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U.S. Code as of:
01/03/05
Section 2015. Eligibility disqualifications
(a) Additional specific conditions rendering individuals ineligible
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 food stamp program.
(b) Fraud and misrepresentation; disqualification penalties;
ineligibility period; applicable procedures
(1) Any person who has been found by any State or Federal court
or administrative agency to have intentionally (A) made a false or
misleading statement, or misrepresented, concealed or withheld
facts, or (B) committed any act that constitutes a violation of
this chapter, the regulations issued thereunder, or any State
statute, for the purpose of using, presenting, transferring,
acquiring, receiving, or possessing coupons or authorization cards
shall, immediately upon the rendering of such determination, become
ineligible for further participation in the program -
(i) for a period of 1 year upon the first occasion of any such
determination;
(ii) for a period of 2 years upon -
(I) the second occasion of any such determination; or
(II) the first occasion of a finding by a Federal, State, or
local court of the trading of a controlled substance (as
defined in section 802 of title 21) for coupons; and
(iii) permanently upon -
(I) the third occasion of any such determination;
(II) the second occasion of a finding by a Federal, State, or
local court of the trading of a controlled substance (as
defined in section 802 of title 21) for coupons;
(III) the first occasion of a finding by a Federal, State, or
local court of the trading of firearms, ammunition, or
explosives for coupons; or
(IV) a conviction of an offense under subsection (b) or (c)
of section 2024 of this title 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 household shall receive
increased benefits under this chapter as the result of a member of
such household having been disqualified under this subsection.
(2) Each State agency shall proceed against an individual alleged
to have engaged in such activity either by way of administrative
hearings, after notice and an opportunity for a hearing at the
State level, or by referring such matters to appropriate
authorities for civil or criminal action in a court of law.
(3) Such periods of ineligibility as are provided for in
paragraph (1) of this subsection shall remain in effect, without
possibility of administrative stay, unless and until the finding
upon which the ineligibility is based is subsequently reversed by a
court of appropriate jurisdiction, but in no event shall the period
of ineligibility be subject to review.
(4) The Secretary shall prescribe such regulations as the
Secretary may deem appropriate to ensure that information
concerning any such determination with respect to a specific
individual is forwarded to the Office of the Secretary by any
appropriate State or Federal entity for the use of the Secretary in
administering the provisions of this section. No State shall
withhold such information from the Secretary or the Secretary's
designee for any reason whatsoever.
(c) Refusal to provide necessary information
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 food stamp program if it refuses to cooperate in
providing information to the State agency that is necessary for
making a determination of its eligibility or for completing any
subsequent review of its eligibility.
(1)(A) A State agency may require certain categories of
households to file periodic reports of income and household
circumstances in accordance with standards prescribed by the
Secretary, except that a State agency may not require periodic
reporting by -
(i) migrant or seasonal farmworker households;
(ii) households in which all members are homeless
individuals; or
(iii) households that have no earned income and in which all
adult members are elderly or disabled.
(B) Each household that is not required to file such periodic
reports shall be required to report or cause to be reported to
the State agency changes in income or household circumstances
that the Secretary considers necessary to assure accurate
eligibility and benefit determinations.
(C) A State agency may require periodic reporting on a monthly
basis by households residing on a reservation only if -
(i) the State agency reinstates benefits, without requiring a
new application, for any household residing on a reservation
that submits a report not later than 1 month after the end of
the month in which benefits would otherwise be provided;
(ii) the State agency does not delay, reduce, suspend, or
terminate the allotment of a household that submits a report
not later than 1 month after the end of the month in which the
report is due;
(iii) on March 25, 1994, the State agency requires households
residing on a reservation to file periodic reports on a monthly
basis; and
(iv) the certification period for households residing on a
reservation that are required to file periodic reports on a
monthly basis is 2 years, unless the State demonstrates just
cause to the Secretary for a shorter certification period.
(D) Frequency of reporting. -
(i) In general. - Except as provided in subparagraphs (A) and
(C), a State agency may require households that report on a
periodic basis to submit reports -
(I) not less often than once each 6 months; but
(II) not more often than once each month.
