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Code · STATUTE-COMPILATIONS · Personal Responsibility and Work Opportunity Reconciliation Act of 1996 · Sec. 815

Sec. 815. DISQUALIFICATION

1,360 words·~6 min read·/statute-compilations/comps-1793/sec-815

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## SEC. 815 DISQUALIFICATION ###
(a)In General Section 6(d) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)) is amended by striking “ (d)(1) Unless otherwise exempted by the provisions ” and all that follows through the end of paragraph
(1)and inserting the following: > > ### “(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 20. > > > ##### “(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 subpara-graph (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 Act 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.” > . ###
(b)Conforming Amendment ####
(1)The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “6(d)(1)(i)” and inserting “6(d)(1)(A)(i)”. ####
(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.” > .
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