§2015. Eligibility disqualifications
(a) Additional specific conditions rendering individuals ineligible
In addition to meeting the standards of eligibility prescribed in section 2014 of this title, households and individuals who are members of eligible households must also meet and comply with the specific requirements of this section to be eligible for participation in the food stamp program.
(b) Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable procedures
(1) Any person who has been found by any State or Federal court or administrative agency to have intentionally (A) made a false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing coupons or authorization cards shall, immediately upon the rendering of such determination, become ineligible for further participation in the program-
(i) for a period of six months upon the first occasion of any such determination;
(ii) for a period of 1 year upon-
(I) the second occasion of any such determination; or
(II) the first occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for coupons; and
(iii) permanently upon-
(I) the third occasion of any such determination;
(II) the second occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for coupons; or
(III) the first occasion of a finding by a Federal, State, or local court of the trading of firearms, ammunition, or explosives for coupons.
During the period of such ineligibility, no household shall receive increased benefits under this chapter as the result of a member of such household having been disqualified under this subsection.
(2) Each State agency shall proceed against an individual alleged to have engaged in such activity either by way of administrative hearings, after notice and an opportunity for a hearing at the State level, or by referring such matters to appropriate authorities for civil or criminal action in a court of law.
(3) Such periods of ineligibility as are provided for in paragraph (1) of this subsection shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the ineligibility is based is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of ineligibility be subject to review.
(4) The Secretary shall prescribe such regulations as the Secretary may deem appropriate to ensure that information concerning any such determination with respect to a specific individual is forwarded to the Office of the Secretary by any appropriate State or Federal entity for the use of the Secretary in administering the provisions of this section. No State shall withhold such information from the Secretary or the Secretary's designee for any reason whatsoever.
(c) Refusal to provide necessary information
No household shall be eligible to participate in the food stamp program if it refuses to cooperate in providing information to the State agency that is necessary for making a determination of its eligibility or for completing any subsequent review of its eligibility.
(1)(A) A State agency may require certain categories of households to file periodic reports of income and household circumstances in accordance with standards prescribed by the Secretary, except that a State agency may not require periodic reporting by-
(i) migrant or seasonal farmworker households;
(ii) households in which all members are homeless individuals; or
(iii) households that have no earned income and in which all adult members are elderly or disabled.
(B) Each household that is not required to file such periodic reports on a monthly basis shall be required to report or cause to be reported to the State agency changes in income or household circumstances that the Secretary considers necessary to assure accurate eligibility and benefit determinations.
(C) A State agency may require periodic reporting on a monthly basis by households residing on a reservation only if-
(i) the State agency reinstates benefits, without requiring a new application, for any household residing on a reservation that submits a report not later than 1 month after the end of the month in which benefits would otherwise be provided;
(ii) the State agency does not delay, reduce, suspend, or terminate the allotment of a household that submits a report not later than 1 month after the end of the month in which the report is due;
(iii) on March 25, 1994, the State agency requires households residing on a reservation to file periodic reports on a monthly basis; and
(iv) the certification period for households residing on a reservation that are required to file periodic reports on a monthly basis is 2 years, unless the State demonstrates just cause to the Secretary for a shorter certification period.
(2) Any household required to file a periodic report under paragraph (1) of this subsection shall, (A) if it is eligible to participate and has filed a timely and complete report, receive its allotment, based on the reported information for a given month, within thirty days of the end of that month unless the Secretary determines that a longer period of time is necessary, (B) have available special procedures that permit the filing of the required information in the event all adult members of the household are mentally or physically handicapped or lacking in reading or writing skills to such a degree as to be unable to fill out the required forms, (C) have a reasonable period of time after the close of the month in which to file their reports on State agency designed forms, (D) be afforded prompt notice of failure to file any report timely or completely, and given a reasonable opportunity to cure that failure (with any applicable time requirements extended accordingly) and to exercise its rights under section 2020(e)(10) of this title, and (E) be provided each month (or other applicable period) with an appropriate, simple form for making the required reports of the household together with clear instructions explaining how to complete the form and the rights and responsibilities of the household under any periodic reporting system.
