[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR273.7]

[Page 632-654]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS--Table of Contents
 
Sec. 273.7  Work requirements.

    (a) Persons required to register. Each household member who is not 
exempt by paragraph (b)(1) of this section shall be registered for 
employment by the State agency at the time of application, and once 
every twelve months after initial registration, as a condition of 
eligibility. The registration form need not be completed by the member 
required to register.
    (b) Exemptions from work registration. (1) The following persons are 
exempt from the work registration requirement:
    (i) A person younger than 16 years of age or a person 60 years of 
age or older. If a child has its 16th birthday within a certification 
period, the child shall fulfill the work registration requirement as 
part of the next scheduled recertification process, unless the child 
qualifies for another exemption. A person age sixteen or seventeen 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 is exempt.
    (ii) A person physically or mentally unfit for employment. If mental 
or physical unfitness is claimed and the unfitness is not evident to the 
State agency, verification may be required. Appropriate verification may 
consist of receipt of temporary or permanent disability benefits issued 
by governmental or private sources, or of a statement from a physician 
or licensed or certified psychologist.
    (iii) A household member subject to and complying with any work 
requirement under title IV of the Social Security Act, including WIN 
registration. If the exemption claimed is questionable, the State agency 
shall be responsible for verifying the exemption.
    (iv) A parent or other household member who is responsible for the 
care of a dependent child under 6 or an incapacitated person. If the 
child has its 6th birthday within a certification period, the individual 
responsible for the care of the child shall fulfill the work 
registration requirement as part of the next scheduled recertification 
process, unless the individual qualifies for another exemption.
    (v) A person is in receipt of unemployment compensation. A person 
who has applied for, but has not yet begun to receive, unemployment 
compensation shall also be exempt if that person was required to 
register for work with the SESA as part of the unemployment compensation 
application process. If the exemption claimed is questionable, the State 
agency shall be responsible

[[Page 633]]

for verifying the exemption with the appropriate office of the SESA.
    (vi) A regular participant in a drug addiction or alcoholic 
treatment and rehabilitation program.
    (vii) A person who is employed or self-employed and working a 
minimum of 30 hours weekly or receiving weekly earnings at least equal 
to the Federal minimum wage multiplied by 30 hours. This shall include 
migrant and seasonal farmworkers who are under contract or similar 
agreement with an employer or crew chief to begin employment within 30 
days (although this shall not prevent individuals from seeking 
additional services from SESA). For work registration purposes, a person 
residing in certain designated areas of Alaska, as specified in 
Sec. 274.10(a)(4)(iii), who subsistence hunts and/or fishes a minimum of 
30 hours weekly as determined by averaging such activity over the 
certification period shall be considered exempt as self-employed.
    (viii) A student enrolled at least half time in any recognized 
school, training program, or institution of higher education; provided 
that students enrolled at least half time in an institution of higher 
education have met the eligibility conditions in Sec. 273.5 of this 
part. A student enrolled in a school, training program or institution of 
higher education shall remain exempt during normal periods of class 
attendance, vacation and recess, unless the student graduates, is 
suspended or expelled, drops out, or does not intend to register for the 
next normal school term (excluding summer). Persons who are not enrolled 
at least half time or who experience a break in enrollment status due to 
graduation, expulsion, or suspension, or who drop out or otherwise do 
not intend to return to school, shall not be considered students for the 
purpose of qualifying for this exemption.
    (2)(i) Persons losing exemption status due to any changes in 
circumstances that are subject to the reporting requirements of 
Sec. 273.12 (such as loss of employment that also results in a loss of 
income of more than $25 a month, or departure from the household of the 
sole dependent child for whom an otherwise nonexempt household member 
was caring) shall register for employment when the change is reported. 
If the State agency does not use a work registration form, it shall 
annotate the change to the member's exemption status. If a work 
registration form is used, the State agency shall be responsible for 
providing the participant with a work registration form when the change 
is reported. Participants shall be responsible for returning the form to 
the State agency within 10 calendar days from the date the form was 
handed to the household member reporting the change in person, or the 
date the State agency mailed the form. If the participant fails to 
return the form, the State agency shall issue a notice of adverse action 
stating that the participant or, if the individual is the head of 
household, the household is being terminated and why, but that the 
termination can be avoided by returning the form.
    (ii) Those persons who lose their exemption due to a change in 
circumstances that is not subject to the reporting requirements of 
Sec. 273.12 shall register for employment at their household's next 
recertification.
    (c) State agency responsibilities. (1) The State shall register for 
work each household member not exempted by the provisions of 
Sec. 273.7(b). Upon reaching a determination that an applicant or a 
member of the applicant's household is required to register, the State 
agency shall explain to the applicant the pertinent work requirements, 
the rights and responsibilities of work registered household members, 
and the consequences of failure to comply. The State agency shall 
provide a written statement of the above to each work registrant in the 
household. A notice shall also be provided when a previously exempt 
member or new household member becomes subject to a work requirement, 
and at recertification. The State agency shall permit the applicant to 
complete a record or form for each household member required to register 
for employment in accordance with paragraph (a) of this section. 
Household members are considered to have registered when an identifiable 
work registration form is submitted to the State agency or when