(ii) Reporting by households with excess income. - A
household required to report less often than once each 3 months
shall, notwithstanding subparagraph (B), report in a manner
prescribed by the Secretary if the income of the household for
any month exceeds the income standard of eligibility
established under 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 determines that a longer period of time is necessary,
(B) have available special procedures that permit the filing of
the required information in the event all adult members of the
household are mentally or physically handicapped or lacking in
reading or writing skills to such a degree as to be unable to
fill out the required forms, (C) have a reasonable period of time
after the close of the month in which to file their reports on
State agency designed forms, (D) be afforded prompt notice of
failure to file any report timely or completely, and given a
reasonable opportunity to cure that failure (with any applicable
time requirements extended accordingly) and to exercise its
rights under section 2020(e)(10) of this title, and (E) be
provided each month (or other applicable period) with an
appropriate, simple form for making the required reports of the
household together with clear instructions explaining how to
complete the form and the rights and responsibilities of the
household under any periodic reporting system.
(3) Reports required to be filed under paragraph (1) of this
subsection shall be considered complete if they contain the
information relevant to eligibility and benefit determinations
that is specified by the State agency. All report forms,
including those related to periodic reports of circumstances,
shall contain a description, in understandable terms in prominent
and bold face lettering, of the appropriate civil and criminal
provisions dealing with violations of this chapter including the
prescribed penalties. Reports required to be filed monthly under
paragraph (1) shall be the sole reporting requirement for subject
matter included in such reports. In promulgating regulations
implementing these reporting requirements, the Secretary shall
consult with the Commissioner of Social Security and the
Secretary of Health and Human Services, and, wherever feasible,
households that receive assistance under title IV-A of the Social
Security Act [42 U.S.C. 601 et seq.] and that are required 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 Security Act.
(4) Except as provided in paragraph (1)(C), any household that
fails to submit periodic reports required by paragraph (1) shall
not receive an allotment for the payment period to which the
unsubmitted report applies until such report is submitted.
(5) The Secretary is authorized, upon the request of a State
agency, to waive any provisions of this subsection (except the
provisions of the first sentence of paragraph (1) which relate to
households which are not required to file periodic reports) to
the extent necessary to permit the State agency to establish
periodic reporting requirements for purposes of this chapter
which are similar to the periodic reporting requirements
established under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) in that
State.
(d) Conditions of participation
(1) Work requirements. -
(A) In general. - No physically and mentally fit individual
over the age of 15 and under the age of 60 shall be eligible to
participate in the food stamp program if the individual -
(i) refuses, at the time of application and every 12 months
thereafter, to register for employment in a manner prescribed
by the Secretary;
(ii) refuses without good cause to participate in an
employment and training program established under paragraph
(4), to the extent required by the State agency;
(iii) refuses without good cause to accept an offer of
employment, at a site or plant not subject to a strike or
lockout at the time of the refusal, at a wage not less than the
higher of -
(I) the applicable Federal or State minimum wage; or
(II) 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 employment;
(iv) refuses without good cause to provide a State agency
with sufficient information to allow the State agency to
determine the employment status or the job availability of the
individual;
(v) voluntarily and without good cause -
(I) quits a job; or
(II) reduces work effort and, after the reduction, the
individual is working less than 30 hours per week; or
(vi) fails to comply with section 2029 of this title.
(B) Household ineligibility. - If an individual who is the head
of a household becomes ineligible to participate in the food
stamp program under subparagraph (A), the household shall, at the
option of the State agency, become ineligible to participate in
the food stamp program for a period, determined by the State
agency, that does not exceed the lesser of -
(i) the duration of the ineligibility of the individual
determined under subparagraph (C); or
(ii) 180 days.
(C) Duration of ineligibility. -
(i) First violation. - The first time that an individual
becomes ineligible to participate in the food stamp program
under subparagraph (A), the individual shall remain ineligible
until the later of -
(I) the date the individual becomes eligible under
subparagraph (A);
(II) the date that is 1 month after the date the individual
became ineligible; or
(III) a date determined by the State agency that is not
later than 3 months after the date the individual became
ineligible.
(ii) Second violation. - The second time that an individual
becomes ineligible to participate in the food stamp program
under subparagraph (A), the individual shall remain ineligible
until the later of -
(I) the date the individual becomes eligible under
subparagraph (A);
(II) the date that is 3 months after the date the
individual became ineligible; or
(III) a date determined by the State agency that is not
later than 6 months after the date the individual became
ineligible.
