7 U.S.C. § 2015
In addition to meeting the standards of eligibility 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.
During the period of such ineligibility, no household shall receive increased benefits under this chapter as the result of a member of such household having been disqualified under this subsection.
Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household shall be eligible to participate in the supplemental nutrition assistance program if it refuses to cooperate in providing information to the State agency that is necessary for making a determination of its eligibility or for completing any subsequent review of its eligibility.
No individual who is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program under this section shall be eligible to participate in the supplemental nutrition assistance program as a member of that or any other household if the individual is enrolled at least half-time in an institution of higher education, unless the individual-
No individual who is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program under this section shall be eligible to participate in the supplemental nutrition assistance program as a member of that or any other household unless he or she is (1) a resident of the United States and (2) either (A) a citizen or (B) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 1101(a)(15) and 1101(a)(20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; or (C) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously 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 General 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 discretion 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 deportation pursuant to section 1231(b)(3) of title 8. No aliens other than the ones specifically described in clauses (B) through (F) of this subsection 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 resources of the individual rendered ineligible to participate in the supplemental nutrition assistance program under this subsection shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.
No individual who receives supplemental security income benefits under title XVI of the Social 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 section 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 increased so as to include the bonus value of food stamps.
No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the supplemental nutrition assistance program shall be eligible to participate in the program for a period of up to one year from the date of discovery of the transfer.
If a disqualification is imposed on a member of a household for a failure of the member to perform an action required under a Federal, State, or local law relating to a means-tested public assistance program, the State agency may impose the same disqualification on the member of the household under the supplemental nutrition assistance program.
If a disqualification is imposed under paragraph (1) for a failure of an individual to perform an action required under part A of title IV of the Social Security Act (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.
A member of a household disqualified under paragraph (1) may, after the disqualification period has expired, apply for benefits under this chapter and shall be treated as a new applicant, except that a prior disqualification under subsection (d) shall be considered in determining eligibility.
An individual shall be ineligible to participate in the supplemental nutrition assistance program as a member of any household for a 10-year period if the individual is found by a State agency to have made, or is convicted in a Federal or State court of having made, a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the supplemental nutrition assistance program.
No member of a household who is otherwise eligible to participate in the supplemental nutrition assistance program shall be eligible to participate in the program as a member of that or any other household during any period during which the individual is-
The Secretary shall-
At the option of a State agency, subject to paragraphs (2) and (3), no natural or adoptive parent or other individual (collectively referred to in this subsection as "the individual") who is living with and exercising parental control over a child under the age of 18 who has an absent parent shall be eligible to participate in the supplemental nutrition assistance program unless the individual cooperates with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)-
Paragraph (1) shall not apply to the individual if good cause is found for refusing to cooperate, as determined by the State agency in accordance with standards prescribed by the Secretary in consultation with the Secretary of Health and Human Services. The standards shall take into consideration circumstances under which cooperation may be against the best interests of the child.
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.).
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 individual") shall not be eligible to participate in the supplemental nutrition assistance program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)-
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).
The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1).
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.).
The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected.
At the option of a State agency, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual.
Paragraph (1) shall not apply if-
In this subsection, the term "work program" means-
Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not-
Paragraph (2) shall not apply to an individual if the individual is-
On the request of a State agency and with the support of the chief executive officer of the State, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside-
The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual-
An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2).
An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2).
An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period.
In this paragraph:
The term "caseload" means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.
The term "covered individual" means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who-
Subject to subparagraphs (C) through (I), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals.
Subject to subparagraphs (G) and (I), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 2025(c) of this title for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.
Subject to subparagraphs (G) through (I), for fiscal year 1999 and each subsequent fiscal year through fiscal year 2019, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).
Subject to subparagraphs (G) through (I), for fiscal year 2020 and each subsequent fiscal year through fiscal year 2023, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).
Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4)1
The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C), (D),,2 (E) or (F) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary.
During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph.
A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.
During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.
Nothing in this subsection shall make an individual eligible for benefits under this chapter if the individual is not otherwise eligible for benefits under the other provisions of this chapter.
Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally obtained cash by purchasing products with supplemental nutrition assistance program benefits that have containers that require return deposits, discarding the product, and returning the container for the deposit amount shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation.
Subject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally sold any food that was purchased using supplemental nutrition assistance program benefits shall be ineligible for benefits under this chapter for such period of time as the Secretary shall prescribe by regulation.
An individual shall not be eligible for benefits under this chapter if-
The amount of benefits otherwise required to be provided to an eligible household under this chapter shall be determined by considering the individual to whom paragraph (1) applies not to be a member of the household, except that the income and resources of the individual shall be considered to be income and resources of the household.
Each State shall require each individual applying for benefits under this chapter to attest to whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).
Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings.
A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 2014 of this title.
As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings.
1So in original. Probably should be followed by a period.
2So in original.
3So in original. Probably should be preceded by "section".
7 U.S.C. § 2015
Termination of AmendmentFor termination of amendment by section 311(b)(2) of Pub. L. 118-5 see Effective and Termination Dates of 2023 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTThe 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 classification 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, referred to in subsecs. (d)(4)(M), (e)(3)(A), and (o)(1)(A), is Pub. L. 113-128, 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 classification 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.
AMENDMENTS2023-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 Effective 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), redesignated 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 employer organizations," after "designed by the State agency" and substituted "that will- "(I) increase the ability of the household members to obtain regular employment; and"(II) meet State or local workforce needs." for "that will increase their ability to obtain regular employment."Subsec. (d)(4)(A)(ii). Pub. L. 115-334, §4005(a)(1)(B), inserted "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 comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and" before "one or more" and substituted "this clause" for "this subparagraph" in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VII) and (IX), respectively, substituted "employability assessments, training in techniques to increase employability" for "jobs skills assessments, job finding clubs, training in techniques for employability" in subcl. (II), inserted ",including subsidized employment and apprenticeships" after "public or private employment" in introductory provisions of subcl. (IV), redesignated subcls. (I) and (II) of former cl. (iv) as items (aa) and (bb), respectively, of subcl. (IV), inserted "not less than 30 days but" before "not more than 90 days" in subcl. (VII), and added subcl. (VIII).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. headings, 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), substituted "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 program or a job search training program", and added subpars. (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), substituted "Exemptions" for "15-percent exemption" in heading.Subsec. (o)(6)(B). Pub. L. 115-334, §4005(b)(3)(B), substituted "subparagraphs (C) through (H)" for "subparagraphs (C) through (G)".Subsec. (o)(6)(C). Pub. L. 115-334, §4005(b)(3)(C), substituted "subparagraphs (F) and (H)" for "subparagraphs (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 "subparagraph (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), respectively. 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), substituted "activities under title I of the Workforce Innovation 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), substituted "a program under title I of the Workforce Innovation and Opportunity Act" for "a program under title I of the Workforce Investment Act of 1998". 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), substituted "a program under title I of the Workforce Innovation and Opportunity Act" for "a program under the title I of the Workforce Investment Act of 1998".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 introductory provisions, substituted "program benefits" for "coupons or authorization cards" and, in cls. (ii) and (iii), substituted "benefits" for "coupons" wherever appearing.Subsec. (c). Pub. L. 110-246, §4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions.Subsec. (c)(1)(A). Pub. L. 110-246, §4105, in introductory provisions, substituted "reporting" for "reporting by", in cl. (i), inserted "for periods shorter than 4 months by" before "migrant", in cl. (ii), inserted "for periods shorter than 4 months by" before "households", and, in cl. (iii), inserted "for periods shorter than 1 year by" before "households".Subsec. (d)(1), (2). Pub. L. 110-246, §4001(b), substituted "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 program" in two places.Subsec. (d)(4)(A)(i). Pub. L. 110-246, §4001(b), substituted "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), substituted "section 2020(e)(19)" for "section 2020(e)(22)".Subsecs. (e), (f), (h), (i). Pub. L. 110-246, §4001(b), substituted "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 program" 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 program" in introductory provisions.Subsecs. (l) to (n). Pub. L. 110-246, §4001(b), substituted "supplemental nutrition assistance program" for "food stamp program".Subsec. (o)(2). Pub. L. 110-246, §4002(a)(3)(C)(i), substituted "supplemental nutrition assistance program benefits" for "food stamp benefits" in introductory provisions. Pub. L. 110-246, §4001(b), substituted "supplemental nutrition assistance program" for "food stamp program" in introductory provisions.