[[Page 634]]

the registration is otherwise annotated or recorded by the State.
    (2) The State agency shall be responsible for screening each work 
registrant to determine whether or not it is appropriate, based on the 
State's criteria, to refer the individual to an employment and training 
program, and if appropriate, referring the individual to an employment 
and training program component. Upon entry into each component the 
registrant applicant or volunteer, should be told, either orally or in 
writing, the requirements of the component, what will constitute 
noncompliance and the sanctions for noncompliance. The State agency 
shall initiate conciliation procedures, pursuant to paragraph (g)(1)(ii) 
of this section, upon determining that an individual has not complied 
with E&T requirements. The State agency shall issue a notice of adverse 
action (Form FNS-441 or equivalent State-designed form) to the 
individual or household, as appropriate, no later than the last day of 
the conciliation period. If the notice of adverse action was issued 
prior to the end of the conciliation period and the State agency 
verifies that compliance was achieved by the end of the conciliation 
period, the notice of adverse action may be cancelled. If States wish to 
use different intake and sanction systems which are compatible with 
title IV-A work programs such systems shall be proposed in the State 
agency's plan, and subject to the Secretary's approval.
    (3) The State agency shall design and operate an employment and 
training program which may consist of one or more or a combination of 
employment and/or training components as described in Sec. 273.7(f). The 
State agency must ensure that it is notified by the agency or agencies 
operating its E&T components within ten days if an E&T mandatory 
participant fails to comply with E&T requirements.
    (4) In accordance with 7 CFR 272.2(e)(9), each State agency must 
prepare and submit an Employment and Training plan to its appropriate 
FNS Regional Office and to the FNS National Office. The plan shall be 
available for public inspection at the State agency headquarters. In its 
plan, the State shall detail the following:
    (i) The nature of the employment and training components the State 
plans to offer and the reasons for such components, including cost 
information. The methodology for State reimbursement for education 
components shall be specifically addressed;
    (ii) An operating budget for the Federal fiscal year with an 
estimate of the cost of operation for one full year. Any State which 
will request 50 percent federal reimbursement for State E & T 
administrative costs, other than for participant reimbursements, shall 
include in its plan, or amendments to its plan, an itemized list of all 
activities and costs for which those Federal funds will be claimed. 
Costs in excess of the federal grant shall be allowed only with the 
prior approval of the Department and must be adequately documented to 
assure that they are necessary, reasonable and properly allocated. A 
State agency which intends to spend the supplemental E&T grant 
allocation for which it is eligible in a fiscal year in accordance with 
paragraph (d)(1)(i)(B) of this section must declare its intention to 
maintain its level of expenditures for E&T and workfare at a level not 
less than the level of such expenditures in FY 1996.
    (iii) The categories and types of individuals the State seeks to 
exempt from E&T participation, the basis used to determine these 
exemptions, including any cost information and the estimated percentage 
of work registrants the State plans to exempt;
    (iv) The characteristics of the population the State does intend to 
place;
    (v) The estimated number of volunteers the State expects to place in 
its employment and training program;
    (vi) The geographic areas covered and not covered by the plan and 
why, and the type and location of services to be offered;
    (vii) The method the State will use to count all work registrants 
the first month of each fiscal year;
    (viii) The method the State agency uses to report work registrant 
information and prevent work registrants from being reported twice 
within a Federal fiscal year on the quarterly FNS Form 583. This method 
must specify how work registrants are excluded if the State agency work 
register all food

[[Page 635]]

stamp applicants (i.e., universal work registration) when the applicants 
are exempt from work registration as specified under paragraph (b) of 
this section or if the State agency work registers nonexempt 
participants whenever a new application is submitted and the 
participants may have already been registered within the past twelve 
months as specified under paragraph (a) of this section. If the method 
the State agency uses is questionable or unacceptable, FNS reserves the 
right to adjust a State agency's work registrant count. FNS shall advise 
a State agency of how the adjusted figure was determined and shall allow 
the State agency 30 days to submit another method for consideration by 
FNS.
    (ix) If a State plans to offer components which are significantly 
more intensive than the minimum level of effort specified in 
Sec. 273.7(f), or plans to concentrate its efforts on persons who may be 
difficult to place, due to employment obstacles, it shall be made clear 
in the State's employment and training plan. If, because of the nature 
of its components, or the population served, a State believes that an 
adjustment to the performance standard established in Sec. 273.7(o) is 
appropriate, and wishes to request a revision in the standard, it shall 
specify the percentage of its work registered population it intends to 
serve, and provide the Department with detailed information about why it 
has chosen to operate such a component or components, or chosen to focus 
on certain persons, the intended benefits to be gained by the recipient 
and Federal and State governments, and the number of persons it plans to 
serve in the component. The information provided to the Department will 
be used in determining whether the State's performance standard will be 
affected;
    (x) The organizational relationship between the units responsible 
for certification and the units operating the employment and training 
components. FNS is specifically concerned that the lines of 
communication be efficient and that noncompliance be reported to the 
certification unit within ten working days after such noncompliance is 
determined;
    (xi) The relationship between the State agency and other 
organizations it plans to coordinate with for the provision of services. 
Copies of contracts shall be available for inspection;
    (xii) The availability, if appropriate, of employment and training 
programs to Indians living on reservations.
    (xiii) Beginning with the Fiscal Year 1992 State E&T plan, the 
procedures developed by the State agency under paragraph (g)(1)(ii) of 
this section for conciliation. To the extent possible, State agencies 
should design conciliation procedures for the E&T program that will be 
compatible with the conciliation process that State agencies that 
administer the Temporary Assistance for Needy Families (TANF) Program 
will establish for the Job Opportunities and Basic Skills Training 
(JOBS) Program as mandated by the Family Support Act of 1988.
    (xiv) The Statewide limit(s) for dependent care reimbursements as 
established by the State agency. The limit(s) shall not be less than the 
dependent care deduction amounts specified under Sec. 273.9(d)(4).
    (xv) The local market rates of dependent care providers in the 
State. State agencies shall adopt the local market rates already 
established by programs under section 402(g) of the Social Security Act. 
State agencies shall establish separate local market rates for 
categories of care relevant to food stamp E&T which are not addressed 
under section 402(g) of the Social Security Act and include such rates 
in the E&T State Plan.
    (5) Plans shall be submitted biennially, 45 days before the start of 
the fiscal year, beginning in FY 1990. States must submit plan revisions 
to the appropriate FNS regional office for approval if they plan to 
alter the nature or location of their components or the number or 
characteristics of persons served. The proposed changes shall be 
submitted for approval at least 30 days prior to planned implementation.
    (6) The State shall submit quarterly reports to FNS no later than 45 
days after the end of each Federal fiscal quarter containing monthly 
figures for the number of:
    (i) Participants newly work registered;