(3) Reports required to be filed under paragraph (1) of this subsection shall be considered complete if they contain the information relevant to eligibility and benefit determinations that is specified by the State agency. All report forms, including those related to periodic reports of circumstances, shall contain a description, in understandable terms in prominent and bold face lettering, of the appropriate civil and criminal provisions dealing with violations of this chapter including the prescribed penalties. Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports. In promulgating regulations implementing these reporting requirements, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services, and, wherever feasible, households that receive assistance under title IV A of the Social Security Act [42 U.S.C. 601 et seq.] and that are required to file comparable reports under that Act [42 U.S.C. 301 et seq.] shall be provided the opportunity to file reports at the same time for purposes of this chapter and the Social Security Act.
(4) Except as provided in paragraph (1)(C), any household that fails to submit periodic reports required by paragraph (1) shall not receive an allotment for the payment period to which the unsubmitted report applies until such report is submitted.
(5) The Secretary is authorized, upon the request of a State agency, to waive any provisions of this subsection (except the provisions of the first sentence of paragraph (1) which relate to households which are not required to file periodic reports) to the extent necessary to permit the State agency to establish periodic reporting requirements for purposes of this chapter which are similar to the periodic reporting requirements established under the State plan approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in that State.
(d) Refusal to register for or accept employment; exemptions; labor disputes and strikes; employment and training programs
(1) Unless otherwise exempted by the provisions of paragraph (d)(2) of this subsection, (A) 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 who (i) refuses at the time of application and once every twelve months thereafter to register for employment in a manner determined by the Secretary; (ii) 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; or (iii) refuses without good cause (including the lack of adequate child care for children above the age of five and under the age of twelve) to accept an offer of employment at a wage not less than the higher of either the applicable State or Federal minimum wage, or 80 per centum of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), been applicable to the offer of employment, and at a site or plant not then subject to a strike or lockout; and (B) no household shall be eligible to participate in the food stamp program (i) if the head of the household is a physically and mentally fit person between the ages of sixteen and sixty and such individual refuses to do any of those acts described in clause (A) of this sentence, or (ii) if the head of the household voluntarily quits any job without good cause, but, in such case, the period of ineligibility shall be ninety days. 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. 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. 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. 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.
(2) A person who otherwise would be required to comply with the requirements of paragraph (1) of this subsection shall be exempt from such requirements if he or she is (A) currently subject to and complying with a work registration requirement under title IV of the Social Security Act, as amended (42 U.S.C. 602), or the Federal-State unemployment compensation system, 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); (B) a parent or other member of a household with responsibility for the care of a dependent child under age six or of an incapacitated person; (C) a bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education (except that any such person 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); (D) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; (E) employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by thirty hours; or (F) a person between the ages of sixteen and eighteen who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis.
(3) Notwithstanding any other provision of law, a household shall not participate in the food stamp program at any time that any member of such household, not exempt from the work registration requirements of paragraph (1) of this subsection, is on strike as defined in section 142(2) of title 29, because of a labor dispute (other than a lockout) as defined in section 152(9) of title 29: Provided, That a household shall not lose its eligibility to participate in the food stamp program as a result of one of its members going on strike if the household was eligible for food stamps immediately prior to such strike, however, such household shall not receive an increased allotment as the result of a decrease in the income of the striking member or members of the household: Provided further, That such ineligibility shall not apply to any household that does not contain a member on strike, if any of its members refuses to accept employment at a plant or site because of a strike or lockout.
(4)(A) Not later than April 1, 1987, each State agency shall implement an employment and training program designed by the State agency and approved by the Secretary for the purpose of assisting members of households participating in the food stamp program in gaining skills, training, or experience that will increase their ability to obtain regular employment.
(B) For purposes of this chapter, an "employment and training program" means a program that contains one or more of the following components:
(i) Job search programs 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 [42 U.S.C. 602(a)(35)(A), (B)], 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.
(ii) Job search training programs that include, to the extent determined appropriate by the State agency, reasonable job search training and support activities that may consist of jobs skills assessments, job finding clubs, training in techniques for employability, job placement services, or other direct training or support activities, including educational programs, determined by the State agency to expand the job search abilities or employability of those subject to the program.