(iii) Third or subsequent violation. - The third or
subsequent time that an individual becomes ineligible to
participate in the food stamp program under subparagraph (A),
the individual shall remain ineligible until the later of -
(I) the date the individual becomes eligible under
subparagraph (A);
(II) the date that is 6 months after the date the
individual became ineligible;
(III) a date determined by the State agency; or
(IV) at the option of the State agency, permanently.
(D) Administration. -
(i) Good cause. - The Secretary shall determine the meaning
of good cause for the purpose of this paragraph.
(ii) Voluntary quit. - The Secretary shall determine the
meaning of voluntarily quitting and reducing work effort for
the purpose of this paragraph.
(iii) Determination by state agency. -
(I) In general. - Subject to subclause (II) and clauses (i)
and (ii), a State agency shall determine -
(aa) the meaning of any term used in subparagraph (A);
(bb) the procedures for determining whether an individual
is in compliance with a requirement under subparagraph (A);
and
(cc) whether an individual is in compliance with a
requirement under subparagraph (A).
(II) Not less restrictive. - 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 comparable meaning, procedure, or
determination 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 employee of the Federal Government, a
State, or a political subdivision of a State, who is dismissed
for participating in a strike against the Federal Government,
the State, or the political subdivision of the State shall be
considered to have voluntarily quit without good cause.
(v) Selecting a head of household. -
(I) In general. - For purposes of this paragraph, the State
agency shall allow the household to select any adult parent
of a child in the household as the head of the household if
all adult household members making application under the food
stamp 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 food
stamp program, but may not change the designation during a
certification period unless there is a change in the
composition of the household.
(vi) Change in head of household. - If the head of a
household leaves the household during a period in which the
household is ineligible to participate in the food stamp
program under subparagraph (B) -
(I) the household shall, if otherwise eligible, become
eligible to participate in the food stamp program; and
(II) if the head of the household becomes the head of
another household, the household that becomes headed by the
individual shall become ineligible to participate in the food
stamp 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 subject to and
complying with a work registration requirement under title IV of
the Social Security Act, as amended (42 U.S.C. 602), or the
Federal-State unemployment compensation system, in which case,
failure by such person to comply with any work requirement to which
such person is subject shall be the same as failure to comply with
that requirement of paragraph (1); (B) a parent or other member of
a household with responsibility for the care of a dependent child
under age six or of an incapacitated person; (C) a bona fide
student enrolled at least half time in any recognized school,
training program, or institution of higher education (except that
any such person enrolled in an institution of higher education
shall be ineligible to participate in the food stamp program unless
he or she meets the requirements of subsection (e) of this
section); (D) a regular participant in a drug addiction or
alcoholic treatment and rehabilitation program; (E) employed a
minimum of thirty hours per week or receiving weekly earnings which
equal the minimum hourly rate under the Fair Labor Standards Act of
1938, as amended (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 attending school, or enrolled in an
employment training program, on at least a half-time basis. A State
that requested a waiver to lower the age specified in subparagraph
(B) and had the waiver denied by the Secretary as of 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.
(3) Notwithstanding any other provision of law, a household shall
not participate in the food stamp program at any time that any
member of such household, not exempt from the work registration
requirements of paragraph (1) of this subsection, is on strike as
defined in section 142(2) of title 29, because 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 food stamp program as a result of one of its
members going on strike if the household was eligible for food
stamps immediately prior to such strike, however, such household
shall not receive an increased allotment as the result of a
decrease in the income of the striking member or members of the
household: Provided further, That such ineligibility shall not
apply to any household that does not contain a member on strike, if
any of its members refuses to accept employment at a plant or site
because of a strike or lockout.
(4) Employment and training. -
(A) In general. -
(i) Implementation. - Each State agency shall implement an
employment and training program designed by the State agency
and approved by the Secretary for the purpose of assisting
members of households participating in the food stamp program
in gaining skills, training, work, or experience that will
increase their ability to obtain regular employment.
(ii) Statewide workforce development system. - Each component
of an employment and training program carried out under this
paragraph shall be delivered through a statewide workforce
development system, unless the component is not available
locally through such a system.
(B) For purposes of this chapter, an "employment and training
program" means a program that contains one or more of the
following components, 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:
(i) Job search programs.
(ii) Job search training programs that include, to the extent
determined appropriate by the State agency, reasonable job
search training and support activities that may consist of jobs
skills assessments, job finding clubs, training in techniques
for employability, job placement services, or other direct
training or support activities, including educational programs,
determined by the State agency to expand the job search
abilities or employability of those subject to the program.