[[Page 636]]

    (ii) Work registrants exempted by the State from participation in an 
employment and training program;
    (iii) Participants who volunteer for and commence participation in 
an approved E&T component;
    (iv) E&T mandatory participants who commence an approved E&T 
component including Food Stamp Program applicants in States which 
operate a component for applicants;
    (v) Work registrants sent a Notice of Adverse Action for failure to 
comply with E&T requirements, and the number of applicants who were 
denied food stamp certification or recertification for failure to comply 
with an E&T component.
    (vi) The number of filled and offered slots created under a workfare 
program as described in Sec. 273.22 or a comparable program that are 
intended to serve recipients subject to the work requirement at section 
6(o) of the Food Stamp Act. This information must be broken out to show 
the number of slots that were created in areas of the State that have 
received a waiver in accordance with section 6(o)(4) of the Food Stamp 
Act and in non-waived areas;
    (vii) The number of filled and offered slots created under a 20-
hour-a-week work program as described in paragraph (d)(1)(ii)(A) of this 
section that are intended to serve recipients subject to the work 
requirement at section 6(o) of the Food Stamp Act. This information must 
be broken out to show the number of slots that were created in areas of 
the State that have received a waiver in accordance with section 6(o)(4) 
of the Food Stamp Act and in non-waived areas;
    (7) States shall submit annually, on their first quarterly report 
the number of work registered persons in that State as in October of the 
new fiscal year.
    (8) States shall submit annually, on their final quarterly report 
the following information:
    (i) The number of Food Stamp Program work registrants who were 
exempted as part of a category of persons during the course of the year 
separated by the specific reasons for the exemptions.
    (ii) The number of food stamp participants (E&T mandatory and 
volunteers) placed in each E&T component offered by the State agency.
    (9) Additional information may be required of individual State 
agencies on an as needed basis depending on the contents of the State's 
plan regarding the type of components offered and the characteristics of 
persons served.
    (10) States must ensure, to the maximum extent practicable, that 
employment and training programs are provided for Indians living on 
reservations.
    (11) If a benefit overissuance is discovered for a month or months 
in which a mandatory E & T participant has already fulfilled a work 
component requirement, the State agency shall follow the procedure 
specified in Sec. 273.22(f)(9) for a workfare overissuance.
    (d) Federal financial participation--(1) Employment and training 
grants.(i) Allocation of grants. Each State agency will receive an E&T 
program grant for each fiscal year to operate an E&T program. The grant 
will consist of a base amount that requires no State matching and a 
supplemental amount which will be available only to those State agencies 
that elect to meet their maintenance of effort requirements as described 
in paragraph (d)(1)(iii) of this section.
    (A) In determining each State agency's base 100 percent Federal E&T 
grant amount for FYs 1998 through 2002, FNS will apply the percentage 
determined in accordance with paragraph (d)(1)(i)(C) of this section to 
the total amount of 100 percent Federal E&T grant provided under the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
for each fiscal year.
    (B) In determining each State agency's supplemental 100 percent 
Federal E&T grant amount for FYs 1998 through 2002, FNS will apply the 
percentage determined in accordance with paragraph (d)(1)(i)(C) of this 
section to the total amount of 100 percent Federal E&T grant provided 
under the Balanced Budget Act of 1997 for each fiscal year.
    (C) Except as otherwise provided in paragraph (d)(1)(i)(F) of this 
section, effective in FY 1998, Federal funding for E&T grants, including 
both the base and supplemental amounts, shall

[[Page 637]]

be allocated on the basis of food stamp recipients in each State who are 
not eligible for an exception under section 6(o)(3) of the Food Stamp 
Act as a percentage of such recipients nationwide. Effective in FY 1999, 
Federal funding for E&T grants shall be allocated on the basis of food 
stamp recipients in each State who are not eligible for an exception 
under section 6(o)(3) of the Food Stamp Act and who either do not reside 
in an area subject to a waiver granted in accordance with section 
6(o)(4) of the Food Stamp Act or do reside in an area subject to a 
waiver in which the State agency provides employment and training 
services to food stamp recipients who are not eligible for an exception 
under section 6(o)(3) of the Food Stamp Act as a percentage of such 
recipients nationwide.
    (D) FNS shall determine each State's percentage of food stamp 
recipients not eligible for an exception under section 6(o)(3) of the 
Food Stamp Act using FY 1996 Quality Control survey data adjusted for 
changes in each State's caseload.
    (E) Effective in FY 1998, no State agency shall receive less than 
$50,000 in Federal E&T funds. To insure that no State agency receives 
less than $50,000 in FY 1998, each State agency that is allocated to 
receive more than $50,000 shall have its grant reduced, if necessary, 
proportionate to the number of food stamp recipients in the State who 
are not eligible for an exception under section 6(o)(3) of the Food 
Stamp Act as compared to the total number of such recipients in all the 
State agencies receiving more than $50,000. The funds from the reduction 
shall be distributed to State agencies initially allocated to receive 
less than $50,000. To insure that no State agency receives less than 
$50,000 in FY 1999 and subsequent years, each State agency that is 
allocated to receive more than $50,000 shall have its grant reduced, if 
necessary, proportionate to the number of food stamp recipients in the 
State who are not eligible for an exception under section 6(o)(3) of the 
Food Stamp Act, and who do not reside in an area subject to a waiver 
granted in accordance with section 6(o)(4) of the Food Stamp Act or who 
do reside in an area subject to a waiver in which the State agency 
provides employment and training services to food stamp recipients who 
are not eligible for an exception under section 6(o)(3) of the Food 
Stamp Act as compared to the total number of such recipients in all the 
State agencies receiving more than $50,000. The funds from the reduction 
shall be distributed to State agencies initially allocated to receive 
less than $50,000 so that they receive the $50,000 minimum.
    (F) If a State agency will not expend all of the funds allocated to 
it for a fiscal year under paragraph (d)(1)(i)(C) of this section, FNS 
shall reallocate the unexpended funds to other States during the fiscal 
year or the subsequent fiscal year as it considers appropriate and 
equitable.
    (ii) Use of funds. (A) Not less than 80 percent of the funds a State 
agency receives in a fiscal year under paragraph (d)(1)(i) of this 
section shall be used to serve food stamp recipients who are not 
eligible for an exception under section 6(o)(3) of the Food Stamp Act 
and who are placed in and comply with either a workfare program as 
described in Sec. 273.22 or a comparable program, or a work program for 
20 hours or more per week. A qualifying work program is a program 
operated under the JTPA or, after July 1, 2000, a program that was 
previously operated under the JTPA that is now operated under the 
Workforce Investment Act, a program under section 236 of the Trade Act 
of 1974, or an E&T program operated or supervised by the State or a 
political subdivision that meets standards approved by the Governor of 
the State, including programs described in paragraphs (f)(1)(iv), 
(f)(1)(v), (f)(1)(vi) and (f)(1)(vii) of this section. Job search and 
job search training programs as described in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this section do not meet the definition of qualifying work 
program.
    (B) Funds which a State agency receives in a fiscal year under 
paragraph (d)(1)(i) of this section which are used to serve food stamp 
recipients who are not eligible for an exception under section 6(o)(3) 
of the Food Stamp Act but who either reside in an area of a State 
granted a waiver under section 6(o)(4) of the Food Stamp Act or have 
been granted an exemption under section

