Notes on 7 U.S.C. § 2015 : US Code - Notes

Search Notes on 7 U.S.C. § 2015 : US Code - Notes

(Pub. L. 88-525, Sec. 6, Aug. 31, 1964, 78 Stat. 704; Pub. L. 94-
339, Sec. 3, July 5, 1976, 90 Stat. 800; Pub. L. 95-113, title
XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 964; Pub. L. 96-58, Secs.
5, 9, Aug. 14, 1979, 93 Stat. 391, 392; Pub. L. 96-249, title I,
Secs. 109, 110, 114, 115, 139, 140, May 26, 1980, 94 Stat. 359,
361, 370; Pub. L. 97-35, title I, Secs. 108(b), (c), 109, 112, Aug.
13, 1981, 95 Stat. 361, 362; Pub. L. 97-98, title XIII, Secs. 1310,
1311, Dec. 22, 1981, 95 Stat. 1284, 1285; Pub. L. 97-253, title I,
Secs. 145(e), 154-161, 189(b)(1), 190(a), (b), Sept. 8, 1982, 96
Stat. 774, 777, 778, 787; Pub. L. 98-204, Secs. 5, 6, Dec. 2, 1983,
97 Stat. 1385, 1386; Pub. L. 99-198, title XV, Secs. 1513(b), 1516,
1517(a), Dec. 23, 1985, 99 Stat. 1571-1573; Pub. L. 100-435, title
II, Sec. 202(b), (c), title IV, Sec. 404(a)-(d), Sept. 19, 1988,
102 Stat. 1656, 1665-1667; Pub. L. 101-624, title XVII, Secs. 1723-
1726(b)(1), (c), (d), 1727, Nov. 28, 1990, 104 Stat. 3786-3788;
Pub. L. 102-237, title IX, Secs. 907, 941(3), Dec. 13, 1991, 105
Stat. 1885, 1892; Pub. L. 103-66, title XIII, Secs. 13922(b),
13942, Aug. 10, 1993, 107 Stat. 675, 677; Pub. L. 103-225, title I,
Secs. 101(a), 104(b), Mar. 25, 1994, 108 Stat. 106, 107; Pub. L.
103-296, title I, Sec. 108(f)(1), (2), Aug. 15, 1994, 108 Stat.
1486, 1487; Pub. L. 104-193, title I, Sec. 109(b), title VIII,
Secs. 813-815(a), 816, 817(a), 818, 819(a), (c), 820-824(a), Aug.
22, 1996, 110 Stat. 2169, 2314, 2315, 2318, 2320-2323; Pub. L. 104-
208, div. C, title III, Sec. 308(g)(7)(D)(i), Sept. 30, 1996, 110
Stat. 3009-624; Pub. L. 105-33, title I, Sec. 1001, Aug. 5, 1997,
111 Stat. 251; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(2)(B), (f)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-418, 2681-429; Pub. L. 107-171, title IV, Secs. 4109,
4115(b)(2), 4121(c), May 13, 2002, 116 Stat. 309, 315, 324.)
REFERENCES IN TEXT                        
The Social Security Act, referred to in subsecs. (c)(3), (5),
(d)(1)(D)(iii)(II), (2), (4)(I)(i)(II), (K), (e)(6), (7), (g),
(i)(2), (l)(1), (3), (m), and (n)(2)(B), is act Aug. 14, 1935, ch.
531, 49 Stat. 620, as amended, which is classified generally to
chapter 7 (Sec. 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 (Sec. 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 (Sec. 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 (Sec. 601 et seq.) and XVI
(Sec. 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, as amended, referred to in
subsec. (d)(2), (4)(F)(i), is act June 25, 1938, ch. 676, 52 Stat.
1060, as amended, which is classified generally to chapter 8 (Sec.
201 et seq.) of Title 29, Labor. For complete classification of
this Act to the Code, see section 201 of Title 29 and Tables.
Section 2020(e)(22) of this title, referred to in subsec.
(d)(4)(L), was redesignated section 2020(e)(21) of this title by
Pub. L. 104-193, title VIII, Sec. 835(1)(D)(i), Aug. 22, 1996, 110
Stat. 2330.
The Workforce Investment Act of 1998, referred to in subsecs.
