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stamp E&T or other volunteers.⁸² States no longer must offer conciliation procedures to persons
who fail to comply. 83 States also now have complete discretion to exempt any recipients or
groups of recipients from their E&T programs (although not from the new time limits). 84 Most
important, the new law repeals all performance standards for food stamp E&T programs,
including the minimum participation rates that have driven some states' design of these programs
until now.⁸⁵
At the same time, however, the legislation imposes significant limits on the types of work
slots the states may establish if they wish to give their childless 18- to 49-year-old recipients the
opportunity to retain food stamp eligibility. Some types of food stamp E&T activity qualify;
others do not.
While the limits on what activities will protect 18- to 49-year-olds from the time limits are
significant, however, they are not as restrictive as some states may believe. Workfare slots need
not be for 20 hours a week to meet the work requirement for 18- to 49-year-olds subject to the
time limit. Moreover, there are circumstances in which job search may help an 18- to 49-year-old
meet the work requirement.
Through careful attention to the details of the legislation, states may find it possible to
design E&T programs that meet a state's objectives while allowing 18- to 49- year-old
participants to comply with the new work standard.⁸⁶
⁸²Pub. L. 104-193, § 817(a)(6)(A), repealing 7 U.S.C. § 2015(d)(4)(G)(ii).
⁸³Pub. L. 104-193, § 817(a)(7), repealing 7 U.S.C. § 2015(d)(4)(H)(i). In addition, States have broader discretion
in setting child care reimbursement rates for E&T participants. Pub. L. 104-193, § 817(a)(8), amending 7 U.S.C. §
2015(d)(4)(i)(I)(II). States may require applicants to comply with any form of E&T activity. Pub. L. 104-193, §
817(a)(3)(A), amending 7 U.S.C. § 2015(d)(4)(B). The law ends the requirement that states follow cash assistance
rules in designing their job search programs. Pub. L. 104-193, § 817(a)(3)(B), amending 7 U.S.C. §
2015(d)(4)(B)(i). States' work experience programs are no longer required to "serve a useful public purpose" or
"use the prior training, experience, and skills of" participants. Pub. L. 104-193, § 817(a)(3)(C)(i), repealing 7
U.S.C. §§ 2015(d)(4)(B)(iv)(I) and (II) (1995).
⁸⁴Pub. L. 104-193, §§ 817(a)(4)(A) and (B), amending 7 U.S.C. §§ 2015(d)(4)(D)(i) and (ii).
⁸⁵Pub. L. 104-193, § 817(a)(9)(A), repealing 7 U.S.C. §§ 2015(d)(4)(K) and (L) (1995). The legislation also
repeals USDA's special authority to penalize states that run E&T programs that fail to meet participation rates or
are otherwise deficient. Pub. L. 104-193, § 817(a)(10)(B), repealing 7 U.S.C. § 2015(d)(4)(L)(ii).
86 Also, it should be noted that food stamp E&T funds may be spent on education, training, or substance abuse
programs that enable recipients to claim exemptions from the time limits even if the programs themselves do not
meet the new provision's definition of a "work program." See sections V above and VI(B)(2) below.
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"ocrText": "26\nstamp E&T or other volunteers.⁸² States no longer must offer conciliation procedures to persons\nwho fail to comply. 83 States also now have complete discretion to exempt any recipients or\ngroups of recipients from their E&T programs (although not from the new time limits). 84 Most\nimportant, the new law repeals all performance standards for food stamp E&T programs,\nincluding the minimum participation rates that have driven some states' design of these programs\nuntil now.⁸⁵\nAt the same time, however, the legislation imposes significant limits on the types of work\nslots the states may establish if they wish to give their childless 18- to 49-year-old recipients the\nopportunity to retain food stamp eligibility. Some types of food stamp E&T activity qualify;\nothers do not.\nWhile the limits on what activities will protect 18- to 49-year-olds from the time limits are\nsignificant, however, they are not as restrictive as some states may believe. Workfare slots need\nnot be for 20 hours a week to meet the work requirement for 18- to 49-year-olds subject to the\ntime limit. Moreover, there are circumstances in which job search may help an 18- to 49-year-old\nmeet the work requirement.\nThrough careful attention to the details of the legislation, states may find it possible to\ndesign E&T programs that meet a state's objectives while allowing 18- to 49- year-old\nparticipants to comply with the new work standard.⁸⁶\n⁸²Pub. L. 104-193, § 817(a)(6)(A), repealing 7 U.S.C. § 2015(d)(4)(G)(ii).\n⁸³Pub. L. 104-193, § 817(a)(7), repealing 7 U.S.C. § 2015(d)(4)(H)(i). In addition, States have broader discretion\nin setting child care reimbursement rates for E&T participants. Pub. L. 104-193, § 817(a)(8), amending 7 U.S.C. §\n2015(d)(4)(i)(I)(II). States may require applicants to comply with any form of E&T activity. Pub. L. 104-193, §\n817(a)(3)(A), amending 7 U.S.C. § 2015(d)(4)(B). The law ends the requirement that states follow cash assistance\nrules in designing their job search programs. Pub. L. 104-193, § 817(a)(3)(B), amending 7 U.S.C. §\n2015(d)(4)(B)(i). States' work experience programs are no longer required to \"serve a useful public purpose\" or\n\"use the prior training, experience, and skills of\" participants. Pub. L. 104-193, § 817(a)(3)(C)(i), repealing 7\nU.S.C. §§ 2015(d)(4)(B)(iv)(I) and (II) (1995).\n⁸⁴Pub. L. 104-193, §§ 817(a)(4)(A) and (B), amending 7 U.S.C. §§ 2015(d)(4)(D)(i) and (ii).\n⁸⁵Pub. L. 104-193, § 817(a)(9)(A), repealing 7 U.S.C. §§ 2015(d)(4)(K) and (L) (1995). The legislation also\nrepeals USDA's special authority to penalize states that run E&T programs that fail to meet participation rates or\nare otherwise deficient. Pub. L. 104-193, § 817(a)(10)(B), repealing 7 U.S.C. § 2015(d)(4)(L)(ii).\n86 Also, it should be noted that food stamp E&T funds may be spent on education, training, or substance abuse\nprograms that enable recipients to claim exemptions from the time limits even if the programs themselves do not\nmeet the new provision's definition of a \"work program.\" See sections V above and VI(B)(2) below."
}