Title 7 — Agriculture
Chapter 51 — Supplemental Nutrition Assistance Program
§ 2029. Workfare
Statutory text
Program plan; guidelines; compliance
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 supplemental nutrition assistance 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.].
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.
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.
Exempt household members
A household member shall be exempt from workfare requirements imposed under this section if such member is—
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;
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.);
mentally or physically unfit;
under sixteen years of age;
sixty years of age or older; or
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.
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.
Nature, conditions, and costs of work
The operating agency shall—
not provide any work that has the effect of replacing or preventing the employment of an individual not participating in the workfare program;
provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours; and
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.
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.
Disqualification
An individual or a household may become ineligible under section 2015(d)(1) of this title to participate in the supplemental nutrition assistance program for failing to comply with this section.
Payment of administrative expenses
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.
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.
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—
while such members are participating for the first time in a workfare program operated under this section; or
in the thirty-day period beginning on the date such first participation is terminated.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
The Food Stamp Act of 1964
Pub. L. 88–525 § 20 · 78 Stat. 703
Enacted · 7 U.S.C. § 2029
Pub. L. 88–525, § 20, as added Pub. L. 97–98, title XIII, § 1333, Dec. 22, 1981, 95 Stat. 1291
Source evidence
Code source credit
Pub. L. 88–525, § 20, as added Pub. L. 97–98, title XIII, § 1333, Dec. 22, 1981, 95 Stat. 1291Pub. L. 97–253 § 185 · 96 Stat. 786
Redesignated · 7 U.S.C. § 2029(a)
Pub. L. 97–253, § 185, redesignated existing provisions, formerly undesignated, as par. (1)
Added · 7 U.S.C. § 2029(a)
Pub. L. 97–253, § 185, added par. (2)
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–253, § 185, redesignated existing provisions, formerly undesignated, as par. (1), and added par. (2).Pub. L. 97–253 § 186 · 96 Stat. 786
Substituted · 7 U.S.C. § 2029(b)(4)
Pub. L. 97–253, § 186, substituted “at the option of the operating agency, subject to and currently actively and satisfactorily participating” for “subject to and currently involved”
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 97–253, § 186, substituted “at the option of the operating agency, subject to and currently actively and satisfactorily participating” for “subject to and currently involved”.Pub. L. 97–253 § 187 · 96 Stat. 786
Substituted · 7 U.S.C. § 2029(c)
Pub. L. 97–253, § 187, substituted “, 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” for “either exceeds twenty hours a week or would, together with any other hours worked in any other compensated capacity by such member on a regular or predictable part-time basis, exceed thirty hours a week”
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–253, § 187, substituted “, 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” for “either exceeds twenty hours a week or would, together with any other hours worked in any other compensated capacity by such member on a regular or predictable part-time basis, exceed thirty hours a week”.Pub. L. 97–253 § 188 · 96 Stat. 786
Added · 7 U.S.C. § 2029(g)(2); 7 U.S.C. § 2029(g)(3)
Pub. L. 97–253, § 188, added par. (2)
Redesignated · 7 U.S.C. § 2029(g)(2); 7 U.S.C. § 2029(g)(3)
Pub. L. 97–253, § 188, redesignated former par. (2) as (3)
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g)(2), (3). Pub. L. 97–253, § 188, added par. (2) and redesignated former par. (2) as (3).Food Security Act of 1985
Pub. L. 99–198 title XV § 1517(d) · 99 Stat. 1354
Changed · 7 U.S.C. § 2029(b)
Pub. L. 99–198 in amending subsec. (b) generally
Amended · 7 U.S.C. § 2029(b)
Pub. L. 99–198 in designated existing provisions of subsec. (b) as par. (1), reorganized and expanded provisions of par. (1) as thus designated, lowered minimum age for exempted household members from eighteen years to sixteen years
Added · 7 U.S.C. § 2029(b)
Pub. L. 99–198 in added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–198 in amending subsec. (b) generally, designated existing provisions of subsec. (b) as par. (1), reorganized and expanded provisions of par. (1) as thus designated, lowered minimum age for exempted household members from eighteen years to sixteen years, and added par. (2).Enacted provision · exact public law section