[[Page 638]]

6(o)(6) of that Act and which are expended on qualifying work activities 
as described in paragraph (d)(1)(ii)(A) of this section shall count 
toward a State's 80 percent expenditure.
    (C) Not more than 20 percent of the funds a State agency receives in 
a fiscal year under paragraph (d)(1)(i) of this section may be used to 
serve households eligible for an exception under section 6(o)(3) of the 
Food Stamp Act or on work activities that do not meet the definition of 
qualifying work activities as described in paragraph (d)(1)(ii)(A) of 
this section. E&T funds expended in accordance with this paragraph 
(d)(1)(ii)(C) may be spent independent of whether or not the State 
agency expends any Federal funds that meet the requirements of paragraph 
(d)(1)(ii)(A) of this section. E&T funds expended in accordance with 
this paragraph (d)(1)(ii)(C) are not subject to the component cost 
reimbursement rates described in paragraph (d)(1)(iv) of this section.
    (D) If at the end of a fiscal year, FNS determines that a State 
agency has spent more than 20 percent of the Federal E&T funds it 
receives for that fiscal year under paragraph (d)(1)(i) of this section 
to serve food stamp recipients who are eligible for an exception under 
section 6(o)(3) of the Food Stamp Act or on work activities that do not 
meet the definition of qualifying work activities as described in 
paragraph (d)(1)(ii)(A) of this section, it shall reimburse States for 
allowable costs incurred in excess of the 20 percent threshold at the 
normal administrative 50-50 match rate.
    (E) State agencies must use E&T program grants to fund the 
administrative costs of planning, implementing and operating food stamp 
E&T programs in accordance with approved State agency E&T plans. E&T 
grants must not be used for the process of determining whether an 
individual must be work registered, the work registration process, or 
any further screening performed during the certification process, nor 
for sanction activity that takes place after the operator of an E&T 
component reports noncompliance without good cause. For purposes of this 
paragraph (d)(1)(ii)(E), the certification process is considered ended 
when an individual is referred to an E&T component for assessment or 
participation. E&T grants must also not be used to reimburse 
participants under paragraph (d)(1)(ii) of this section, since these 
reimbursements which include dependent care and job-related 
transportation costs are provided for in a separate 50:50 Federal/State 
matching grant. Lastly, E&T grants must not be used to subsidize the 
wages of participants, as reflected in current regulations, and in view 
of section 16(b) of the Food Stamp Act, added by the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, which 
provides authority for food stamp recipients who also participate in 
TANF and other public assistance programs to have their food stamp 
benefits paid directly to employers.
    (F) A State agency's receipt of the E&T program grant as allocated 
under paragraph (d)(1)(i) of this section is contingent on FNS' approval 
of the State agency's E&T plan. If an adequate plan is not submitted, 
FNS may reallocate a State agency's grant among other State agencies 
with approved plans. Non-receipt of an E&T program grant does not 
release a State agency from its responsibility under paragraph (c)(3) of 
this section to operate an E&T program or from sanctions for 
insufficient performance.
    (G) Federal funds made available to a State agency to operate a 
component under paragraph (f)(1)(vi) of this section must not be used to 
supplant nonfederal funds for existing educational services and 
activities that promote the purposes of this component. Education 
expenses are approvable to the extent that E&T component costs exceed 
the normal cost of services provided to persons not participating in an 
E&T program.
    (iii) Maintenance of Effort. (A) To be eligible for a grant derived 
from the supplemental level of E&T funding described in paragraph 
(d)(1)(i)(B) of this section, a State agency must maintain State 
expenditures on E&T programs and workfare at a level not less than the 
level of such expenditures in FY 1996. A State agency need not expend 
all of its required maintenance of effort funds before it begins 
spending its