(iii) Workfare programs operated under section 2029 of this
title.
(iv) Programs designed to improve the employability of
household members through actual work experience or training,
or both, and to enable individuals employed or trained under
such programs to move promptly into regular public or private
employment. An employment or training experience program
established under this clause shall -
(I) not provide any work that has the effect of replacing
the employment of an individual not participating in the
employment or training experience program; and
(II) provide the same benefits and working conditions that
are provided at the job site to employees performing
comparable work for comparable hours.
(v) Educational programs or activities to improve basic
skills and literacy, or otherwise improve employability,
including educational programs determined by the State agency
to expand the job search abilities or employability of those
subject to the program under this paragraph.
(vi) Programs designed to increase the self-sufficiency of
recipients through self-employment, including programs that
provide instruction for self-employment ventures.
(vii) As approved by the Secretary or the State under
regulations issued by the Secretary, other employment,
educational and training programs, projects, and experiments,
such as a supported work program, aimed at accomplishing the
purpose of the employment and training program.
(C) The State agency may provide that participation in an
employment and training program may supplement or supplant other
employment-related requirements imposed on those subject to the
program.
(D)(i) Each State agency may exempt from any requirement for
participation in any program under this paragraph categories of
household members.
(ii) Each State agency may exempt from any requirement for
participation individual household members not included in any
category designated as exempt under clause (i).
(iii) Any exemption of a category or individual under this
subparagraph shall be periodically evaluated to determine whether
the exemption continues to be valid.
(E) Each State agency shall establish requirements for
participation by individuals not exempt under subparagraph (D) in
one or more employment and training programs under this
paragraph, including the extent to which any individual is
required to participate. Such requirements may vary among
participants.
(F)(i) The total hours of work in an employment and training
program carried out under this paragraph required of members of a
household, together with the hours of work of such members in any
program carried out under 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 household, 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 exceed one hundred and twenty hours per month.
(G) The State agency may operate any program component under
this paragraph in which individuals elect to participate.
(H) Federal funds made available to a State agency for purposes
of the component authorized under subparagraph (B)(v) shall not
be used to supplant non-Federal funds used for existing services
and activities that promote the purposes of this component.
(I)(i) The State agency shall provide payments or
reimbursements to participants in programs carried out under this
paragraph, including individuals participating under subparagraph
(G), for -
(I) the actual costs of transportation and other actual costs
(other than dependent care costs), that are reasonably
necessary and directly related to participation in the program;
and
(II) 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 [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 services provided for or
arranged under clause (ii), or any amount received as a payment
or reimbursement under clause (i), shall -
(I) not be treated as income for the purposes of any other
Federal or federally assisted program that bases eligibility
for, or the amount of benefits on, need; and
(II) not be claimed as an employment-related expense for the
purposes of the credit provided under section 21 of title 26.
(J) The Secretary shall promulgate guidelines that (i) enable
State agencies, to the maximum extent practicable, to design and
operate an employment and training program that is compatible and
consistent with similar programs operated within the State, and
(ii) ensure, to the maximum extent practicable, that employment
and training programs are provided for Indians on reservations.
(K) Limitation on funding. - Notwithstanding any other
provision of this paragraph, the amount of funds a State agency
uses to carry out this paragraph (including funds used to carry
out subparagraph (I)) for participants who are receiving benefits
under a State program funded under part A of title IV of the
Social Security Act (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)(22) (!1)
of this title.
(M) The facilities 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 [29 U.S.C. 2801
et seq.] may be used to find employment and training
opportunities for household members under the programs under this
paragraph.
(e) Students
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 the individual is enrolled at least
half-time in an institution of higher education, unless the
individual -
(1) is under age 18 or is age 50 or older;
(2) is not physically or mentally fit;
(3) is assigned to or placed in an institution of higher
education through or in compliance with the requirements of -
(A) a program under title I of the Workforce Investment Act
of 1998 [29 U.S.C. 2801 et seq.];
(B) an employment and training program under this section;
(C) a program under section 2296 of title 19; or
(D) another program for the purpose of employment and
training operated by a State or local government, as determined
to be appropriate by the Secretary;
(4) is employed a minimum of 20 hours per week or participating
in a State or federally financed work study program during the
regular school year;
(5) is -
(A) a parent with responsibility for the care of a dependent
child under age 6; or
(B) a parent with responsibility for the care of a dependent
child above the age of 5 and under the age of 12 for whom
adequate child care is not available to enable the individual
to attend class and satisfy the requirements of paragraph (4);
(6) is 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.);
(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 institution, and is a single
parent with responsibility 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 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 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 food stamp
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 food stamp program under
this subsection shall be considered in determining the eligibility
and the value of the allotment of the household of which such
individual is a member.