(d) Subsection (b) of section 20 of such Act (7 U.S.C. 2029(b)) is amended to read as follows: “(b) (1) A household member shall be exempt from workfare Workfare. requirements imposed under this section if such member is— “(A) exempt from section 6(d)(1) as the result of clause (B), (C), (D), (E), or (F) of section 6(d)(2); “(B) at the option of the operating agency, subject to and currently actively and satisfactorily participating at least 20 hours a week in a work training program required under title IV of the Social Security Act (42 U.S.C. 601 et seq.); “(C) mentally or physically unfit; “(D) under sixteen years of age; “(E) sixty years of age or older; or “(F) 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. “(2) (A) Subject to subparagraphs (B) and (C), in the case of a household that is exempt from work requirements imposed under this Act as the result of participation in a community work experience program established under section 409 of the Social Security Act (42 U.S.C. 609), the maximum number of hours in a month for which all members of such household may be required to participate in such program shall equal the result obtained by dividing— “(i) the amount of assistance paid to such household for such month under title IV of such Act, together with the value of the food stamp allotment of such household for such month; by “(ii) the higher of the Federal or State minimum wage in effect for such month. “(B) In no event may any such member be required to participate in such program more than 120 hours per month. “(C) For the purpose of subparagraph (A)(i), the value of the food stamp allotment of a household for a month shall be determined in accordance with regulations governing the issuance of an allotment to a household that contains more members than the number of members in an assistance unit established under title IV of such Act.”.Pub. L. 102–237 title IX § 941(10) · 105 Stat. 1818
Changed · 7 U.S.C. § 2029(g)(2)
Pub. L. 102–237 realigned the margins of subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B)
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 102–237 realigned the margins of subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B).Enacted provision · exact public law section
(10) in section 20(g)(2) (7 U.S.C. 2029(g)(2))— (A) by moving the margins of subparagraphs (A) and (B) 2 ems to the left; and (B) in subparagraph (B), by moving the margins of clauses (i) and (ii) 2 ems to the left; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(e)(1) · 110 Stat. 2105
Substituted · 7 U.S.C. § 2029(a)(2)(B)
Pub. L. 104–193, § 109(e)(1), substituted “operating any” for “operating—
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 104–193, § 109(e)(1), substituted “operating any” for “operating—“(i) a workfare program pursuant to title IV of the Social Security Act (42 U.S.C. 601 et seq.); or “(ii) any other”.
Enacted provision · exact public law section
(1) in subsection (a)(2)(B) by striking “operating—” and all that follows through “(ii) any other” and inserting “operating any”; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 109(e)(2) · 110 Stat. 2105
Struck · 7 U.S.C. § 2029(b)
Pub. L. 104–193, § 109(e)(2), struck out “(1)” before “A household member shall be exempt”
Redesignated · 7 U.S.C. § 2029(b)
Pub. L. 104–193, § 109(e)(2), redesignated subpars. (A) to (F) as pars. (1) to (6), respectively, in par. (2)
Substituted · 7 U.S.C. § 2029(b)
Pub. L. 104–193, § 109(e)(2), substituted “a work activity” for “a work training program”
Struck · 7 U.S.C. § 2029(b)
Pub. L. 104–193, § 109(e)(2), struck out former par. (2) which read as follows:
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–193, § 109(e)(2), struck out “(1)” before “A household member shall be exempt”, redesignated subpars. (A) to (F) as pars. (1) to (6), respectively, in par. (2), substituted “a work activity” for “a work training program”, and struck out former par. (2) which read as follows:“(2)(A) Subject to subparagraphs (B) and (C), in the case of a household that is exempt from work requirements imposed under this chapter as the result of participation in a community work experience program established under section 409 of the Social Security Act (42 U.S.C. 609), the maximum number of hours in a month for which all members of such household may be required to participate in such program shall equal the result obtained by dividing— “(i) the amount of assistance paid to such household for such month under title IV of such Act, together with the value of the food stamp allotment of such household for such month; by “(ii) the higher of the Federal or State minimum wage in effect for such month. “(B) In no event may any such member be required to participate in such program more than 120 hours per month. “(C) For the purpose of subparagraph (A)(i), the value of the food stamp allotment of a household for a month shall be determined in accordance with regulations governing the issuance of an allotment to a household that contains more members than the number of members in an assistance unit established under title IV of such Act.”