(d)(4)(M), (e)(3)(A), and (o)(1)(A), is Pub. L. 105-220, Aug. 7,
1998, 112 Stat. 936, as amended. Title I of the Act is classified
principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short
Title note set out under section 9201 of Title 20, Education, and
Tables.
Section 212(a) of Pub. L. 93-66, referred to in subsec. (g), is
Pub. L. 93-66, title II, Sec. 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.
AMENDMENTS                            
2002 - Subsec. (c). Pub. L. 107-171, Sec. 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, Sec. 4109(1), struck out "on
a monthly basis" after "periodic reports".
Subsec. (c)(1)(D). Pub. L. 107-171, Sec. 4109(2), added subpar.
(D).
Subsec. (d)(4)(I)(i)(I). Pub. L. 107-171, Sec. 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, Sec. 101(f) [title
VIII, Sec. 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, Sec. 101(f) [title VIII, Sec. 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, Sec. 101(f) [title VIII, Sec.
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, Sec. 101(f) [title VIII, Sec. 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, Sec. 101(f) [title VIII, Sec.
405(f)(2)(B)(iii)], struck out "Job Training Partnership Act or"
before "title I".
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
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, Sec. 1001(1),
substituted "(5), or (6)" for "or (5)".
Subsec. (o)(6), (7). Pub. L. 105-33, Sec. 1001(2), (3), added
par. (6) and redesignated former par. (6) as (7).
1996 - Subsec. (b)(1)(i). Pub. L. 104-193, Sec. 813(1),
substituted "1 year" for "six months".
Subsec. (b)(1)(ii). Pub. L. 104-193, Sec. 813(2), substituted "2
years" for "1 year".
Subsec. (b)(1)(iii)(IV). Pub. L. 104-193, Sec. 814, added subcl.
(IV).
Subsec. (c)(5). Pub. L. 104-193, Sec. 109(b)(1), substituted "the
State program funded" for "the State plan approved".
Subsec. (d). Pub. L. 104-193, Sec. 815(a), inserted subsec.
heading.
Subsec. (d)(1). Pub. L. 104-193, Sec. 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, Secs. 816, 819(c), struck out
"that is comparable to a requirement of paragraph (1)" after
"person is subject" in cl. (A) and inserted at end "A State that
requested a waiver to lower the age 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, Sec. 817(a)(1), inserted par.
heading.
Subsec. (d)(4)(A). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 817(a)(9)(B),
redesignated subpars. (M) and (N) as (L) and (M), respectively.
Subsec. (e)(6). Pub. L. 104-193, Sec. 109(b)(2), substituted
"benefits under a State program funded" for "aid to families with
dependent children".
Subsec. (f). Pub. L. 104-193, Sec. 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, Sec. 819(a), added subsec. (i).
Subsec. (j). Pub. L. 104-193, Sec. 820, added subsec. (j).
Subsec. (k). Pub. L. 104-193, Sec. 821, added subsec. (k).
Subsecs. (l), (m). Pub. L. 104-193, Sec. 822, added subsecs. (l)
and (m).
Subsec. (n). Pub. L. 104-193, Sec. 823, added subsec. (n).
Subsec. (o). Pub. L. 104-193, Sec. 824(a), added subsec. (o).
1994 - Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 103-225, Sec.
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, Sec. 101(a)(2), added subpar.
(C).
Subsec. (c)(3). Pub. L. 103-296, Sec. 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, Sec. 104(b), substituted "Except
as provided in paragraph (1)(C), any" for "Any".
Subsec. (g). Pub. L. 103-296, Sec. 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, Sec. 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, Sec. 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, Sec. 941(3)(A),
realigned margin.
Subsec. (d)(1)(A). Pub. L. 102-237, Sec. 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, Sec. 941(3)(C),
substituted "Secretary," for "Secretary,," and "aimed at" for
"aimed an".
Subsec. (d)(4)(D)(iii). Pub. L. 102-237, Sec. 941(3)(D),
substituted "clause (i) or (ii)" for "clauses (i) or (ii)".
Subsec. (d)(4)(I)(i)(II). Pub. L. 102-237, Sec. 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, Sec. 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, Sec. 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, Sec. 1723,
added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii)
and (iv), respectively.