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 assistance 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 households 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), substituted "Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household" for "No household" in introductory provisions.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 subpar. (D).Subsec. (d)(4)(I)(i)(I). Pub. L. 107-171, §4121(c), struck out ",except that the State agency may limit such reimbursement to each participant to $25 per month" before semicolon. 1998-Subsec. (d)(4)(M). Pub. L. 105-277, §101(f) [title VIII, §405(f)(2)(B)(i)], struck out "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of" after "The facilities of". Pub. L. 105-277, §101(f) [title VIII, §405(d)(2)(B)(i)], substituted "the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998" for "the State public employment offices and agencies operating programs under the Job Training Partnership Act". 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 Training 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 Training Partnership Act ( 29 U.S.C. 1501 et seq.)"1997-Subsec. (o)(2)(D). Pub. L. 105-33, §1001(1), substituted "(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), substituted "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 approved". 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 ineligibility 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, struck out "that is comparable to a requirement of paragraph (1)" after "person is subject" in cl. (A) and inserted at end "A State that requested a waiver to lower the age specified in subparagraph (B) and had the waiver denied by the Secretary as of 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), inserted 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 introductory provisions, inserted before colon ",except that the State agency shall retain the option to apply employment requirements prescribed under this subparagraph to a program applicant at the time of application", in cl. (i), struck out "with terms and conditions comparable to those prescribed in subparagraphs (A) and (B) of section 402(a)(35) of part A of title IV of the Social Security Act, except that the State agency shall retain the option to apply employment requirements prescribed under this clause to program applicants at the time of application" after "search programs", and in cl. (iv), redesignated subcls. (III) and (IV) as (I) and (II), respectively, and struck out former subcls. (I) and (II) which read as follows: "(I) limit employment experience assignments to projects that serve a useful public purpose in fields such as health, social services, environmental protection, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care;"(II) to the extent possible, use the prior training, experience, and skills of the participating member in making appropriate employment or training experience assignments;". Subsec. (d)(4)(D). Pub. L. 104-193, §817(a)(4), in cl. (i), struck out "to which the application of such participation requirement is impracticable as applied to such categories due to factors such as the availability of work opportunities and the cost-effectiveness of the employment requirements. In making such a determination, the State agency may designate a category consisting of all such household members residing in a specific area of the State. Each State may exempt, with the approval of the Secretary, members of households that have participated in the food stamp program 30 days or less" after "household members", in cl. (ii), struck out "but with respect to whom such participation is impracticable because of personal circumstances such as lack of job readiness and employability, the remote location of work opportunities, and unavailability of child care" after "clause (i)", and in cl. (iii), substituted "the exemption continues to be valid" for ",on the basis of the factors used to make a determination under clause (i) or (ii), the exemption continues to be valid. Such evaluations shall occur no less often than at each certification or recertification in the case of exemptions under clause (ii)". 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 Secretary, give priority in the provision of services to voluntary participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary's discretion, approve additional States' requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate."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 extent it determines practicable, individuals not subject to requirements imposed under subparagraph (E) or who have complied, or are in the process of complying, with such requirements to participate in any program under this paragraph."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 regulations under which each State agency shall establish a conciliation procedure for the resolution of disputes involving the participation of an individual in the program."Subsec. (d)(4)(I)(i)(II). Pub. L. 104-193, §817(a)(8), substituted "),except that no such payment or reimbursement 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 consistent 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 authorized establishment of performance standards for each State that, in case of persons who were subject to employment requirements under this section and who were not exempt under subpar. (D), designated minimum percentages (not to exceed 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995) of such persons that State agencies were to place in employment and training programs.