[[Page 639]]

supplemental E&T grant. A State agency which intends to spend the 
supplemental allocation for which it is eligible in a fiscal year must, 
in accordance with paragraph (c)(4)(ii) of this section, declare in its 
State E&T plan for that fiscal year its intention to maintain its level 
of expenditures for E&T and workfare at a level not less than the level 
of such expenditures in FY 1996.
    (B) State funds which a State agency expends in order to meet its 
maintenance of effort requirement are not subject to the requirements of 
paragraph (d)(1)(ii) of this section.
    (C) Participant reimbursements paid through State funds shall not 
count toward a State agency's maintenance of effort requirement, except 
in the case of optional workfare programs in which reimbursements to 
participants for work-related expenses are counted as part of the State 
agency's administrative expenses in accordance with section 20(g)(1) of 
the Food Stamp Act.
    (iv) Component costs. FNS shall monitor State agencies' expenditures 
of 100 percent Federal E&T funds, including the costs of individual 
components of State agencies' programs.
    (A) Federal 100 percent E&T funds that State agencies expend in 
accordance with paragraph (d)(1)(ii)(A) of this section are subject to 
component cost reimbursement rates. The rates represent the maximum 
amount of 100 percent Federal funds that FNS will reimburse States on 
average each month for their expenditures in providing work 
opportunities or ``slots'' that meet the requirements of section 
(6)(o)(2)(B) and (C) of the Food Stamp Act.
    (B) Separate reimbursement rates will apply for filled slots and for 
offered slots. A slot is ``filled'' when a participant reports to a work 
or training site to begin his or her work activities. A slot is 
``offered'' when a bona fide workfare or training opportunity is made 
available to a participant (i.e., the participant is told to report to a 
work site at a given date and time) but the participant either refuses 
the assignment or does not report.
    (C) A State agency may claim reimbursement for only one filled slot 
per participant per month. A State agency that assigns one participant 
to two slots in the same month, for example a workfare slot and a 20-
hour-a-week training slot, may only claim reimbursement for one filled 
slot in that month.
    (D) Reconciliation will be conducted on a yearly basis. When 
applying the rate, FNS will sum the number of filled and offered slots a 
State agency reports for a fiscal year and multiply each by the 
appropriate rate. FNS will add the two resulting sums and compare that 
against the State agency's actual expenditure of Federal 100 percent E&T 
money for that fiscal year. If the amount spent is less than the amount 
allowed under the rates, the actual amount would be paid out of the 
State agency's 100 percent Federal E&T grant for that fiscal year. If 
the amount spent by the State agency exceeds the amounts allowed under 
the rates, the State agency will be required to pay that excess amount. 
State funds used to cover any shortfalls will be eligible for the 
standard 50 percent Federal match in accordance with paragraph 
(d)(1)(vi) of this section and Sec. 273.22(g).
    (v) Participant reimbursements. The State agency shall provide 
payments to participants in its E&T program, including applicants 
required to perform job search and volunteers, for expenses that are 
reasonably necessary and directly related to participation in the E&T 
program. These payments may be provided as a reimbursement for expenses 
incurred or in advance as payment for anticipated expenses in the coming 
month. The State agency shall inform each E&T participant that allowable 
expenses up to the amounts specified in paragraphs (d)(1)(v)(A) and 
(d)(1)(v)(B) of this section will be reimbursed by the State agency upon 
presentation of appropriate documentation. Reimbursable costs may 
include, but are not limited to, dependent care costs, transportation, 
and other work, training or education related expenses such as uniforms, 
personal safety items or other necessary equipment, and books or 
training manuals. These costs shall not include the cost of meals away 
from home. Any allowable costs incurred by a noncompliant E&T 
participant that are reasonably necessary and directly related to 
participation in

[[Page 640]]

the conciliation process shall be reimbursable under paragraphs 
(d)(1)(v)(A) and (d)(1)(v)(B) of this section. The State agency may 
reimburse participants for expenses beyond the amounts specified in 
paragraphs (d)(1)(v)(A) and (d)(1)(v)(B) of this section, however, only 
costs which are up to but not in excess of those amounts shall be 
subject to Federal cost sharing. Reimbursement shall not be provided 
from E&T grants provided under paragraph (d)(1)(i) of this section. Any 
expense covered by a reimbursement under this section shall not be 
deductible under Sec. 273.10(d)(1)(i). Reimbursements shall be provided 
as follows:
    (A) The costs of such dependent care expenses that are determined by 
the State agency to be necessary for the participation of a household 
member in the E&T program up to the actual cost of dependent care, the 
local market rate, or the Statewide limit, whichever is lowest. A 
dependent care reimbursement shall be provided to an E&T participant for 
all dependents requiring dependent care unless otherwise prohibited by 
this section. A reimbursement shall not be provided for a dependent age 
13 or older unless the dependent is physically and/or mentally incapable 
of caring for himself or herself or under court supervision. A 
reimbursement shall be provided for all dependents who are physically 
and/or mentally incapable of caring for themselves or who are under 
court supervision, regardless of age, if dependent care is necessary for 
the participation of a household member in the E&T program. Verification 
of the physical and/or mental incapacity is questionable. Also, 
verification of a court imposed requirement for the supervision of a 
dependent age 13 or older is necessary if the need for dependent care is 
questionable. If more than one household member is required to 
participate in the E&T program, the State agency shall provide 
reimbursement for the actual cost of dependent care, the local market 
rate, or the Statewide limit, whichever is lowest, for each dependent in 
the household, regardless of the number of household members 
participating in the E&T program. An individual who is the caretaker 
relative of a dependent in a family receiving benefits under the TANF 
program in a local area where an employment, training, or education 
program under the TANF program is in operation, or was in operation on 
September 19, 1988, is not eligible for such reimbursement. An E&T 
participant is not entitled to the dependent care reimbursement if a 
member of the E&T participant's food stamp household provides the 
dependent care services. The State agency must verify the participant's 
need for dependent care and the cost of the dependent care prior to the 
issuance of the reimbursement. The verification must include the name 
and address of the dependent care provider, the cost and the hours of 
service, e.g., five hours per day, five days per week for two weeks. A 
participant may not be reimbursed for dependent care services beyond 
that which is required for participation in the E&T program. In lieu of 
providing reimbursements for dependent care expenses, a State agency may 
arrange for dependent care through providers by the use of purchase of 
service contracts, by providing vouchers to the household or by other 
means. A State agency may require that dependent care provided or 
arranged by the State agency meet all applicable standards of State and 
local law, including requirements designed to ensure basic health and 
safety protections, e.g., fire safety. An E&T participant may refuse 
available appropriate dependent care as provided or arranged by the 
State agency, if the participant can arrange other dependent care or can 
show that such refusal will not prevent or interfere with participation 
in the E&T program as required by the State agency. A State agency may 
claim 50 percent of costs for dependent care services provided or 
arranged by the State agency up to the actual cost of dependent care, 
the local market rate, or the Statewide limit, whichever is lowest.
    (B) The actual costs of transportation and other costs (excluding 
dependent care costs) that are determined by the State agency to be 
necessary and directly related to participation in the E&T program up to 
$25 per participant per month. Such costs shall be the actual costs of 
participation unless the State agency has a

