (o)(6)(D). Pub. L. 115–334, § 4005(b)(3)(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’’. Subsec. (o)(6)(E). Pub. L. 115–334, § 4005(b)(3)(G), added subpar. (E). Former subpar. (E) redesignated (F). Pub. L. 115–334, § 4005(b)(3)(E), substituted ‘‘subpara- graph (C), (D), or (E)’’ for ‘‘subparagraph (C) or (D)’’. Subsec. (o)(6)(F) to (H). Pub. L. 115–334, § 4005(b)(3)(F), redesignated subpars. (E) to (G) as (F) to (H), respec- tively. 2014—Subsec. (d)(4)(B)(vii), (F)(iii). Pub. L. 113–79, § 4030(d), realigned margins. Subsec. (d)(4)(M). Pub. L. 113–128, § 512(l)(2)(A), sub- stituted ‘‘activities under title I of the Workforce Inno- vation and Opportunity Act’’ for ‘‘activities under title I of the Workforce Investment Act of 1998’’. Subsec. (e)(3)(A). Pub. L. 113–128, § 512(l)(2)(B), sub- stituted ‘‘a program under title I of the Workforce In- novation and Opportunity Act’’ for ‘‘a program under title I of the Workforce Investment Act of 1998’’. Subsec. (e)(3)(B). Pub. L. 113–79, § 4007, substituted ‘‘section, subject to the condition that the course or program of study—’’ for ‘‘section;’’ and added cls. (i) and (ii). Subsec. (o)(1)(A). Pub. L. 113–128, § 512(l)(2)(C), sub- stituted ‘‘a program under title I of the Workforce In- novation and Opportunity Act’’ for ‘‘a program under the title I of the Workforce Investment Act of 1998’’. Subsec. (r). Pub. L. 113–79, § 4008(a), added subsec. (r). Subsec. (s). Pub. L. 113–79, § 4009(a), added subsec. (s). 2008—Subsec. (a). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (b)(1)(B). Pub. L. 110–246, § 4115(b)(4)(A), in in- troductory provisions, substituted ‘‘program benefits’’ for ‘‘coupons or authorization cards’’ and, in cls. (ii) and (iii), substituted ‘‘benefits’’ for ‘‘coupons’’ wher- ever appearing. Subsec. (c). Pub. L. 110–246, § 4001(b), substituted ‘‘sup- plemental nutrition assistance program’’ for ‘‘food stamp program’’ in introductory provisions. Subsec. (c)(1)(A). Pub. L. 110–246, § 4105, in introduc- tory 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’’. Subsec. (d)(1), (2). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing. Subsec. (d)(3). Pub. L. 110–246, § 4002(a)(3)(A), struck out ‘‘for food stamps’’ after ‘‘eligible’’. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’ in two places. Subsec. (d)(4)(A)(i). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (d)(4)(B)(vii), (viii). Pub. L. 110–246, § 4108(1), added cl. (vii) and redesignated former cl. (vii) as (viii). Subsec. (d)(4)(F)(iii). Pub. L. 110–246, § 4108(2), added cl. (iii). Subsec. (d)(4)(L). Pub. L. 110–246, § 4115(b)(4)(B), sub- stituted ‘‘section 2020(e)(19)’’ for ‘‘section 2020(e)(22)’’. Subsecs. (e), (f), (h), (i). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing. Subsec. (j). Pub. L. 110–246, § 4002(a)(3)(B), struck out ‘‘food stamp’’ before ‘‘benefits’’ in heading. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’ in two places. Subsec. (k). Pub. L. 110–246, § 4112, 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 pro- gram’’ in introductory provisions. Subsecs. (l) to (n). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (o)(2). Pub. L. 110–246, § 4002(a)(3)(C)(i), sub- stituted ‘‘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 pro- gram’’ in introductory provisions. Subsec. (o)(5)(A). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ in introductory provisions. Subsec. (o)(6)(A)(i), (ii). Pub. L. 110–246, § 4002(a)(3)(C)(ii)(I), 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 assist- ance program benefits’’ for ‘‘a food stamp recipient’’ in introductory provisions and ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’ wherever appearing. Subsec. (o)(6)(D), (E). Pub. L. 110–246, § 4002(a)(3)(C)(ii)(II), substituted ‘‘members of house- holds that receive supplemental nutrition assistance program benefits’’ for ‘‘food stamp recipients’’. Subsecs. (p), (q). Pub. L. 110–246, § 4131, added subsecs. (p) and (q). 2002—Subsec. (c). Pub. L. 107–171, § 4115(b)(2), sub- stituted ‘‘Except in a case in which a household is re- ceiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household’’ for ‘‘No household’’ in introductory provi- sions. Subsec. (c)(1)(B). Pub. L. 107–171, § 4109(1), struck out ‘‘on a monthly basis’’ after ‘‘periodic reports’’. Subsec. (c)(1)(D). Pub. L. 107–171, § 4109(2), added sub- par. (D). Subsec. (d)(4)(I)(i)(I). Pub. L. 107–171, § 4121(c), struck out ‘‘, except that the State agency may limit such re- imbursement to each participant to $25 per month’’ be- fore semicolon. 1998—Subsec. (d)(4)(M). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(i)], struck out ‘‘the State public em- Page 1281 TITLE 7—AGRICULTURE § 2015 ployment 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 of- fices 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 Train- ing Partnership Act’’. Subsec. (e)(3)(A). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(ii)], 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)], added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘a program under the Job Train- ing Partnership Act (29 U.S.C. 1501 et seq.);’’. Subsec. (o)(1)(A). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(2)(B)(iii)], struck out ‘‘Job Training Partnership Act or’’ before ‘‘title I’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(2)(B)(iii)], substituted ‘‘Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’ for ‘‘Job Train- ing Partnership Act (29 U.S.C. 1501 et seq.)’’ 1997—Subsec. (o)(2)(D). Pub. L. 105–33, § 1001(1), sub- stituted ‘‘(5), or (6)’’ for ‘‘or (5)’’. Subsec. (o)(6), (7). Pub. L. 105–33, § 1001(2), (3), added par. (6) and redesignated former par. (6) as (7). 1996—Subsec. (b)(1)(i). Pub. L. 104–193, § 813(1), sub- stituted ‘‘1 year’’ for ‘‘six months’’. Subsec. (b)(1)(ii). Pub. L. 104–193, § 813(2), substituted ‘‘2 years’’ for ‘‘1 year’’. Subsec. (b)(1)(iii)(IV). Pub. L. 104–193, § 814, added subcl. (IV). Subsec. (c)(5). Pub. L. 104–193, § 109(b)(1), substituted ‘‘the State program funded’’ for ‘‘the State plan ap- proved’’. Subsec. (d). Pub. L. 104–193, § 815(a), inserted subsec. heading. Subsec. (d)(1). Pub. L. 104–193, § 815(a), added par. (1) and struck out former par. (1) which related to ineligi- bility in case of refusal of person or head of household to register for or accept employment. Subsec. (d)(2). Pub. L. 104–193, §§ 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 spec- ified in subparagraph (B) and had the waiver denied by the Secretary as of August 1, 1996, 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.’’ Subsec. (d)(4). Pub. L. 104–193, § 817(a)(1), inserted par. heading. Subsec. (d)(4)(A). Pub. L. 104–193, § 817(a)(1), (2), in- serted subpar. heading, designated existing provisions as cl. (i), inserted heading, substituted ‘‘Each State’’ for ‘‘Not later than April 1, 1987, each State’’, inserted ‘‘work,’’ after ‘‘skills, training,’’, and added cl. (ii). Subsec. (d)(4)(B). Pub. L. 104–193, § 817(a)(3), in intro- ductory provisions, inserted before colon ‘‘, except that the State agency shall retain the option to apply em- ployment requirements prescribed under this subpara- graph to a program applicant at the time of applica- tion’’, 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 protec- tion, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care; ‘‘(II) to the extent possible, use the prior training, ex- perience, and skills of the participating member in making appropriate employment or training experience assignments;’’. Subsec. (d)(4)(D). Pub. L. 104–193, § 817(a)(4), in cl. (i), struck out ‘‘to which the application of such participa- tion 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 deter- mination, 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 house- holds 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 participa- tion is impracticable because of personal circumstances such as lack of job readiness and employability, the re- mote location of work opportunities, and unavail- ability 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 deter- mination under clause (i) or (ii), the exemption con- tinues to be valid. Such evaluations shall occur no less often than at each certification or recertification in the case of exemptions under clause (ii)’’. Subsec. (d)(4)(E). Pub. L. 104–193, § 817(a)(5), struck out at end ‘‘Through September 30, 1995, two States may, on application to and after approval by the Sec- retary, give priority in the provision of services to vol- untary participants (including both exempt and non-ex- empt 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, ap- prove 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.’’ Subsec. (d)(4)(G). Pub. L. 104–193, § 817(a)(6), struck out ‘‘(i)’’ after ‘‘(G)’’ and struck out cl. (ii) which read as follows: ‘‘The State agency shall permit, to the ex- tent 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.’’ Subsec. (d)(4)(H). Pub. L. 104–193, § 817(a)(7), struck out ‘‘(ii)’’ before ‘‘Federal funds’’ and struck out cl. (i) which read as follows: ‘‘The Secretary shall issue regu- lations under which each State agency shall establish a conciliation procedure for the resolution of disputes involving the participation of an individual in the pro- gram.’’ Subsec. (d)(4)(I)(i)(II). Pub. L. 104–193, § 817(a)(8), sub- stituted ‘‘), except that no such payment or reimburse- ment shall exceed the applicable local market rate’’ for ‘‘, or was in operation, on September 19, 1988) up to any limit set by the State agency (which limit shall not be less than the limit for the dependent care deduction under section 2014(e) of this title), but in no event shall such payment or reimbursements exceed the applicable local market rate as determined by procedures con- sistent with any such determination under the Social Security Act’’. Subsec. (d)(4)(K). Pub. L. 104–193, § 817(a)(9)(A), added subpar. (K) and struck out former subpar. (K) which au- thorized 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 min- imum 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. Page 1282 TITLE 7—AGRICULTURE § 2015 Subsec. (d)(4)(L). Pub. L. 104–193, § 817(a)(10), 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 ac- cordance with section 2025(a), (c), and (h) of this title, such funds as the Secretary determines to be appro- priate, subject to administrative and judicial review under section 2023 of this title.’’ 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 pro- grams that were based on employment outcomes, in- cluding increases in earnings. Subsec. (d)(4)(M), (N). Pub. L. 104–193, § 817(a)(9)(B), re- designated subpars. (M) and (N) as (L) and (M), respec- tively. Subsec. (e)(6). Pub. L. 104–193, § 109(b)(2), substituted ‘‘benefits under a State program funded’’ for ‘‘aid to families with dependent children’’. Subsec. (f). Pub. L. 104–193, § 818, in last sentence, in- serted ‘‘, at State option,’’ after ‘‘(less’’. Subsec. (f)(2)(F). Pub. L. 104–208 substituted ‘‘1231(b)(3)’’ for ‘‘1253(h)’’. Subsec. (i). Pub. L. 104–193, § 819(a), added subsec. (i). Subsec. (j). Pub. L. 104–193, § 820, added subsec. (j). Subsec. (k). Pub. L. 104–193, § 821, added subsec. (k). Subsecs. (l), (m). Pub. L. 104–193, § 822, added subsecs. (l) and (m). Subsec. (n). Pub. L. 104–193, § 823, added subsec. (n). Subsec. (o). Pub. L. 104–193, § 824(a), added subsec. (o). 1994—Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 103–225, § 101(a)(1), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii) which read ‘‘households residing on a reservation;’’. Subsec. (c)(1)(C). Pub. L. 103–225, § 101(a)(2), added sub- par. (C). Subsec. (c)(3). Pub. L. 103–296, § 108(f)(1), inserted ‘‘the Commissioner of Social Security and’’ before ‘‘the Sec- retary of Health and Human Services’’. Subsec. (c)(4). Pub. L. 103–225, § 104(b), substituted ‘‘Except as provided in paragraph (1)(C), any’’ for ‘‘Any’’. Subsec. (g). Pub. L. 103–296, § 108(f)(2), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’. 1993—Subsec. (b)(1)(ii), (iii). Pub. L. 103–66, § 13942, 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.’’ Subsec. (d)(4)(I)(i)(II). Pub. L. 103–66, § 13922(b), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: ‘‘the actual costs of such de- pendent care expenses that are determined by the State agency to be necessary for the participation of an indi- vidual in the program (other than an individual who is the caretaker relative of a dependent in a family re- ceiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 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 September 19, 1988), but in no event shall such pay- ment or reimbursements exceed $160 per dependent per month. Individuals subject to the program under this paragraph may not be required to participate if depend- ent care costs exceed $160 per dependent per month.’’ 1991—Subsec. (c)(1)(A)(ii). Pub. L. 102–237, § 941(3)(A), realigned margin. Subsec. (d)(1)(A). Pub. L. 102–237, § 941(3)(B), sub- stituted ‘‘who is a physically’’ for ‘‘who is physically’’, ‘‘Secretary; (ii) refuses’’ for ‘‘Secretary; (ii) refuses’’ re- quiring no change in text, and ‘‘two months; or (iii) re- fuses’’ for ‘‘two months; (iii) refuses’’. Subsec. (d)(4)(B)(vii). Pub. L. 102–237, § 941(3)(C), sub- stituted ‘‘Secretary,’’ for ‘‘Secretary,,’’ and ‘‘aimed at’’ for ‘‘aimed an’’. Subsec. (d)(4)(D)(iii). Pub. L. 102–237, § 941(3)(D), sub- stituted ‘‘clause (i) or (ii)’’ for ‘‘clauses (i) or (ii)’’. Subsec. (d)(4)(I)(i)(II). Pub. L. 102–237, § 941(3)(E), sub- stituted ‘‘601 et seq.)’’ for ‘‘601 et seq.))’’ and ‘‘), but in’’ for ‘‘, but in’’. Subsec. (d)(4)(K)(i). Pub. L. 102–237, § 907(b), sub- stituted ‘‘10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995’’ for ‘‘50 percent through September 30, 1989’’ and inserted at end ‘‘The Secretary shall not require the plan of a State agency to provide for the participation of a number of recipi- ents 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 sub- paragraph (D).’’ Subsec. (d)(4)(L). Pub. L. 102–237, § 907(a), 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 appro- priate designated State officials, which standards were to be coordinated with the corresponding standards under the Job Training Partnership Act and the per- formance standards under title IV of the Social Secu- rity 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 Oct. 1, 1991, and directing the Office of Technology Assessment, not later than 180 days after the Secretary publishes proposed measures for performance stand- ards, to develop model performance standards, compare these standards with the Secretary, and report the re- sult of such comparison to the Speaker of the House of Representatives, President pro tempore of the Senate, and Secretary of Agriculture. 1990—Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 101–624, § 1723, added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. Subsec. (c)(2)(C). Pub. L. 101–624, § 1724(1), substituted ‘‘State agency designed forms’’ for ‘‘forms approved by the Secretary’’. Subsec. (c)(3). Pub. L. 101–624, § 1724(2), substituted ‘‘they contain the information relevant to eligibility and benefit determinations that is specified by the State agency’’ for ‘‘, in accordance with standards pre- scribed by the Secretary, they contain sufficient infor- mation to enable the State agency to determine house- hold eligibility and allotment levels’’. Subsec. (d)(1). Pub. L. 101–624, § 1725, inserted after first sentence ‘‘The State agency shall allow the house- hold to select an adult parent of children in the house- hold as its head where all adult household members making application agree to the selection. The house- hold may designate its head of household under this paragraph each time the household is certified for par- ticipation 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.’’ Subsec. (d)(4)(B)(v). Pub. L. 101–624, § 1726(a), inserted ‘‘and literacy,’’ after ‘‘basic skills’’. Subsec. (d)(4)(B)(vi), (vii). Pub. L. 101–624, § 1726(b)(1), added cl. (vi) and redesignated former cl. (vi) as (vii). Subsec. (d)(4)(E). Pub. L. 101–624, § 1726(c), inserted at end ‘‘Through September 30, 1995, two States may, on application to and after approval by the Secretary, give priority in the provision of services to voluntary par- ticipants (including both exempt and non-exempt par- ticipants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Sec- retary may, at the Secretary’s discretion, approve addi- tional States’ requests to give such priority if the Sec- retary reports to Congress on the number and charac- teristics of voluntary participants given priority under this sentence and such other information as the Sec- retary determines to be appropriate.’’ Subsec. (d)(4)(L)(iii). Pub. L. 101–624, § 1726(d), sub- stituted ‘‘October’’ for ‘‘April’’. Page 1283 TITLE 7—AGRICULTURE § 2015 Subsec. (e). Pub. L. 101–624, § 1727, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘No individual who is a member of a household otherwise eligible to participate in the food stamp pro- gram 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 men- tally 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 as- signed 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 fi- nanced 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 (42 U.S.C. 601 et seq.); or (E) is not so enrolled as a result of par- ticipation in the work incentive program under title IV of the Social Security Act, as amended (42 U.S.C. 602).’’ 1988—Subsec. (c)(1). Pub. L. 100–435, § 202(b), sub- stituted subpars. (A) and (B) for undesignated provi- sions requiring households with household income de- termined on retrospective basis to file periodic reports with system of less frequent reporting for certain cat- egories of households. Subsec. (c)(2). Pub. L. 100–435, § 202(c), added cl. (E). Subsec. (d)(4)(B)(i). Pub. L. 100–435, § 404(a)(1), 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’’. Subsec. (d)(4)(B)(v). Pub. L. 100–435, § 404(a)(3), (4), added cl. (v). Former cl. (v) redesignated (vi). Subsec. (d)(4)(B)(vi). Pub. L. 100–435, § 404(a)(2), (3), re- designated 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’’. Subsec. (d)(4)(H). Pub. L. 100–435, § 404(b), added sub- par. (H). Former subpar. (H) redesignated (I). Subsec. (d)(4)(I). Pub. L. 100–435, § 404(b)(1), (c), redes- ignated subpar. (H) as (I) and amended subpar. gen- erally. Prior to amendment, subpar. (I) read as follows: ‘‘The State agency shall reimburse participants in pro- grams carried out under this paragraph, including those participating under subparagraph (G), for the ac- tual 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 partici- pant to $25 per month.’’ Former subpar. (I) redesignated (J). Subsec. (d)(4)(J), (K). Pub. L. 100–435, § 404(b)(1), redes- ignated subpars. (I) and (J) as (J) and (K), respectively. Former subpar. (K) redesignated (M). Subsec. (d)(4)(L). Pub. L. 100–435, § 404(b)(1), (d), added subpar. (L) and redesignated former subpar. (L) as (N). Subsec. (d)(4)(M), (N). Pub. L. 100–435, § 404(b)(1), re- designated former subpars. (K) and (L) as (M) and (N), respectively. 1985—Subsec. (c)(1). Pub. L. 99–198, § 1513(b)(1), amend- ed first sentence generally. Prior to amendment, first sentence read as follows: ‘‘State agencies shall require certain categories of households, including all house- holds with earned income, except migrant farmworker households, all households with potential earners, in- cluding individuals receiving unemployment compensa- tion 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 stand- ards 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), inserted after second sen- tence, provision empowering State agencies to require households, other than households with respect to which household income is required by section 2014(f)(2)(A) of this title to be calculated on a prospec- tive basis, to file periodic reports of household cir- cumstances in accordance with the standards pre- scribed by the Secretary under the preceding provisions of this paragraph. Subsec. (d)(1). Pub. L. 99–198, § 1516(2), inserted sen- tences at end of par. (1) directing that any period of in- eligibility for violations under this paragraph shall end when the household member who committed the viola- tion complies with the requirement that has been vio- lated, and that if the household member who com- mitted 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 house- hold shall be ineligible for the balance of the period of ineligibility. Subsec. (d)(1)(A). Pub. L. 99–198, § 1516(1)(A), (B), des- ignated 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 men- tally fit person between the ages of eighteen and sixty’’ in provisions preceding subcl. (i). Subsec. (d)(1)(A)(ii). Pub. L. 99–198, § 1517(a)(1), sub- stituted ‘‘refuses without good cause to participate in an employment and training program under paragraph (4), to the extent required under paragraph (4), includ- ing 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’’. Subsec. (d)(1)(A)(iii), (iv). Pub. L. 99–198, § 1516(1)(C), redesignated cl. (iv) as (iii). Former cl. (iii), relating to a head of household who voluntarily quits any job with- out good cause, with a proviso that the period of ineli- gibility would be ninety days, was struck out. Subsec. (d)(1)(B). Pub. L. 99–198, § 1516(1)(D), added cl. (B). Subsec. (d)(2)(F). Pub. L. 99–198, § 1516(3), added cl. (F). Subsec. (d)(4). Pub. L. 99–198, § 1517(a)(2), added par. (4). Subsec. (e)(2). Pub. L. 99–198, § 1516(4), inserted ‘‘or is an individual who is not assigned to or placed in an in- stitution of higher learning through a program under the Job Training Partnership Act,’’. Subsec. (f)(2)(D). Pub. L. 99–198, § 1516(5)(A), (B), sub- stituted ‘‘sections 1157 and 1158 of title 8’’ for ‘‘section 1153(a)(7) of title 8 because of persecution or fear of per- secution on account of race, religion, or political opin- ion or because of being uprooted by catastrophic nat- ural calamity’’. Subsec. (f)(2)(F). Pub. L. 99–198, § 1516(5)(C), 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 ‘‘section 1253(h) of title 8’’. 1983—Subsec. (c)(1). Pub. L. 98–204, § 5, inserted sen- tence authorizing the Secretary to permit State agen- Page 1284 TITLE 7—AGRICULTURE § 2015 cies to accept, as satisfying the requirement that households report at such specified less frequent inter- vals, (i) recertifications conducted in accordance with section 2020(e)(4) of this title, (ii) in-person interviews conducted during a certification period, (iii) written re- ports filed by households, or (iv) such other documenta- tion or actions as the Secretary may prescribe. Subsec. (c)(3). Pub. L. 98–204, § 6, substituted ‘‘Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter in- cluded in such reports’’ for ‘‘The reporting require- ments contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in circumstances for participating house- holds’’. 