Work requirement

Official source

(1) “Work program” defined In this subsection, the term “work program” means— (A) a program under title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.]; (B) a program under section 2296 of title 19 ; (C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a supervised job search program or job search training program; (D) a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary; and (E) a workforce partnership under subsection (d)(4)(N).

(2) Work requirement Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not— (A) work 20 hours or more per week, averaged monthly; (B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency; (C) participate in and comply with the requirements of a program under section 2029 of this title or a comparable program established by a State or political subdivision of a State; or (D) receive benefits pursuant to paragraph (3), (4), (5), or (6).

(3) Exceptions Paragraph (2) shall not apply to an individual if the individual is— (A) under 18, or over 65, years of age; (B) medically certified as physically or mentally unfit for employment; (C) a parent or other member of a household with responsibility for a dependent child under 14 years of age; (D) otherwise exempt under subsection (d)(2); (E) a pregnant woman; (F) an Indian or an Urban Indian (as such terms are defined in paragraphs (13) and (28) of section 1603 of title 25 ); or (G) a California Indian described in section 1679(a) of title 25 .

(4) Waiver (A) In general On the request of a State agency and with the support of the chief executive officer of the State, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside— (i) has an unemployment rate of over 10 percent; or (ii) is in a noncontiguous State and has an unemployment rate that is at or above 1.5 times the national unemployment rate. (B) Report The Secretary shall report the basis for a waiver under subparagraph (A) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (C) Definition of noncontiguous State (i) In general In this paragraph, the term “noncontiguous State” means a State that is not 1 of the contiguous 48 States or the District of Columbia. (ii) Exclusions The term “noncontiguous State” does not include Guam or the Virgin Islands of the United States.

(5) Subsequent eligibility (A) Regaining eligibility An individual denied eligibility under paragraph (2) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual— (i) works 80 or more hours; (ii) participates in and complies with the requirements of a work program for 80 or more hours, as determined by a State agency; or (iii) participates in and complies with the requirements of a program under section 2029 of this title or a comparable program established by a State or political subdivision of a State. (B) Maintaining eligibility An individual who regains eligibility under subparagraph (A) shall remain eligible as long as the individual meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). (C) Loss of employment (i) In general An individual who regained eligibility under subparagraph (A) and who no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of subparagraph (A), (B), or (C) of paragraph (2). (ii) Limitation An individual shall not receive any benefits pursuant to clause (i) for more than a single 3-month period in any 36-month period.

(6) Exemptions (A) Definitions In this paragraph: (i) Caseload The term “caseload” means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30. (ii) Covered individual The term “covered individual” means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who— (I) is not eligible for an exception under paragraph (3); (II) does not reside in an area covered by a waiver granted under paragraph (4); (III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); (IV) is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided under paragraph (2); and (V) is not receiving supplemental nutrition assistance program benefits under paragraph (5). (B) General rule Subject to subparagraphs (C) through (I), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. (C) Fiscal year 1998 Subject to subparagraphs (G) and (I), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 2025(c) of this title for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. (D) Fiscal years 1999 through 2019 Subject to subparagraphs (G) through (I), for fiscal year 1999 and each subsequent fiscal year through fiscal year 2019, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4). (E) Fiscal years 2020 through 2023 Subject to subparagraphs (G) through (I), for fiscal year 2020 and each subsequent fiscal year through fiscal year 2023, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4). (F) Subsequent fiscal years Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4) 1 1 So in original. Probably should be followed by a period. (G) Caseload adjustments The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C), (D),, 2 2 So in original. (E) or (F) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary. (H) Exemption adjustments During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. (I) Reporting requirement A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. (J) Rule of construction for exemption adjustment During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.

(7) Exemption for noncontiguous States (A) Definition of noncontiguous State (i) In general In this paragraph, the term “noncontiguous State” means a State that is not 1 of the contiguous 48 States or the District of Columbia. (ii) Exclusions In this paragraph, the term “noncontiguous State” does not include Guam or the Virgin Islands of the United States. (B) Exemption Subject to subparagraph (D), the Secretary may exempt individuals in a noncontiguous State from compliance with the requirements of paragraph (2) if— (i) the State agency submits to the Secretary a request for that exemption, made in such form and at such time as the Secretary may require, and including the information described in subparagraph (C); and (ii) the Secretary determines that based on that request, the State agency is demonstrating a good faith effort to comply with the requirements of paragraph (2). (C) Good faith effort determination In determining whether a State agency is demonstrating a good faith effort for purposes of subparagraph (B)(ii), the Secretary shall consider— (i) any actions taken by the State agency toward compliance with the requirements of paragraph (2); (ii) any significant barriers to or challenges in meeting those requirements, including barriers or challenges relating to funding, design, development, procurement, or installation of necessary systems or resources; (iii) the detailed plan and timeline of the State agency for achieving full compliance with those requirements, including any milestones (as defined by the Secretary); and (iv) any other criteria determined appropriate by the Secretary. (D) Duration of exemption (i) In general An exemption granted under subparagraph (B) shall expire not later than December 31, 2028 , and may not be renewed beyond that date. (ii) Early termination The Secretary may terminate an exemption granted under subparagraph (B) prior to the expiration date of that exemption if the Secretary determines that the State agency— (I) has failed to comply with the reporting requirements described in subparagraph (E); or (II) based on the information provided pursuant to subparagraph (E), failed to make continued good faith efforts toward compliance with the requirements of this subsection. (E) Reporting requirements A State agency granted an exemption under subparagraph (B) shall submit to the Secretary— (i) quarterly progress reports on the status of the State agency in achieving the milestones toward full compliance described in subparagraph (C)(iii); and (ii) information on specific risks or newly identified barriers or challenges to full compliance, including the plan of the State agency to mitigate those risks, barriers, or challenges.