[[Page 641]]

method approved in its State E&T plan for providing allowances to 
participants to reflect approximate costs of participation. If a State 
agency has an approved method to provide allowances rather than 
reimbursements, it must provide participants an opportunity to claim 
actual expenses which exceed the standard, up to $25 or such other 
maximum level of reimbursements which is established by the State 
agency.
    (C) No participant cost which has been reimbursed under a workfare 
program under Sec. 273.22, title IV of the Social Security Act or other 
work program shall be reimbursed under this section.
    (D) Any portion of dependent care costs which are reimbursed under 
this section may not be claimed as an expense and used in calculating 
the dependent care deduction under Sec. 273.9(d)(4) for determining 
benefits.
    (E) The State agency shall inform all mandatory E&T participants 
that they may be exempted from E&T participation if their monthly 
expenses that are reasonably necessary and directly related to 
participation in the E&T program exceed the allowable reimbursement 
amount. Persons for whom allowable monthly expenses in an E&T component 
exceed the amounts specified under paragraphs (d)(1)(v)(A) and 
(d)(1)(v)(B) of this section shall not be required to participate in 
that component. These individuals shall be placed, if possible, in 
another suitable component in which the individual's monthly E&T 
expenses would not exceed the allowable reimbursable amount paid by the 
State agency. If a suitable component is not available, these 
individuals shall be exempted from E&T participation until a suitable 
component is available or the individual's circumstances change and his/
her monthly expenses do not exceed the allowable reimbursable amount 
paid by the State agency. Individuals exempted because their monthly 
expenses exceed the allowable reimbursable amounts specified under 
paragraphs (d)(1)(v)(A) and (d)(1)(v)(B) of this section may volunteer 
to participate in the E&T program. Volunteers must be informed that 
their allowable expenses in excess of the reimbursable amounts will not 
be reimbursed. Dependent care expenses incurred that are otherwise 
allowable but not reimbursed because they exceed the reimbursable amount 
specified under paragraph (d)(1)(v)(B) shall be considered in 
determining a dependent care deduction under 7 CFR 273.9(d)(4).
    (vi) Fifty percent of all other administrative costs incurred by 
State agencies in operating employment and training programs, above the 
costs referenced in paragraphs (d)(1)(i) of this section, shall be 
funded by the Federal government.
    (vii) Enhanced cost-sharing due to placement of workfare 
participants in paid employment is available only for workfare programs 
funded under Sec. 273.22(g) at the 50 percent reimbursement level and 
reported as such.
    (2) Funding mechanism. Employment and training program funding will 
be disbursed through States' Letters of Credit in accordance with 
Sec. 277.5 of the regulations. The State agency shall ensure that 
records are maintained which support the financial claims being made to 
FNS.
    (3) Fiscal recordkeeping and reporting requirements. Total 
employment and training expenditures shall be reported on the Financial 
Status Report (SF-269) in the column containing ``other'' expenses. 
Employment and training expenditures shall also be separately identified 
in an attachment to the SF-269 to show, as provided in instructions, 
total State and Federal employment and training expenditures; 
expenditures funded with the unmatched Federal grants; State and Federal 
expenditures for participant reimbursements; State and Federal 
expenditures for employment and training costs at the 50 percent 
reimbursement level; and State and Federal expenditures for optional 
workfare program costs, operated under section 20 of the Food Stamp Act 
and Sec. 273.22 of the regulations. Claims for enhanced funding for 
placements of participants in employment after their initial 
participation in the optional workfare program shall be submitted in 
accordance with Sec. 273.22. States shall include as footnotes to the 
FNS-269 the amount of Federal 100 percent E&T funding spent

[[Page 642]]