1982—Subsec. (c)(1). Pub. L. 97–253, §§ 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 sup- plemental security income benefits under title XVI of the Social Security Act or disability and blindness pay- ments under title I, II, X, XIV, and XVI of the Social Security Act’’ and inserted provision that a State agen- cy 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 month- ly would result in unwarranted expenditures for admin- istration of this subsection, and, in last sentence, struck out ‘‘, on a form designed or approved by the Secretary,’’ after ‘‘to the State agency’’. Subsec. (c)(5). Pub. L. 97–253, § 156, added par. (5). Subsec. (d)(1). Pub. L. 97–253, §§ 157, 158, inserted ‘‘, which may include a requirement that, at the option of the State agency, such reporting and inquiry com- mence 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 en- gaged in a strike against the Federal Government, a State or political subdivision of a State and is dis- missed from his job because of his participation in the strike shall be considered to have voluntarily quit such job without good cause. Subsec. (d)(2)(C). Pub. L. 97–253, §§ 159, 190(a), redesig- nated 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 sub- section. Subsec. (d)(2)(D) to (F). Pub. L. 97–253, § 190(a), redes- ignated subpars. (D) to (F) as (C) to (E), respectively. Former subpar. (D) redesignated (C). Subsec. (d)(3), (4). Pub. L. 97–253, §§ 160, 190(b), redesig- nated par. (4) as (3), and struck out former par. (3) which provided that to the extent that a State employ- ment service was assigned responsibility for admin- istering the provisions of this subsection, it had to comply with regulations issued jointly by the Sec- retary 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. Subsec. (e)(3)(B). Pub. L. 97–253, § 161, 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’’. Subsec. (e)(3)(C) to (E). Pub. L. 97–253, § 161, added subpars. (C) and (D) and redesignated former subpar. (C) as (E). Subsec. (g)(2). Pub. L. 97–253, § 189(b)(1), substituted reference to the Secretary of Health and Human Serv- ices for former reference to the Secretary of Health, Education, and Welfare. 1981—Subsec. (b). Pub. L. 97–35, § 112, substituted pro- visions 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. Subsec. (c). Pub. L. 97–35, § 108(b), in par. (1) inserted provisions enumerating categories of households sub- ject to requirements, and substituted ‘‘(f)’’ for ‘‘(f)(2)’’, and added par. (4). Subsec. (c)(1). Pub. L. 97–35, § 108(c), struck out provi- sions respecting election of retrospective accounting system, and filing of periodic reports by household cat- egories. Subsec. (d)(1). Pub. L. 97–98, §§ 1310, 1311(1), (2), sub- stituted 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 unem- ployment’’ 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’’. Subsec. (d)(2). Pub. L. 97–98, § 1311(3), (4), inserted in cl. (A) ‘‘, in which case, failure by such person to com- ply with any work requirement to which such person is subject that is comparable to a requirement of para- graph (1) shall be the same as failure to comply with that requirement of paragraph (1)’’ after ‘‘compensa- tion system’’ and substituted in cl. (B) ‘‘six’’ for ‘‘twelve’’. Subsec. (d)(4). Pub. L. 97–35, § 109(a), inserted provi- sions relating to an increase in allotments as a result of a decrease in income of striking members of a house- hold, and struck out proviso relating to income quali- fications, etc., of subsec. (i). Subsec. (i). Pub. L. 97–35, § 109(c), struck out subsec. (i) which related to eligibility of a household con- taining a person involved in a labor-management dis- pute. 1980—Subsec. (b). Pub. L. 96–249, § 109, inserted provi- sions 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 ac- tion, or both. Subsec. (c). Pub. L. 96–249, § 110, inserted provisions compelling States electing to use a retrospective ac- counting system to require that certain categories of households file periodic reports of household cir- cumstances following standards prescribed by the Sec- retary. Subsec. (d)(2)(D). Pub. L. 96–249, § 140, substituted ‘‘en- rolled in an institution of higher education shall be in- eligible to participate in the food stamp program un- less he or she meets the requirements of subsection (e) of this section)’’ for ‘‘shall be subject to the require- ments of paragraph (1) of this subsection during any pe- riod of more than thirty days when such school or pro- gram is in vacation or recess and any such person en- rolled in an institution of higher education shall be subject to the requirements of subsection (e)(3)(B) of this section as well)’’. Subsec. (d)(4). Pub. L. 96–249, § 114, added par. (4). Subsec. (e). Pub. L. 96–249, § 139, substituted require- ment that he or she is physically and mentally fit and is between the ages of eighteen and sixty for require- ment 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 incen- tive 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. Subsec. (f). Pub. L. 96–249, § 115, inserted provisions requiring that the income (less a pro rata share) and fi- nancial resources of the individual rendered ineligible to participate in the food stamp program under this Page 1285 TITLE 7—AGRICULTURE § 2015 subsection be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member. 