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 accordance with section 2025(a), (c), and (h) of this title, such funds as the Secretary determines to be appropriate, subject to administrative and judicial review under 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 programs that were based on employment outcomes, including increases in earnings.Subsec. (d)(4)(M), (N). Pub. L. 104-193, §817(a)(9)(B), redesignated subpars. (M) and (N) as (L) and (M), respectively.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, inserted ",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 subpar. (C).Subsec. (c)(3). Pub. L. 103-296, §108(f)(1), inserted "the Commissioner of Social Security and" before "the Secretary 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 dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (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 payment or reimbursements exceed $160 per dependent per month. Individuals subject to the program under this paragraph may not be required to participate if dependent care costs exceed $160 per dependent per month." 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), substituted "who is a physically" for "who is physically", "Secretary; (ii) refuses" for "Secretary; (ii) refuses" requiring no change in text, and "two months; or (iii) refuses" for "two months; (iii) refuses".Subsec. (d)(4)(B)(vii). Pub. L. 102-237, §941(3)(C), substituted "Secretary," for "Secretary,," and "aimed at" for "aimed an".Subsec. (d)(4)(D)(iii). Pub. L. 102-237, §941(3)(D), substituted "clause (i) or (ii)" for "clauses (i) or (ii)".Subsec. (d)(4)(I)(i)(II). Pub. L. 102-237, §941(3)(E), substituted "601 et seq.)" for "601 et seq.))" and "),but in" for ",but in".Subsec. (d)(4)(K)(i). Pub. L. 102-237, §907(b), substituted "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 recipients greater than 10 percent in fiscal years 1992 and 1993, and 15 percent in fiscal years 1994 and 1995, of the persons who are subject to employment requirements under this section and who are not exempt under subparagraph (D)."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 appropriate designated State officials, which standards were to be coordinated with the corresponding standards under the Job Training Partnership Act and the performance standards under title IV of the Social Security Act, which were to permit variations to take into account differing conditions in different States, and which were to be published and implemented not later than Oct. 1, 1991, and directing the Office of Technology Assessment, not later than 180 days after the Secretary publishes proposed measures for performance standards, to develop model performance standards, compare these standards with the Secretary, and report the result of such comparison to the Speaker of the House of Representatives, President pro tempore of the Senate, and Secretary of Agriculture.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 prescribed by the Secretary, they contain sufficient information to enable the State agency to determine household eligibility and allotment levels". Subsec. (d)(1). Pub. L. 101-624, §1725, inserted after first sentence "The State agency shall allow the household to select an adult parent of children in the household as its head where all adult household members making application agree to the selection. The household may designate its head of household under this paragraph each time the household is certified for participation in the food stamp program, but may not change the designation during a certification period unless there is a change in the composition of the household."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 participants (including both exempt and non-exempt participants), except that this sentence shall not excuse a State from compliance with the performance standards issued under subparagraphs (K) and (L), and the Secretary may, at the Secretary's discretion, approve additional States' requests to give such priority if the Secretary reports to Congress on the number and characteristics of voluntary participants given priority under this sentence and such other information as the Secretary determines to be appropriate."Subsec. (d)(4)(L)(iii). Pub. L. 101-624, §1726(d), substituted "October" for "April".Subsec. (e). Pub. L. 101-624, §1727, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "No individual who is a member of a household otherwise eligible to participate in the food stamp program under this section shall be eligible to participate in the food stamp program as a member of that or any other household if he or she (1) is physically and mentally fit and is between the ages of eighteen and sixty, (2) is enrolled at least half time in an institution of higher education, or is an individual who is not assigned to or placed in an institution of higher learning through a program under the Job Training Partnership Act, and (3)(A) is not employed a minimum of twenty hours per week or does not participate in a federally financed work study program during the regular school year; (B) is not a parent with responsibility for the care of a dependent child under age six; (C) is not a parent with responsibility for the care of a dependent child above the age of five and under the age of twelve for whom adequate child care is not available; (D) is not receiving aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (E) is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, as amended (42 U.S.C. 602)." 