on slots created under a workfare program as described in Sec. 273.22 or 
a comparable program, and the amount of Federal 100 percent E&T funding 
spent on slots created under a 20-hour-a-week work program as described 
in paragraph (d)(1)(ii)(A) of this section.
    (e) Work registrant requirements. Work registrants shall:
    (1) Participate in an employment and training program if assigned by 
the State agency;
    (2) Respond to a request from the State agency or its designee for 
supplemental information regarding employment status or availability for 
work;
    (3) Report to an employer to whom referred by the State agency or 
its designee if the potential employment meets the suitability 
requirements described in paragraph (i) of this section;
    (4) Accept a bona fide offer of suitable employment at a wage not 
less than the higher of either the applicable State or Federal minimum 
wage;
    (f) Employment and training programs. Persons required to register 
for work and not exempted by the State agency from placement in an 
employment and training program shall be subject to the requirements 
imposed by the State agency for that individual. Such individuals are 
referred to in this section as E&T mandatory participants. Requirements 
may vary among participants. Failure to comply without good cause with 
the requirements imposed by the State agency shall result in 
disqualification as specified in Sec. 273.7(g).
    (1) Components. To be considered acceptable by FNS, any component 
offered by a State agency shall entail certain levels of effort by the 
participants. The level of effort should be comparable to spending 
approximately 12 hours a month for two months (or less in workfare or 
work experience components if the household's benefit divided by the 
minimum wage is less than this amount) making job contacts; however, FNS 
may approve components which do not meet this guideline which it 
determines will advance program goals. An initial screening by an 
eligibility worker to determine whom to place in an employment and 
training program does not constitute a component. An employment and 
training program offered by a State agency must offer one or more of the 
following components:
    (i) A job search program comparable to that required for the TANF 
program under Part A of title IV of the Social Security Act. The State 
may require that an individual participate in a job search program from 
the time an application is filed for an initial period of up to eight 
consecutive weeks. Following this initial period (which may extend 
beyond the date when eligibility is determined) the State may require an 
additional job search period, not to exceed eight weeks (or its 
equivalent) in any period of 12 consecutive months. The first such 
period of 12 consecutive months shall begin at any time following the 
close of the initial period. States must not impose requirements which 
would delay the determination of an individual's eligibility for aid or 
in issuing benefits to any household which is otherwise eligible.
    (ii) A job search training program that includes reasonable job 
search training and support activities. Such a program may consist of 
job 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. Job search training activities are 
approvable if they directly enhance the employability of the 
participants. A direct link between the job search training activities 
and job-readiness must be established for a component to be approved.
    (iii) A workfare program as described in Sec. 273.22;
    (iv) A program 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. Such an employment 
or training experience shall:
    (A) Limit employment experience assignments to projects that serve a 
useful public purpose in fields such as health, social services, 
environmental

[[Page 643]]

protection, urban and rural development, welfare, recreation, public 
facilities, public safety, and day care;
    (B) To the extent possible, use the prior training, experience, and 
skills of the participating member in making appropriate employment or 
training experience assignments;
    (C) 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
    (D) Provide the same benefits and working conditions that are 
provided at the job site to employees performing comparable work for 
comparable hours.
    (v) A project, program or experiment such as a supported work 
program, or a JTPA or State or local program aimed at accomplishing the 
purpose of the employment and training program.
    (vi) Educational programs or activities to improve basic skills 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 as specified under 
paragraph (f) of this section. Allowable educational activities may 
include, but are not limited to, high school or equivalent educational 
programs, remedial education programs to achieve a basic literacy level, 
and instructional programs in English as a second language. Only 
educational components that directly enhance the employability of the 
participants are allowable. A direct link between the education and job-
readiness must be established for a component to be approved.
    (vii) A program designed to improve the self-sufficiency of 
recipients through self-employment including programs that provide 
instruction for self-employment ventures.
    (2) Exemptions. Subject to the requirements for overall plan 
approval by the Secretary, State agencies may exempt certain work 
registered individuals and categories of individuals from employment and 
training participation. Individual exemptions shall be evaluated at each 
recertification and exemptions granted to categories of persons should 
be reviewed no less frequently than annually to determine whether they 
remain valid. If a State recognizes that because of changes in its 
caseload the exemption limit set forth in its approved plan is 
insufficient, the State may seek to amend its State plan during the 
year. FNS will consider changes in a State's caseload in determining 
whether a State has complied with its exemption limit.
    (i) Persons who have participated in the Food Stamp Program for 30 
days or less may be exempted from participation.
    (ii) Categories of persons for whom an employment and training 
requirement would be impracticable may be exempted. Factors such as the 
availability of work opportunities and the cost-effectiveness of the 
requirements may be considered. In making the determination of 
exemption, the State agency may designate a category of all households 
residing in a specific area of the State.
    (iii) State agencies may exempt from participation individual 
household members for whom participation is impracticable because of 
personal circumstances such as lack of job readiness, the remote 
location of work opportunities, physical condition, the unavailability 
of dependent care, and monthly E&T expenses that exceed the allowable 
reimbursable amounts specified in paragraphs (d)(1)(ii)(A) and 
(d)(1)(ii)(B) of this section.
    (iv) Persons who are assigned to a job or training component, do not 
commence the component and are determined to have good cause shall be 
considered exempted if the reason for good cause will last for 60 days 
or longer. When the reason for the exemption is no longer applicable, 
the person may be placed in a component.
    (3) Time spent in an employment and training program. (i) The number 
of months a participant spends in an employment and training component 
shall be determined by the State agency with the exception of the 
limitations placed on job search in paragraph (f)(1)(i). The State 
agency may also determine the number of successive components in which a 
participant may be placed.
    (ii) The time spent by the members of a household collectively each 
month in

[[Page 644]]