(g) Residents of States which provide State supplementary payments
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.
(h) Transfer of assets to qualify
No household that knowingly transfers assets for the purpose of
qualifying or attempting to qualify for the food stamp program
shall be eligible to participate in the program for a period of up
to one year from the date of discovery of the transfer.
(i) Comparable treatment for disqualification
(1) In general
If a disqualification is imposed on a member of a household for
a failure of the member to perform an action required under a
Federal, State, or local law relating to a means-tested public
assistance program, the State agency may impose the same
disqualification on the member of the household under the food
stamp program.
(2) Rules and procedures
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 food stamp program.
(3) Application after disqualification period
A member of a household disqualified under paragraph (1) may,
after the disqualification period has expired, apply for benefits
under this chapter and shall be treated as a new applicant,
except that a prior disqualification under subsection (d) of this
section shall be considered in determining eligibility.
(j) Disqualification for receipt of multiple food stamp benefits
An individual shall be ineligible to participate in the food
stamp 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 food stamp program.
(k) Disqualification of fleeing felons
No member of a household who is otherwise eligible to participate
in the food stamp 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 -
(1) fleeing to avoid prosecution, or custody or confinement
after conviction, under the law of the place from which the
individual is fleeing, for a crime, or attempt to commit a crime,
that is a felony under the law of the place from which the
individual is fleeing or that, in the case of New Jersey, is a
high misdemeanor under the law of New Jersey; or
(2) violating a condition of probation or parole imposed under
a Federal or State law.
(l) Custodial parent's cooperation with child support 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 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 food stamp 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.) -
(A) in establishing the paternity of the child (if the child
is born out of wedlock); and
(B) in obtaining support for -
(i) the child; or
(ii) the individual and the child.
(2) Good cause for noncooperation
Paragraph (1) shall not apply to the individual if good cause
is found for refusing to cooperate, as determined by the State
agency in accordance with standards prescribed by the Secretary
in consultation with the Secretary of Health and Human Services.
The standards shall take into consideration circumstances under
which cooperation may be against the best interests of the child.
(3) Fees
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
individual") shall not be eligible to participate in the food
stamp 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.) -
(A) in establishing the paternity of the child (if the child
is born out of wedlock); and
(B) in providing support for the child.
(2) Refusal to cooperate
(A) Guidelines
The Secretary, in consultation with the Secretary of Health
and Human Services, shall develop guidelines on what
constitutes a refusal to cooperate under paragraph (1).
(B) Procedures
The State agency shall develop procedures, using guidelines
developed under subparagraph (A), for determining whether an
individual is refusing to cooperate under paragraph (1).
(3) Fees
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 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.
(n) Disqualification for child support arrears
(1) In general
At the option of a State agency, no individual shall be
eligible to participate in the food stamp program as a member of
any household during any month that the individual is delinquent
in any payment due under a court order for the support of a child
of the individual.
(2) Exceptions
Paragraph (1) shall not apply if -
(A) a court is allowing the individual to delay payment; or
(B) the individual is complying with a payment plan approved
by a court or the State agency designated under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.) to
provide support for the child of the individual.
(o) Work requirement
(1) "Work program" defined
In this subsection, the term "work program" means -
(A) a program under the (!2) title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.];
(B) a program under section 2296 of title 19; and
(C) a program of employment and training operated or
supervised by a State or political subdivision of a State that
meets standards approved by the Governor of the State,
including a program under subsection (d)(4) of this section,
other than a job search program or a job search training
program.
(2) Work requirement
Subject to the other provisions of this subsection, no
individual shall be eligible to participate in the food stamp
program as a member of any household if, during the preceding
36-month period, the individual received food stamp benefits for
not less than 3 months (consecutive or otherwise) during which
the individual did not -
(A) work 20 hours or more per week, averaged monthly;
(B) participate in and comply with the requirements of a work
program for 20 hours or more per week, as determined by the
State agency;
(C) participate in and comply with the requirements of a
program under section 2029 of this title or a comparable
program established by a State or political subdivision of a
State; or
(D) receive benefits pursuant to paragraph (3), (4), (5), or
(6).