1988-Subsec. (c)(1). Pub. L. 100-435, §202(b), substituted subpars. (A) and (B) for undesignated provisions requiring households with household income determined on retrospective basis to file periodic reports with system of less frequent reporting for certain categories of households.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), redesignated former cl. (v) as (vi) and inserted "or the State under regulations issued by the Secretary," after "the Secretary" and "employment, educational and training" after "other". Subsec. (d)(4)(H). Pub. L. 100-435, §404(b), added subpar. (H). Former subpar. (H) redesignated (I).Subsec. (d)(4)(I). Pub. L. 100-435, §404(b)(1), (c), redesignated subpar. (H) as (I) and amended subpar. generally. Prior to amendment, subpar. (I) read as follows: "The State agency shall reimburse participants in programs carried out under this paragraph, including those participating under subparagraph (G), for the actual costs of transportation, and other actual costs, that are reasonably necessary and directly related to participation in the program, except that the State agency may limit such reimbursement to each participant to $25 per month." Former subpar. (I) redesignated (J).Subsec. (d)(4)(J), (K). Pub. L. 100-435, §404(b)(1), redesignated 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), redesignated former subpars. (K) and (L) as (M) and (N), respectively. 1985-Subsec. (c)(1). Pub. L. 99-198, §1513(b)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "State agencies shall require certain categories of households, including all households with earned income, except migrant farmworker households, all households with potential earners, including individuals receiving unemployment compensation benefits and individuals required by subsection (d) of this section to register for work, and all households required to file a similar report under title IV-A of the Social Security Act, but not including households that have no earned income and in which all adult members are elderly or disabled members, to file periodic reports of household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection." Pub. L. 99-198, §1513(b)(2), inserted after second sentence, 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 prospective basis, to file periodic reports of household circumstances in accordance with the standards prescribed by the Secretary under the preceding provisions of this paragraph.Subsec. (d)(1). Pub. L. 99-198, §1516(2), inserted sentences at end of par. (1) directing that any period of ineligibility for violations under this paragraph shall end when the household member who committed the violation complies with the requirement that has been violated, and that if the household member who committed the violation leaves the household during the period of ineligibility, such household shall no longer be subject to sanction for such violation and, if it is otherwise eligible, may resume participation in the food stamp program, but any other household of which such person thereafter becomes the head of the household shall be ineligible for the balance of the period of ineligibility. Subsec. (d)(1)(A). Pub. L. 99-198, §1516(1)(A), (B), designated existing provisions of first sentence of par. (1) as cl. (A) and in provisions of cl. (A) as so designated substituted "no person shall be eligible to participate in the food stamp program who is a physically and mentally fit person between the ages of sixteen and sixty" for "no household shall be eligible for assistance under this chapter if it includes a physically and mentally fit person between the ages of eighteen and sixty" in provisions preceding subcl. (i).Subsec. (d)(1)(A)(ii). Pub. L. 99-198, §1517(a)(1), substituted "refuses without good cause to participate in an employment and training program under paragraph (4), to the extent required under paragraph (4), including any reasonable employment requirements as are prescribed by the State agency in accordance with paragraph (4), and the period of ineligibility shall be two months" for "refuses to fulfill whatever reasonable reporting and inquiry about employment requirements as are prescribed by the Secretary, which may include a requirement that, at the option of the State agency, such reporting and inquiry commence at the time of application".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 without good cause, with a proviso that the period of ineligibility 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 institution of higher learning through a program under the Job Training Partnership Act,".Subsec. (f)(2)(D). Pub. L. 99-198, §1516(5)(A), (B), substituted "sections 1157 and 1158 of title 8" for "section 1153(a)(7) of title 8 because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural 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 sentence authorizing the Secretary to permit State agencies to accept, as satisfying the requirement that households report at such specified less frequent intervals, (i) recertifications conducted in accordance with section 2020(e)(4) of this title, (ii) in-person interviews conducted during a certification period, (iii) written reports filed by households, or (iv) such other documentation or actions as the Secretary may prescribe. 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 included in such reports" for "The reporting requirements contained in paragraph (1) of this subsection shall be the sole such requirements for reporting changes in circumstances for participating households".