(iii) Workfare programs operated under section 2029 of this title.
(iv) Programs designed to improve the employability of household members through actual work experience or training, or both, and to enable individuals employed or trained under such programs to move promptly into regular public or private employment. An employment or training experience program established under this clause shall-
(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;
(III) not provide any work that has the effect of replacing the employment of an individual not participating in the employment or training experience program; and
(IV) provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.
(v) Educational programs or activities to improve basic skills and literacy, or otherwise improve employability, including educational programs determined by the State agency to expand the job search abilities or employability of those subject to the program under this paragraph.
(vi) Programs designed to increase the self-sufficiency of recipients through self-employment, including programs that provide instruction for self-employment ventures.
(vii) As approved by the Secretary or the State under regulations issued by the Secretary, other employment, educational and training programs, projects, and experiments, such as a supported work program, aimed at accomplishing the purpose of the employment and training program.
(C) The State agency may provide that participation in an employment and training program may supplement or supplant other employment-related requirements imposed on those subject to the program.
(D)(i) Each State agency may exempt from any requirement for participation in any program under this paragraph categories of household members 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.
(ii) Each State agency may exempt from any requirement for participation individual household members not included in any category designated as exempt under clause (i) 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.
(iii) Any exemption of a category or individual under this subparagraph shall be periodically evaluated to determine whether, 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).
(E) Each State agency shall establish requirements for participation by individuals not exempt under subparagraph (D) in one or more employment and training programs under this paragraph, including the extent to which any individual is required to participate. Such requirements may vary among participants. 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.
(F)(i) The total hours of work in an employment and training program carried out under this paragraph required of members of a household, together with the hours of work of such members in any program carried out under section 2029 of this title, in any month collectively may not exceed a number of hours equal to the household's allotment for such month divided by the higher of the applicable State minimum wage or Federal minimum hourly rate under the Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)].
(ii) The total hours of participation in such program required of any member of a household, individually, in any month, together with any hours worked in another program carried out under section 2029 of this title and any hours worked for compensation (in cash or in kind) in any other capacity, shall not exceed one hundred and twenty hours per month.
(G)(i) The State agency may operate any program component under this paragraph in which individuals elect to participate.
(ii) 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.
(H)(i) 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.
(ii) Federal funds made available to a State agency for purposes of the component authorized under subparagraph (B)(v) shall not be used to supplant non-Federal funds used for existing services and activities that promote the purposes of this component.
(I)(i) The State agency shall provide payments or reimbursements to participants in programs carried out under this paragraph, including individuals participating under subparagraph (G), for-
(I) the actual costs of transportation and other actual costs (other than dependent care 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; and
(II) 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 [42 U.S.C. 601 et seq.] is in operation, 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 [42 U.S.C. 301 et seq.]. Individuals subject to the program under this paragraph may not be required to participate if dependent costs exceed the limit established by the State agency under this subclause or other actual costs exceed any limit established under subclause (I).
(ii) In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.
(iii) The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall-
(I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and
(II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of title 26.
(J) The Secretary shall promulgate guidelines that (i) enable State agencies, to the maximum extent practicable, to design and operate an employment and training program that is compatible and consistent with similar programs operated within the State, and (ii) ensure, to the maximum extent practicable, that employment and training programs are provided for Indians on reservations.
(K)(i) For any fiscal year, the Secretary shall establish performance standards for each State that, in the case of persons who are subject to employment requirements under this section and who are not exempt under subparagraph (D), designate the 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 shall place in programs under this paragraph. Such standards need not be uniform for all the States, but may vary among the several States. The Secretary shall consider the cost to the States in setting performance standards and the degree of participation in programs under this paragraph by exempt persons. 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).
(ii) In making any determination as to whether a State agency has met a performance standard under clause (i), the Secretary shall-
(I) consider the extent to which persons have elected to participate in programs under this paragraph;
(II) consider such factors as placement in unsubsidized employment, increases in earnings, and reduction in the number of persons participating in the food stamp program; and
(III) consider other factors determined by the Secretary to be related to employment and training.
(iii) The Secretary shall vary the performance standards established under clause (i) according to differences in the characteristics of persons required to participate and the type of program to which the standard is applied.