(3) Exception
Paragraph (2) shall not apply to an individual if the
individual is -
(A) under 18 or over 50 years of age;
(B) medically certified as physically or mentally unfit for
employment;
(C) a parent or other member of a household with
responsibility for a dependent child;
(D) otherwise exempt under subsection (d)(2) of this section;
or
(E) a pregnant woman.
(4) Waiver
(A) In general
On the request of a State agency, the Secretary may waive the
applicability of paragraph (2) to any group of individuals in
the State if the Secretary makes a determination that the area
in which the individuals reside -
(i) has an unemployment rate of over 10 percent; or
(ii) does not have a sufficient number of jobs to provide
employment for the individuals.
(B) Report
The Secretary shall report the basis for a waiver under
subparagraph (A) to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(5) Subsequent eligibility
(A) Regaining eligibility
An individual denied eligibility under paragraph (2) shall
regain eligibility to participate in the food stamp program if,
during a 30-day period, the individual -
(i) works 80 or more hours;
(ii) participates in and complies with the requirements of
a work program for 80 or more hours, as determined by a State
agency; or
(iii) participates in and complies with the requirements of
a program under section 2029 of this title or a comparable
program established by a State or political subdivision of a
State.
(B) Maintaining eligibility
An individual who regains eligibility under subparagraph (A)
shall remain eligible as long as the individual meets the
requirements of subparagraph (A), (B), or (C) of paragraph (2).
(C) Loss of employment
(i) In general
An individual who regained eligibility under subparagraph
(A) and who no longer meets the requirements of subparagraph
(A), (B), or (C) of paragraph (2) shall remain eligible for a
consecutive 3-month period, beginning on the date the
individual first notifies the State agency that the
individual no longer meets the requirements of subparagraph
(A), (B), or (C) of paragraph (2).
(ii) Limitation
An individual shall not receive any benefits pursuant to
clause (i) for more than a single 3-month period in any
36-month period.
(6) 15-percent exemption
(A) Definitions
In this paragraph:
(i) Caseload
The term "caseload" means the average monthly number of
individuals receiving food stamps during the 12-month period
ending the preceding June 30.
(ii) Covered individual
The term "covered individual" means a food stamp recipient,
or an individual denied eligibility for food stamp benefits
solely due to paragraph (2), who -
(I) is not eligible for an exception under paragraph (3);
(II) does not reside in an area covered by a waiver
granted under paragraph (4);
(III) is not complying with subparagraph (A), (B), or (C)
of paragraph (2);
(IV) is not receiving food stamp benefits during the 3
months of eligibility provided under paragraph (2); and
(V) is not receiving food stamp benefits under paragraph
(5).
(B) General rule
Subject to subparagraphs (C) through (G), a State agency may
provide an exemption from the requirements of paragraph (2) for
covered individuals.
(C) Fiscal year 1998
Subject to subparagraphs (E) and (G), 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.
(D) Subsequent fiscal years
Subject to subparagraphs (E) through (G), for fiscal year
1999 and each subsequent fiscal year, 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 food stamp recipients covered by waivers granted
under paragraph (4).
(E) Caseload adjustments
The Secretary shall adjust the number of individuals
estimated for a State under subparagraph (C) or (D) during a
fiscal year if the number of food stamp recipients in the State
varies from the State's caseload by more than 10 percent, as
determined by the Secretary.
(F) Exemption adjustments
During fiscal year 1999 and each subsequent fiscal year, the
Secretary shall increase or decrease the number of individuals
who may be granted an exemption by a State agency under this
paragraph to the extent that the average monthly number of
exemptions in effect in the State for the preceding fiscal year
under this paragraph is lesser or greater than the average
monthly number of exemptions estimated for the State agency for
such preceding fiscal year under this paragraph.
(G) Reporting requirement
A State agency shall submit such reports to the Secretary as
the Secretary determines are necessary to ensure compliance
with this paragraph.
(7) Other program rules
Nothing in this subsection shall make an individual eligible
for benefits under this chapter if the individual is not
otherwise eligible for benefits under the other provisions of
this chapter.
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