1979—Subsec. (b). Pub. L. 96–58, § 5, 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 de- termined 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 pre- ceding sentence and failed to make payments in ac- cordance with the schedule determined by the Sec- retary, the household of which that individual was a member would be subject to appropriate allotment re- ductions. Subsec. (i). Pub. L. 96–58, § 9, added subsec. (i). 1977—Pub. L. 95–113 substituted revised provisions covering eligibility disqualifications for provisions re- lating to the issuance, usage, and design of coupons which are now covered by section 2016 of this title. 1976—Subsecs. (b) to (e). Pub. L. 94–339 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, 2023, 137 Stat. 37, provided that: ‘‘(1) STATE AGENCY.—A state agency shall apply sec- tion 6(o)(3) of the Food and Nutrition Act of 2008, as amended by subsection (a), to any application for ini- tial certification or recertification received starting 90 days after the date of enactment of this Act [June 3, 2023]. ‘‘(2) SUNSET.—The amendments made by subsection (a) [amending this section] shall cease to have effect on October 1, 2030.’’ EFFECTIVE DATE OF 2014 AMENDMENTS Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. Amendment by section 4008(a) of Pub. L. 113–79 inap- plicable to a conviction if the conviction is for conduct occurring on or before Feb. 7, 2014, see section 4008(c) of Pub. L. 113–79, set out as a note under section 2014 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(3), 4105, 4108, 4112, 4115(b)(4), and 4131 of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4121(e), May 13, 2002, 116 Stat. 324, provided that: ‘‘The amendments made by this section [amending this section and section 2025 of this title] take effect on the date of enactment of this Act [May 13, 2002].’’ Amendment by sections 4109, 4115(b)(2) of Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise pro- vided, see section 4405 of Pub. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(2)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(2)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organi- zation and Employees. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title I, § 1005(b), Aug. 5, 1997, 111 Stat. 257, provided that: ‘‘The amendments made by sections 1001 and 1002 [amending this section and section 2025 of this title] take effect on October 1, 1997, without regard to whether regulations have been promulgated to im- plement the amendments made by such sections.’’ EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. Amendment by section 109(b) of Pub. L. 104–193 effec- tive July 1, 1997, 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 enti- tlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective, and to be im- plemented beginning on, Sept. 1, 1994, see section 13971(b)(4) of Pub. L. 103–66, set out as a note under sec- tion 2025 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 908 [probably should be 907] of Pub. L. 102–237 effective Sept. 30, 1991, and amendment by section 941(3) of Pub. L. 102–237 effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1), (3) of Pub. L. 102–237, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective and imple- mented first day of month beginning 120 days after pub- lication of implementing regulations to be promulgated not later than Oct. 1, 1991, see section 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 202(b), (c) and 404(a)(2)–(4), (b), (d) of Pub. L. 100–435 to be effective and imple- mented on Oct. 1, 1988, and amendment by section 404(a)(1), (c) of Pub. L. 100–435 to be effective and imple- mented on July 1, 1989, except that amendment by sec- tion 404 of Pub. L. 100–435 to become effective and im- plemented on Oct. 1, 1989, if final order is issued under section 902(b) of Title 2, The Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under section 901(a)(3)(A) of Title 2, see section 701(a), (b)(4), (c)(2) of Pub. L. 100–435, set out as a note under section 2012 of this title. Page 1286 TITLE 7—AGRICULTURE § 2016 EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97–35, except section 108(c) of Pub. L. 97–35 (which amended this section), effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title, see section 192(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. Amendment by Pub. L. 97–98 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title. See section 192(b) of Pub. L. 97–253, set out as a note under section 2012 of this title. Amendment by Pub. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title. Amendments by Pub. L. 97–35, except for amendment made by section 108(c) of Pub. L. 97–35, effective and implemented upon such dates as Secretary of Agri- culture may prescribe, taking into account need for or- derly implementation, see section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title. Pub. L. 97–35, title I, § 108(c), Aug. 13, 1981, 95 Stat. 361, provided that the amendment made by section 108(c) is effective Oct. 1, 1983. EFFECTIVE DATE OF 1979 AMENDMENT Secretary of Agriculture to issue final regulations implementing the amendment of subsec. (b) of this sec- tion by Pub. L. 96–58 within 150 days after Aug. 14, 1979, see section 10(b) of Pub. L. 96–58, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. REGULATIONS Pub. L. 105–33, title I, § 1005(a), Aug. 5, 1997, 111 Stat. 257, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 5, 1997], 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].’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. WAIVER TRANSPARENCY Pub. L. 118–5, div. C, title II, § 314, June 3, 2023, 137 Stat. 38, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [June 3, 2023], the Secretary of Agriculture shall make public all avail- able State waiver requests, including all supporting data from the State, and agency approvals of such re- quests, including relevant documentation on the utili- zation of waivers authorized under Section [sic] 6(o)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)).’’ TRANSITION PROVISION FOR WORK REQUIREMENT Pub. L. 104–193, title VIII, § 824(b), Aug. 22, 1996, 110 Stat. 2324, provided that: ‘‘The term ‘preceding 36- month period’ in section 6(o) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2015(o)], as added by subsection (a), does not include, with respect to a State, any period before the earlier of— ‘‘(1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or ‘‘(2) the date that is 3 months after the date of en- actment of this Act [Aug. 22, 1996].’’ EXEMPTION FROM MONTHLY REPORTING SYSTEMS FOR HOUSEHOLDS RESIDING ON INDIAN RESERVATIONS Pub. L. 102–237, title IX, § 908(a)(2), Dec. 13, 1991, 105 Stat. 1886, as amended by Pub. L. 103–11, § 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103–205, § 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to ex- empt households residing on Indian reservations from food stamp program monthly reporting systems until Mar. 15, 1994, and directed Secretary of Agriculture to issue final regulations requiring exemption of house- holds residing on Indian reservations from food stamp program monthly reporting systems no later than Dec. 1, 1992, prior to repeal by Pub. L. 103–225, title I, § 104(a), Mar. 25, 1994, 108 Stat. 107. MANDATORY MONTHLY REPORTING-RETROSPECTIVE BUDGETING FOR FOOD STAMP PROGRAM; PROHIBITION Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 735, pro- vided in part that no part of any of the funds appro- priated or otherwise made available by Pub. L. 98–107 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 fis- cal year ending Sept. 30, 1984. § 2016. Issuance and use of program benefits (a) In general Except as provided in subsection (i), EBT cards shall be issued only to households which have been duly certified as eligible to partici- pate in the supplemental nutrition assistance program. (b) Use Benefits issued to eligible households shall be used by them only to purchase food from retail food stores which have been approved for par- ticipation in the supplemental nutrition assist- ance program at prices prevailing in such stores: Provided, That nothing in this chapter shall be construed as authorizing the Secretary to speci- fy the prices at which food may be sold by wholesale food concerns or retail food stores. (c) Design (1) In general EBT cards issued to eligible households shall be simple in design and shall include only such words or illustrations as are required to ex- plain their purpose. (2) Prohibition The name of any public official shall not ap- pear on any EBT card. (d) Delivery and control procedures The Secretary shall prescribe appropriate pro- cedures for the delivery of benefits to benefit issuers and for the subsequent controls to be placed over such benefits by benefit issuers in order to ensure adequate accountability. (e) State issuance liability Notwithstanding any other provision of this chapter, the State agency shall be strictly liable to the Secretary for any financial losses in-