(iv) The Secretary may delay establishing performance standards for up to 18 months after national implementation of the provisions of this paragraph, in order to base performance standards on State agency experience in implementing this paragraph.
(L)(i) The Secretary shall establish performance standards and measures applicable to employment and training programs carried out under this paragraph that are based on employment outcomes, including increases in earnings.
(ii) Final performance standards and measures referred to in clause (i) shall be published not later than 12 months after the date that the final outcome-based performance standards are published for job opportunities and basic skills training programs under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.).
(iii) The standards shall encourage States to serve those individuals who have greater barriers to employment and shall take into account the extent to which persons have elected to participate in employment and training programs under this paragraph. The standards shall require participants to make levels of efforts comparable to those required under the regulations set forth in section 273.7(f)(1) of title 7, Code of Federal Regulations in effect on January 1, 1991.
(iv) The performance standards in effect under subparagraph (K) shall remain in effect during the period beginning on October 1, 1988, and ending on the date the Secretary implements the outcome-based performance standards described in this subparagraph.
(v) A State agency shall be considered in compliance with applicable performance standards under subparagraph (K) if the State agency operates an employment and training program in a manner consistent with its approved plan and if the program requires participants to make levels of effort comparable to those required under the regulations set forth in section 273.7(f)(1) of title 7, Code of Federal Regulations in effect on January 1, 1991.
(M)(i) The Secretary shall ensure that State agencies comply with the requirements of this paragraph and section 2020(e)(22) of this title.
(ii) 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.
(N) The facilities of the State public employment offices and agencies operating programs under the Job Training Partnership Act [29 U.S.C. 1501 et seq.] may be used to find employment and training opportunities for household members under the programs under this paragraph.
(e) Students
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 the individual is enrolled at least half-time in an institution of higher education, unless the individual-
(1) is under age 18 or is age 50 or older;
(2) is not physically or mentally fit;
(3) is assigned to or placed in an institution of higher education through or in compliance with the requirements of-
(A) a program under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);
(B) an employment and training program under this section;
(C) a program under section 2296 of title 19; or
(D) another program for the purpose of employment and training operated by a State or local government, as determined to be appropriate by the Secretary;
(4) is employed a minimum of 20 hours per week or participating in a State or federally financed work study program during the regular school year;
(5) is-
(A) a parent with responsibility for the care of a dependent child under age 6; or
(B) a parent with responsibility for the care of a dependent child above the age of 5 and under the age of 12 for whom adequate child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4);
(6) is 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.);
(7) is so enrolled as a result of participation in the work incentive program under title IV of the Social Security Act [42 U.S.C. 601 et seq.] or its successor programs; or
(8) is enrolled full-time in an institution of higher education, as determined by the institution, and is a single parent with responsibility for the care of a dependent child under age 12.
(f) Aliens
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 unless he or she is (1) a resident of the United States and (2) either (A) a citizen or (B) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 1101(a)(15) and 1101(a)(20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; or (C) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 1259 of title 8; or (D) an alien who has qualified for conditional entry pursuant to sections 1157 and 1158 of title 8; or (E) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8; or (F) an alien within the United States as to whom the Attorney General has withheld deportation pursuant to section 1253(h) of title 8. No aliens other than the ones specifically described in clauses (B) through (F) of this subsection shall be eligible to participate in the food stamp program as a member of any household. 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 shall be considered in determining the eligibility and the value of the allotment of the household of which such individual is a member.
(g) Residents of States which provide State supplementary payments
No individual who receives supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], State supplementary payments described in section 1616 of such Act [42 U.S.C. 1382e], or payments of the type referred to in section 212(a) of Public Law 93 66, as amended, shall be considered to be a member of a household for any month, if, for such month, such individual resides in a State which provides State supplementary payments (1) of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] and section 212(a) of Public Law 93 66, and (2) the level of which has been found by the Commissioner of Social Security to have been specifically increased so as to include the bonus value of food stamps.
(h) Transfer of assets to qualify
No household that knowingly transfers assets for the purpose of qualifying or attempting to qualify for the food stamp program shall be eligible to participate in the program for a period of up to one year from the date of discovery of the transfer.
