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U.S. Code as of:
01/03/05
Section 2029. Workfare
(a) Program plan; guidelines; compliance
(1) The Secretary shall permit any political subdivision, in any
State, that applies and submits a plan to the Secretary in
compliance with guidelines promulgated by the Secretary to operate
a workfare program pursuant to which every member of a household
participating in the food stamp program who is not exempt by virtue
of the provisions of subsection (b) of this section shall accept an
offer from such subdivision to perform work on its behalf, or may
seek an offer to perform work, in return for compensation
consisting of the allotment to which the household is entitled
under section 2017(a) of this title, with each hour of such work
entitling that household to a portion of its allotment equal in
value to 100 per centum of the higher of the applicable State
minimum wage or the Federal minimum hourly rate under the Fair
Labor Standards Act of 1938 [29 U.S.C. 201 et seq.].
(2)(A) The Secretary shall promulgate guidelines pursuant to
paragraph (1) which, to the maximum extent practicable, enable a
political subdivision to design and operate a workfare program
under this section which is compatible and consistent with similar
workfare programs operated by the subdivision.
(B) A political subdivision may comply with the requirements of
this section by operating any workfare program which the Secretary
determines meets the provisions and protections provided under this
section.
(b) Exempt household members
A household member shall be exempt from workfare requirements
imposed under this section if such member is -
(1) exempt from section 2015(d)(1) of this title as the result
of clause (B), (C), (D), (E), or (F) of section 2015(d)(2) of
this title;
(2) at the option of the operating agency, subject to and
currently actively and satisfactorily participating at least 20
hours a week in a work activity required under title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(3) mentally or physically unfit;
(4) under sixteen years of age;
(5) sixty years of age or older; or
(6) a parent or other caretaker of a child in a household in
which another member is subject to the requirements of this
section or is employed fulltime.
(c) Valuation or duration of work
No operating agency shall require any participating member to
work in any workfare position to the extent that such work exceeds
in value the allotment to which the household is otherwise entitled
or that such work, when added to any other hours worked during such
week by such member for compensation (in cash or in kind) in any
other capacity, exceeds thirty hours a week.
(d) Nature, conditions, and costs of work
The operating agency shall -
(1) not provide any work that has the effect of replacing or
preventing the employment of an individual not participating in
the workfare program;
(2) provide the same benefits and working conditions that are
provided at the job site to employees performing comparable work
for comparable hours; and
(3) reimburse participants for actual costs of transportation
and other actual costs all of which are reasonably necessary and
directly related to participation in the program but not to
exceed $25 in the aggregate per month.
(e) Job search period
The operating agency may allow a job search period, prior to
making workfare assignments, of up to thirty days following a
determination of eligibility.
(f) Disqualification
An individual or a household may become ineligible under section
2015(d)(1) of this title to participate in the food stamp program
for failing to comply with this section.
(g) Payment of administrative expenses
(1) The Secretary shall pay to each operating agency 50 per
centum of all administrative expenses incurred by such agency in
operating a workfare program, including reimbursements to
participants for work-related expenses as described in subsection
(d)(3) of this section.
(2)(A) From 50 per centum of the funds saved from employment
related to a workfare program operated under this section, the
Secretary shall pay to each operating agency an amount not to
exceed the administrative expenses described in paragraph (1) for
which no reimbursement is provided under such paragraph.
(B) For purposes of subparagraph (A), the term "funds saved from
employment related to a workfare program operated under this
section" means an amount equal to three times the dollar value of
the decrease in allotments issued to households, to the extent that
such decrease results from wages received by members of such
households for the first month of employment beginning after the
date such members commence such employment if such employment
commences -
(i) while such members are participating for the first time in
a workfare program operated under this section; or
(ii) in the thirty-day period beginning on the date such first
participation is terminated.
(3) The Secretary may suspend or cancel some or all of these
payments, or may withdraw approval from a political subdivision to
operate a workfare program, upon a finding that the subdivision has
failed to comply with the workfare requirements.
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