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 supplemental security income benefits under title XVI of the Social Security Act or disability and blindness payments under title I, II, X, XIV, and XVI of the Social Security Act" and inserted provision that a State agency may, with the prior approval of the Secretary, select categories of households which may report at specified less frequent intervals upon a showing by the State agency, which is satisfactory to the Secretary, that to require households in such categories to report monthly would result in unwarranted expenditures for administration of this subsection, and, in last sentence, struck out ",on a form designed or approved by the Secretary," after "to the State agency".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 commence at the time of application" after "Secretary" in cl. (ii), substituted "ninety days" for "sixty days from the time of the voluntary quit" in cl. (iii), and inserted provision that an employee of the Federal Government, or of a State or political subdivision of a State, who engaged in a strike against the Federal Government, a State or political subdivision of a State and is dismissed from his job because of his participation in the strike shall be considered to have voluntarily quit such job without good cause. Subsec. (d)(2)(C). Pub. L. 97-253, §§159, 190, redesignated subpar. (D) as (C), and struck out former subpar. (C) which provided that a person who would otherwise be required to comply with the requirements of par. (1) was exempt if he or she was a parent or other caretaker of a child in a household where there was another able-bodied parent subject to the requirements of this subsection.Subsec. (d)(2)(D) to (F). Pub. L. 97-253, §190(a), redesignated subpars. (D) to (F) as (C) to (E), respectively. Former subpar. (D) redesignated (C). Subsec. (d)(3), (4). Pub. L. 97-253, §§160, 190, redesignated par. (4) as (3), and struck out former par. (3) which provided that to the extent that a State employment service was assigned responsibility for administering the provisions of this subsection, it had to comply with regulations issued jointly by the Secretary and the Secretary of Labor, which regulations had to be patterned to the maximum extent practicable on the work incentive program requirements set forth in title IV of the Social Security Act and had to take into account the diversity of the needs of the food stamp work registration population.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 Services for former reference to the Secretary of Health, Education, and Welfare. 1981-Subsec. (b). Pub. L. 97-35, §112, substituted provisions setting forth disqualification penalties for fraud and misrepresentation, ineligibility period for benefits, and applicable procedures, for provisions relating to prior fraudulent use of coupons or authorization cards, ineligibility period for benefits, and repayment for fraudulent conduct.Subsec. (c). Pub. L. 97-35, §108(b), in par. (1) inserted provisions enumerating categories of households subject to requirements, and substituted "(f)" for "(f)(2)", and added par. (4). Subsec. (c)(1). Pub. L. 97-35, §108(c), struck out provisions respecting election of retrospective accounting system, and filing of periodic reports by household categories.Subsec. (d)(1). Pub. L. 97-98, §§1310, 1311 (1), (2), substituted in cl. (i) "twelve" for "six", struck out in cl. (iii) ",unless the household was certified for benefits under this chapter immediately prior to such unemployment" after "without good cause", and inserted in cl. (iv) "(including the lack of adequate child care for children above the age of five and under the age of twelve)" after "good cause".Subsec. (d)(2). Pub. L. 97-98, §1311(3), (4), inserted in cl. (A) ",in which case, failure by such person to comply with any work requirement to which such person is subject that is comparable to a requirement of paragraph (1) shall be the same as failure to comply with that requirement of paragraph (1)" after "compensation system" and substituted in cl. (B) "six" for "twelve". Subsec. (d)(4). Pub. L. 97-35, §109(a), inserted provisions relating to an increase in allotments as a result of a decrease in income of striking members of a household, and struck out proviso relating to income qualifications, etc., of subsec. (i). Subsec. (i). Pub. L. 97-35, §109(c), struck out subsec. (i) which related to eligibility of a household containing a person involved in a labor-management dispute. 1980-Subsec. (b). Pub. L. 96-249, §109, inserted provisions permitting each State to decide to proceed against alleged fraud in the program either by way of administrative fraud hearings or by way of reference to appropriate legal authorities for civil or criminal action, or both.Subsec. (c). Pub. L. 96-249, §110, inserted provisions compelling States electing to use a retrospective accounting system to require that certain categories of households file periodic reports of household circumstances following standards prescribed by the Secretary.Subsec. (d)(2)(D). Pub. L. 96-249, §140, substituted "enrolled in an institution of higher education shall be ineligible to participate in the food stamp program unless he or she meets the requirements of subsection (e) of this section)" for "shall be subject to the requirements of paragraph (1) of this subsection during any period of more than thirty days when such school or program is in vacation or recess and any such person enrolled in an institution of higher education shall be subject to the requirements of subsection (e)(3)(B) of this section as well)". Subsec. (d)(4). Pub. L. 96-249, §114, added par. (4). Subsec. (e). Pub. L. 96-249, §139, substituted requirement that he or she is physically and mentally fit and is between the ages of eighteen and sixty for requirement that he or she has reached his or her eighteenth birthday, inserted requirement that he or she is not so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act, and struck out requirement that he or she is properly claimed or could properly be claimed as a dependent child for Federal income tax purposes.Subsec. (f). Pub. L. 96-249, §115, inserted provisions requiring that the income (less a pro rata share) and financial resources of the individual rendered ineligible to participate in the food stamp program under this subsection be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.