(8) Other program rules Nothing in this subsection shall make an individual eligible for benefits under this chapter if the individual is not otherwise eligible for benefits under the other provisions of this chapter.

Work requirement

Official source

(6)Exemptions#

(A) Definitions In this paragraph: (i) Caseload The term “caseload” means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30. (ii) Covered individual The term “covered individual” means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who— (I) is not eligible for an exception under paragraph (3); (II) does not reside in an area covered by a waiver granted under paragraph (4); (III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); (IV) is not receiving supplemental nutrition assistance program benefits during the 3 months of eligibility provided under paragraph (2); and (V) is not receiving supplemental nutrition assistance program benefits under paragraph (5).

(B) General rule Subject to subparagraphs (C) through (I), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals.

(C) Fiscal year 1998 Subject to subparagraphs (G) and (I), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 2025(c) of this title for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

(D) Fiscal years 1999 through 2019 Subject to subparagraphs (G) through (I), for fiscal year 1999 and each subsequent fiscal year through fiscal year 2019, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).

(E) Fiscal years 2020 through 2023 Subject to subparagraphs (G) through (I), for fiscal year 2020 and each subsequent fiscal year through fiscal year 2023, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4).

(F) Subsequent fiscal years Subject to subparagraphs (G) through (I), for fiscal years 2024 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of exemptions in effect during the fiscal year does not exceed 8 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State’s caseload and the Secretary’s estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under paragraph (4) 1 1 So in original. Probably should be followed by a period.

(G) Caseload adjustments The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C), (D),, 2 2 So in original. (E) or (F) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary.

(H) Exemption adjustments During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph.

(I) Reporting requirement A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.

(J) Rule of construction for exemption adjustment During fiscal year 2024 and each subsequent fiscal year, nothing in this paragraph shall be interpreted to allow a State agency to accumulate unused exemptions to be provided beyond the subsequent fiscal year.

(7)Exemption for noncontiguous States#

(A) Definition of noncontiguous State (i) In general In this paragraph, the term “noncontiguous State” means a State that is not 1 of the contiguous 48 States or the District of Columbia. (ii) Exclusions In this paragraph, the term “noncontiguous State” does not include Guam or the Virgin Islands of the United States.

(B) Exemption Subject to subparagraph (D), the Secretary may exempt individuals in a noncontiguous State from compliance with the requirements of paragraph (2) if— (i) the State agency submits to the Secretary a request for that exemption, made in such form and at such time as the Secretary may require, and including the information described in subparagraph (C); and (ii) the Secretary determines that based on that request, the State agency is demonstrating a good faith effort to comply with the requirements of paragraph (2).

(C) Good faith effort determination In determining whether a State agency is demonstrating a good faith effort for purposes of subparagraph (B)(ii), the Secretary shall consider— (i) any actions taken by the State agency toward compliance with the requirements of paragraph (2); (ii) any significant barriers to or challenges in meeting those requirements, including barriers or challenges relating to funding, design, development, procurement, or installation of necessary systems or resources; (iii) the detailed plan and timeline of the State agency for achieving full compliance with those requirements, including any milestones (as defined by the Secretary); and (iv) any other criteria determined appropriate by the Secretary.

(D) Duration of exemption (i) In general An exemption granted under subparagraph (B) shall expire not later than December 31, 2028 , and may not be renewed beyond that date. (ii) Early termination The Secretary may terminate an exemption granted under subparagraph (B) prior to the expiration date of that exemption if the Secretary determines that the State agency— (I) has failed to comply with the reporting requirements described in subparagraph (E); or (II) based on the information provided pursuant to subparagraph (E), failed to make continued good faith efforts toward compliance with the requirements of this subsection.

(E) Reporting requirements A State agency granted an exemption under subparagraph (B) shall submit to the Secretary— (i) quarterly progress reports on the status of the State agency in achieving the milestones toward full compliance described in subparagraph (C)(iii); and (ii) information on specific risks or newly identified barriers or challenges to full compliance, including the plan of the State agency to mitigate those risks, barriers, or challenges.

Work requirement

Work requirement

(1)“Work program” defined#

(2)Work requirement#

(3)Exceptions#

(4)Waiver#

(5)Subsequent eligibility#

(6)Exemptions#

(7)Exemption for noncontiguous States#

(8)Other program rules#