Enacted provision · exact public law section
(2) in subsection (b)— (A) in paragraph (1)— (i) by striking “(b)(1) A household” and inserting “(b) A household”; and (ii) in subparagraph (B), by striking “training program” and inserting “activity”; (B) by striking paragraph (2); and (C) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 815(b)(2) · 110 Stat. 2105
Added · 7 U.S.C. § 2029(f)
Pub. L. 104–193, § 815(b)(2), added subsec. (f)
Struck · 7 U.S.C. § 2029(f)
Pub. L. 104–193, § 815(b)(2), struck out former subsec. (f) which read as follows: “In the event that any person fails to comply with the requirements of this section, neither that person nor the household to which that person belongs shall be eligible to participate in the food stamp program for two months, unless that person or another person in the household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification period.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–193, § 815(b)(2), added subsec. (f) and struck out former subsec. (f) which read as follows: “In the event that any person fails to comply with the requirements of this section, neither that person nor the household to which that person belongs shall be eligible to participate in the food stamp program for two months, unless that person or another person in the household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification period.”Enacted provision · exact public law section
(2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C. 2029) is amended by striking subsection (f) and inserting the following: “(f) Disqualification.— An individual or a household may become ineligible under section 6(d)(1) to participate in the food stamp program for failing to comply with this section.”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4001(b) · 122 Stat. 1651
Substituted · 7 U.S.C. § 2029(a)(1); 7 U.S.C. § 2029(a)(f)
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”
Source evidence
Code amendment note
Subsecs. (a)(1), (f). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.Enacted provision · exact public law section
(b) Program.— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (a)) is amended by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”.Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4001(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
12 of 19 references resolved to an enrolled provision · 1 partial · 6 unresolved
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title IV of the Act is classified generally to subchapter IV (§ 601 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments1982–2008 · 5 rounds
2008
Subsecs. (a)(1), (f). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
1996
Subsec. (a)(2)(B). Pub. L. 104–193, § 109(e)(1), substituted “operating any” for “operating—
“(i) a workfare program pursuant to title IV of the Social Security Act (42 U.S.C. 601 et seq.); or
“(ii) any other”.
Subsec. (b). Pub. L. 104–193, § 109(e)(2), struck out “(1)” before “A household member shall be exempt”, redesignated subpars. (A) to (F) as pars. (1) to (6), respectively, in par. (2), substituted “a work activity” for “a work training program”, and struck out former par. (2) which read as follows:
“(2)(A) Subject to subparagraphs (B) and (C), in the case of a household that is exempt from work requirements imposed under this chapter as the result of participation in a community work experience program established under section 409 of the Social Security Act (42 U.S.C. 609), the maximum number of hours in a month for which all members of such household may be required to participate in such program shall equal the result obtained by dividing—
“(i) the amount of assistance paid to such household for such month under title IV of such Act, together with the value of the food stamp allotment of such household for such month; by
“(ii) the higher of the Federal or State minimum wage in effect for such month.
“(B) In no event may any such member be required to participate in such program more than 120 hours per month.
“(C) For the purpose of subparagraph (A)(i), the value of the food stamp allotment of a household for a month shall be determined in accordance with regulations governing the issuance of an allotment to a household that contains more members than the number of members in an assistance unit established under title IV of such Act.”