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 determined by the Secretary that would be sufficient over time to reimburse the Federal Government for the value of the coupons obtained through the fraudulent conduct, and that if any disqualified individual elected repayment in cash under the provisions of the preceding sentence and failed to make payments in accordance with the schedule determined by the Secretary, the household of which that individual was a member would be subject to appropriate allotment reductions. Subsec. (i). Pub. L. 96-58, §9, added subsec. (i). 1977- Pub. L. 95-113 substituted revised provisions covering eligibility disqualifications for provisions relating 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 section 6(o)(3) of the Food and Nutrition Act of 2008, as amended by subsection (a), to any application for initial certification or recertification received starting 90 days after the date of enactment of this Act [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 inapplicable 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 otherwise 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 provided, 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 Organization 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 implement 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 effective 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 entitlement 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 implemented beginning on, Sept. 1, 1994, see section 13971(b)(4) of Pub. L. 103-66 set out as a note under section 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 implemented first day of month beginning 120 days after publication 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 implemented on Oct. 1, 1988, and amendment by section 404(a)(1), (c) of Pub. L. 100-435 to be effective and implemented on July 1, 1989, except that amendment by section 404 of Pub. L. 100-435 to become effective and implemented 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.
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 Agriculture may prescribe, taking into account need for orderly 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 section 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 FUNCTIONSFor 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 available State waiver requests, including all supporting data from the State, and agency approvals of such requests, including relevant documentation on the utilization of waivers authorized under Section [sic] 6(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 enactment 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 exempt 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 households 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, provided in part that no part of any of the funds appropriated 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 fiscal year ending Sept. 30, 1984.
- Allotment
- "Allotment" means the total value of benefits a household is authorized to receive during each month.
- Drug addiction or alcoholic treatment and rehabilitation program
- "Drug addiction or alcoholic treatment and rehabilitation program" means any such program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics.
- Homeless individual
- "Homeless individual" means-(1) an individual who lacks a fixed and regular nighttime residence; or(2) an individual who has a primary nighttime residence that is-(A) a supervised publicly or privately operated shelter (including a welfare hotel or congregate shelter) designed to provide temporary living accommodations;(B) an institution that provides a temporary residence for individuals intended to be institutionalized;(C) a temporary accommodation for not more than 90 days in the residence of another individual; or(D) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
- Household
- "Household" means-(A) an individual who lives alone or who, while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others; or(B) a group of individuals who live together and customarily purchase food and prepare meals together for home consumption.
- Reservation
- "Reservation" means the geographically defined area or areas over which a tribal organization exercises governmental jurisdiction.
- Secretary
- "Secretary" means the Secretary of Agriculture.
- State agency
- "State agency" means (1) the agency of State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within such State, and in those States where such assistance programs are operated on a decentralized basis, the term shall include the counterpart local agencies administering such programs, and (2) the tribal organization of an Indian tribe determined by the Secretary to be capable of effectively administering a food distribution program under section 2013(b) of this title or a supplemental nutrition assistance program under section 2020(d) of this title.
- State
- "State" means the fifty States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this chapter for participation as a State agency.
- Supplemental nutrition assistance program
- "Supplemental nutrition assistance program" means the program operated pursuant to this chapter.