§ 2029. — Workfare.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2029]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 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.
(Pub. L. 88-525, Sec. 20, as added Pub. L. 97-98, title XIII, Sec. 1333,
Dec. 22, 1981, 95 Stat. 1291; amended Pub. L. 97-253, title I,
Secs. 185-188, Sept. 8, 1982, 96 Stat. 786; Pub. L. 99-198, title XV,
Sec. 1517(d), Dec. 23, 1985, 99 Stat. 1577; Pub. L. 102-237, title IX,
Sec. 941(10), Dec. 13, 1991, 105 Stat. 1893; Pub. L. 104-193, title I,
Sec. 109(e), title VIII, Sec. 815(b)(2), Aug. 22, 1996, 110 Stat. 2170,
2317.)
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, 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.
The Social Security Act, referred to in subsec. (b)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title IV of the Act is
classified generally to subchapter IV (Sec. 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.
Amendments
1996--Subsec. (a)(2)(B). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Sec. 185, redesignated existing
provisions, formerly undesignated, as par. (1), and added par. (2).
Subsec. (b)(4). Pub. L. 97-253, Sec. 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, Sec. 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, Sec. 188, added par. (2) and
redesignated former par. (2) as (3).
Effective Date of 1996 Amendment
Amendment by section 109(e) 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 1991 Amendment
Amendment by Pub. L. 102-237 effective and to be implemented no
later than Feb. 1, 1992, 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 Sept.
8, 1982, 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 Oct. 1, 1982,
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 Sept. 8, 1982, 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.
Section Referred to in Other Sections
This section is referred to in sections 2015, 2026 of this title.
