Pub. L. 104-193, tit. VIII, subtit. A, sec. 824 (as amended)
WORK REQUIREMENT.
SEC. 824. WORK REQUIREMENT.
(a) In General.—Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 823, is amended by adding at the end the following:
“(o) Work Requirement.—
“(1) Definition of work program.—In this subsection, the term ‘work program’ means—
“(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);
“(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); 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), 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 20 or a comparable program established by a State or political subdivision of a State; or
“(D) receive benefits pursuant to paragraph (3), (4), or (5).
“(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); 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 indi-viduals reside—
“(i) has an unemployment rate of over 10 per-cent; 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 20 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) Other program rules.—Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.”
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(b) [7 U.S.C. 2015 note] Transition Provision.—The term “preceding 36-month period” in section 6(o) of the Food Stamp Act of 1977, 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.
- Cross-references to the US Code
- 7 U.S.C. 2015 note