Subsec. (f). Pub. L. 104–193, § 815(b)(2), added subsec. (f) and struck out former subsec. (f) which read as follows: “In the event that any person fails to comply with the requirements of this section, neither that person nor the household to which that person belongs shall be eligible to participate in the food stamp program for two months, unless that person or another person in the household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification period.”
1991
Subsec. (g)(2). Pub. L. 102–237 realigned the margins of subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B).
1985
Subsec. (b). Pub. L. 99–198 in amending subsec. (b) generally, designated existing provisions of subsec. (b) as par. (1), reorganized and expanded provisions of par. (1) as thus designated, lowered minimum age for exempted household members from eighteen years to sixteen years, and added par. (2).
1982
Subsec. (a). Pub. L. 97–253, § 185, redesignated existing provisions, formerly undesignated, as par. (1), and added par. (2).
Subsec. (b)(4). Pub. L. 97–253, § 186, substituted “at the option of the operating agency, subject to and currently actively and satisfactorily participating” for “subject to and currently involved”.
Subsec. (c). Pub. L. 97–253, § 187, substituted “, 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” for “either exceeds twenty hours a week or would, together with any other hours worked in any other compensated capacity by such member on a regular or predictable part-time basis, exceed thirty hours a week”.
Subsec. (g)(2), (3). Pub. L. 97–253, § 188, added par. (2) and redesignated former par. (2) as (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 4001(b) of Pub. L. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 1996 Amendment
Amendment by section 109(e) of Pub. L. 104–193 effective , 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 1991 Amendment
Amendment by Pub. L. 102–237 effective and to be implemented no later than , see section 1101(d)(1) of Pub. L. 102–237, set out as a note under section 1421 of this title.
Effective Date of 1982 Amendment
Amendment by sections 185 to 187 of Pub. L. 97–253 effective , see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title.
Amendment by section 188 of Pub. L. 97–253 effective , see section 193(b) of Pub. L. 97–253, set out as a note under section 2012 of this title.
Effective Date
Section effective on earlier of , or date effective pursuant to section 1338 of Pub. L. 97–98, set out as an Effective Date of 1981 Amendment note under section 2012 of this title, which made the section effective on such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 192(b) of Pub. L. 97–253 set out as an Effective Date of 1982 Amendment note under section 2012 of this title.
Credits
1981–2008 · 7 acts
- 1981Pub. L. 88–525, § 20, as added Pub. L. 97–98, title XIII, § 1333, , 95 Stat. 1291
- 1982amended Pub. L. 97–253, title I, §§ 185–188, , 96 Stat. 786
- 1985Pub. L. 99–198, title XV, § 1517(d), , 99 Stat. 1577
- 1991Pub. L. 102–237, title IX, § 941(10), , 105 Stat. 1893
- 1996Pub. L. 104–193, title I, § 109(e), title VIII, § 815(b)(2), , 110 Stat. 2170, 2317
- 2008Pub. L. 110–234, title IV, § 4001(b), , 122 Stat. 1092
- 2008Pub. L. 110–246, § 4(a), title IV, § 4001(b), , 122 Stat. 1664, 1853.
Show as published
(Pub. L. 88–525, § 20, as added Pub. L. 97–98, title XIII, § 1333, , 95 Stat. 1291; amended Pub. L. 97–253, title I, §§ 185–188, , 96 Stat. 786; Pub. L. 99–198, title XV, § 1517(d), , 99 Stat. 1577; Pub. L. 102–237, title IX, § 941(10), , 105 Stat. 1893; Pub. L. 104–193, title I, § 109(e), title VIII, § 815(b)(2), , 110 Stat. 2170, 2317; Pub. L. 110–234, title IV, § 4001(b), , 122 Stat. 1092; Pub. L. 110–246, § 4(a), title IV, § 4001(b), , 122 Stat. 1664, 1853.)