(Pub. L. 88 525, §6, Aug. 31, 1964,
References in Text
The Social Security Act, referred to in subsecs. (c)(3), (5), (d)(2), (4)(I)(i)(II), (L)(ii), (e)(6), (7), and (g), is act Aug. 14, 1935, ch. 531,
The Fair Labor Standards Act of 1938, as amended, referred to in subsec. (d)(1), (2), (4)(F)(i), is act June 25, 1938, ch. 676,
The Job Training Partnership Act, referred to in subsecs. (d)(4)(N) and (e)(3)(A), is Pub. L. 97 300, Oct. 13, 1982,
Section 212(a) of Pub. L. 93 66, referred to in subsec. (g), is Pub. L. 93 66, title II, §212(a), July 9, 1973,
Amendments
1994-Subsec. (c)(1)(A)(ii) to (iv). Pub. L. 103 225, §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, §101(a)(2), added subpar. (C).
Subsec. (c)(3). Pub. L. 103 296, §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, §104(b), substituted "Except as provided in paragraph (1)(C), any" for "Any".
Subsec. (g). Pub. L. 103 296, §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, §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, §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, §941(3)(A), realigned margin.
Subsec. (d)(1)(A). Pub. L. 102 237, §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, §941(3)(C), substituted "Secretary," for "Secretary,," and "aimed at" for "aimed an".
Subsec. (d)(4)(D)(iii). Pub. L. 102 237, §941(3)(D), substituted "clause (i) or (ii)" for "clauses (i) or (ii)".
Subsec. (d)(4)(I)(i)(II). Pub. L. 102 237, §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, §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, §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, §1723, added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (c)(2)(C). Pub. L. 101 624, §1724(1), substituted "State agency designed forms" for "forms approved by the Secretary".
Subsec. (c)(3). Pub. L. 101 624, §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, §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, §1726(a), inserted "and literacy," after "basic skills".
Subsec. (d)(4)(B)(vi), (vii). Pub. L. 101 624, §1726(b)(1), added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (d)(4)(E). Pub. L. 101 624, §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, §1726(d), substituted "October" for "April".
Subsec. (e). Pub. L. 101 624, §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, §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, §202(c), added cl. (E).
Subsec. (d)(4)(B)(i). Pub. L. 100 435, §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, §404(a)(3), (4), added cl. (v). Former cl. (v) redesignated (vi).
Subsec. (d)(4)(B)(vi). Pub. L. 100 435, §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, §404(b), added subpar. (H). Former subpar. (H) redesignated (I).
Subsec. (d)(4)(I). Pub. L. 100 435, §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, §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, §404(b)(1), (d), added subpar. (L) and redesignated former subpar. (L) as (N).
Subsec. (d)(4)(M), (N). Pub. L. 100 435, §404(b)(1), redesignated former subpars. (K) and (L) as (M) and (N), respectively.
1985-Subsec. (c)(1). Pub. L. 99 198, §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, §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, §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, §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, §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, §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, §1516(1)(D), added cl. (B).
Subsec. (d)(2)(F). Pub. L. 99 198, §1516(3), added cl. (F).
Subsec. (d)(4). Pub. L. 99 198, §1517(a)(2), added par. (4).
Subsec. (e)(2). Pub. L. 99 198, §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, §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, §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, §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, §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, §§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, §156, added par. (5).
Subsec. (d)(1). Pub. L. 97 253, §§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, §§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, §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, §§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, §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, §161, added subpars. (C) and (D) and redesignated former subpar. (C) as (E).
Subsec. (g)(2). Pub. L. 97 253, §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, §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, §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, §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, §§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, §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, §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, §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, §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, §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, §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, §114, added par. (4).
Subsec. (e). Pub. L. 96 249, §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, §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, §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, §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 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.
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, §1, Apr. 1, 1993,
Mandatory Monthly Reporting-Retrospective Budgeting for Food Stamp Program; Prohibition
Pub. L. 98 107, §101(b), Oct. 1, 1983,
Section Referred to in Other Sections
This section is referred to in sections 2012, 2014, 2020, 2022, 2024, 2025, 2026, 2029, 2030, 2031 of this title; title 29 sections 1605, 1792.