Subsec. (c)(2)(C). Pub. L. 101-624, Sec. 1724(1), substituted
"State agency designed forms" for "forms approved by the
Secretary".
Subsec. (c)(3). Pub. L. 101-624, Sec. 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, Sec. 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, Sec. 1726(a), inserted
"and literacy," after "basic skills".
Subsec. (d)(4)(B)(vi), (vii). Pub. L. 101-624, Sec. 1726(b)(1),
added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (d)(4)(E). Pub. L. 101-624, Sec. 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, Sec. 1726(d),
substituted "October" for "April".
Subsec. (e). Pub. L. 101-624, Sec. 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, Sec. 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, Sec. 202(c), added cl. (E).
Subsec. (d)(4)(B)(i). Pub. L. 100-435, Sec. 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, Sec. 404(a)(3), (4), added
cl. (v). Former cl. (v) redesignated (vi).
Subsec. (d)(4)(B)(vi). Pub. L. 100-435, Sec. 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, Sec. 404(b), added subpar.
(H). Former subpar. (H) redesignated (I).
Subsec. (d)(4)(I). Pub. L. 100-435, Sec. 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, Sec. 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, Sec. 404(b)(1), (d), added
subpar. (L) and redesignated former subpar. (L) as (N).
Subsec. (d)(4)(M), (N). Pub. L. 100-435, Sec. 404(b)(1),
redesignated former subpars. (K) and (L) as (M) and (N),
respectively.
1985 - Subsec. (c)(1). Pub. L. 99-198, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1516(1)(D), added cl.
(B).
Subsec. (d)(2)(F). Pub. L. 99-198, Sec. 1516(3), added cl. (F).
Subsec. (d)(4). Pub. L. 99-198, Sec. 1517(a)(2), added par. (4).
Subsec. (e)(2). Pub. L. 99-198, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 156, added par. (5).
Subsec. (d)(1). Pub. L. 97-253, Secs. 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, Secs. 159, 190(a),
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, Sec. 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, Secs. 160, 190(b),
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, Sec. 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, Sec. 161, added
subpars. (C) and (D) and redesignated former subpar. (C) as (E).
Subsec. (g)(2). Pub. L. 97-253, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 114, added par. (4).
Subsec. (e). Pub. L. 96-249, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
EFFECTIVE DATE OF 2002 AMENDMENT                 
Pub. L. 107-171, title IV, Sec. 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, Sec. 405(d)(2)(B)] of
Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
101(f) [title VIII, Sec. 405(f)(2)(B)] of Pub. L. 105-277 effective
July 1, 2000, see section 101(f) [title VIII, Sec. 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                 
Section 1005(b) of Pub. L. 105-33 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.
Section 108(c) of Pub. L. 97-35 provided that the amendment made
by that section 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                 
Section 1301 of Pub. L. 95-113 provided that the amendment made
by that section is effective Oct. 1, 1977.
REGULATIONS                            
Section 1005(a) of title I of Pub. L. 105-33 provided that: "Not
later than 1 year after the date of enactment of this Act [Aug. 5,
1997], the Secretary of Agriculture shall promulgate such
regulations as are necessary to implement the amendments made by
this title [amending this section and sections 2020 and 2025 of
this title]."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
TRANSITION PROVISION FOR WORK REQUIREMENT             
Section 824(b) of Pub. L. 104-193 provided that: "The term
'preceding 36-month period' in section 6(o) of the Food Stamp Act
of 1977 [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
Section 908(a)(2) of Pub. L. 102-237, as amended by Pub. L. 103-
11, Sec. 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103-205, Sec. 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, Sec.
104(a), Mar. 25, 1994, 108 Stat. 107.
MANDATORY MONTHLY REPORTING-RETROSPECTIVE BUDGETING FOR FOOD STAMP
PROGRAM; PROHIBITION
Pub. L. 98-107, Sec. 101(b), Oct. 1, 1983, 97 Stat. 735, provided
in part: "That notwithstanding any other provision of this joint
resolution, no part of any of the funds appropriated or otherwise
made available by this or any other Act may be used to implement
mandatory monthly reporting-retrospective budgeting for the food
stamp program during the first three months of the fiscal year
ending September 30, 1984".
(!1) See References in Text note below.
(!2) So in original. The word "the" probably should not appear.