an employment and training work program including, but not limited to 
those carried out under Sec. 273.7(f)(1) (iii) and (iv), combined with 
any hours worked that month in a workfare program under Sec. 273.22 
shall not exceed the number of hours equal to the household's allotment 
for that month divided by the higher of the applicable State or Federal 
minimum wage. The total hours of participation in an E&T component for 
any household member individually in any month, together with any hours 
worked in a workfare program under Sec. 273.22 and any hours worked for 
compensation (in cash or in kind), shall not exceed 120.
    (4) Voluntary participation. (i) A State agency may operate program 
components in which individuals elect to participate.
    (ii) A State agency shall permit, to the extent it deems 
practicable, persons exempt from the work registration or employment and 
training requirements, or those not exempt who have complied or are 
complying with the requirements, to participate in any employment and 
training program it offers.
    (iii) Voluntary participants in an employment and training component 
shall not be disqualified for failure to comply with employment and 
training requirements.
    (iv) The hours of participation or work of a volunteer may not 
exceed the hours required of E&T mandatory participants, as specified in 
paragraph (f)(3) of this section.
    (5) Priority Service to Volunteers. With prior approval from FNS, 
two State agencies may provide priority service to volunteers through 
September 30, 1995. State agencies that submit an application to provide 
priority service to volunteers have the flexibility to establish 
procedures that deviate from regulations specified under paragraph 
(f)(4) of this section.
    (i) To be eligible for FNS approval, a State agency shall submit an 
application that:
    (A) Describes the volunteer population it intends to serve (e.g., 
number served, volunteer definition, characteristics of the target 
group, percent of volunteer population that are mandatory work 
registrants under normal E&T requirements and percent that are exempt 
from work registration);
    (B) Describes the component activities that will be offered to 
volunteer participants;
    (C) Identifies where the volunteer program will operate (i.e., 
Statewide or selected counties);
    (D) Specifies the duration of the volunteer program;
    (E) Identifies the criteria and research design the State agency 
recommends to evaluate the effectiveness of the program;
    (F) Provides assurances that applicants who are subject to work 
registration as specified under Sec. 273.7 (a) and (b) are required to 
work register as a condition of eligibility;
    (G) Provides assurances that the State agency will meet the 
established performance standards under Sec. 273.7(o); and
    (H) Provides assurances that the evaluation will be conducted by an 
organization separate from the administration of the State agency and 
that ongoing and final result of the evaluation will be provided to FNS.
    (ii) State agencies which receive approval to provide priority 
volunteer service shall:
    (A) Submit a revised E&T plan that incorporates the voluntary 
service provisions;
    (B) Continue to report quarterly (i.e., Form FNS 583) as specified 
under paragraph (c)(6) of this section;
    (C) Meet the performance standards as specified under Sec. 273.7(o); 
and
    (D) Submit data annually which show the number of volunteers who 
fail to complete an assigned E&T activity.
    (g) Failure to comply--(1) Noncompliance with Food Stamp Program 
work regulations. (i) If the State agency determines that an individual 
other than the head of household as defined in Sec. 273.1(d) has refused 
or failed without good cause to comply with the requirements imposed by 
this section and by the State agency, that individual shall be 
ineligible to participate in the Food Stamp Program for two months, as 
provided in this paragraph, and shall be considered an ineligible 
household member, pursuant to Sec. 273.1(b)(2). If the head of household 
fails to comply, the

[[Page 645]]

entire household is ineligible to participate as provided in this 
paragraph. Ineligibility in both cases shall continue either until the 
member who caused the violation complies with the requirement as 
specified in paragraph (h) of this section, leaves the household, 
becomes exempt from work registration through paragraph (b) of this 
section, other than through the exemptions of paragraphs (b)(1)(iii) or 
(b)(1)(v), or for two months, whichever occurs earlier. A household 
determined to be ineligible due to failure to comply with the provisions 
of this section may reestablish eligibility if a new and eligible person 
joins the household as its head of household, as defined in 
Sec. 273.1(d)(2). If any household member who failed to comply joins 
another household as head of the household as specified under 
Sec. 273.1(d)(1) or (d)(2), that entire new household is ineligible for 
the remainder of the disqualification period. If the member who failed 
to comply joins another household where he/she is not head of household, 
the individual shall be ineligible for two months and shall be 
considered an ineligible household member pursuant to Sec. 273.1(b)(2).
    (ii) The State agency shall develop conciliation procedures to be 
used upon determining that an individual has refused or failed to comply 
with an E&T requirement. The purpose of the conciliation effort is to 
determine the reason(s) the work registrant did not comply with the E&T 
requirement and provide the noncomplying individual with an opportunity 
to comply prior to the issuance of the notice of adverse action. The 
conciliation period shall begin the day following the date the State 
agency learns of the noncompliance and shall continue for a period not 
to exceed 30 calendar days. Within this conciliation period, the State 
agency shall, at a minimum, contact the noncomplying household member to 
ascertain the reason(s) for the noncompliance and determine whether good 
cause for the noncompliance exists, as discussed in paragraph (m) of 
this section. If good cause does not exist, the State agency shall 
inform the household member of the pertinent E&T requirements and the 
consequences of failing to comply. The household member shall be 
informed of the action(s) necessary for compliance and the date by which 
compliance must be achieved to avoid the notice of adverse action. This 
date may not exceed the end of the conciliation period. To avoid the 
notice of adverse action, the noncomplying household member must perform 
a verifiable act of compliance, such as attending a job search training 
session or submitting a report of job contacts. Verbal commitment by the 
household member is not sufficient, unless the household member is 
prevented from complying by circumstances beyond the household member's 
control, such as the unavailability of a suitable component. If it is 
apparent that the individual will not comply (i.e., the individual 
refuses to comply and does not have good cause), the State agency may 
end the conciliation period early and proceed with the issuance of the 
notice of adverse action under paragraph (g)(1)(iii) of this section. 
The individual's refusal to comply shall be documented in the casefile.
    (iii) If the work registrant does not comply during the conciliation 
period the State agency shall issue a notice of adverse action to the 
individual or household, as specified in Sec. 273.13, no later than the 
last day of the conciliation period. If the notice of adverse action is 
issued prior to the end of the conciliation period, the notice may be 
cancelled if the State agency is able to verify that compliance was 
achieved by the end of the conciliation period.
    (iv) If an individual refuses or fails to comply with any of the 
work requirements imposed by this section, other than the E&T 
requirements, the State agency shall determine whether good cause for 
the noncompliance exists, as discussed in paragraph (m) of this section. 
Within ten days of the State agency determining the noncompliance was 
without good cause, the State agency shall provide the individual or 
household with a notice of adverse action, as specified in Sec. 273.13.
    (v) The notice of adverse action shall contain the particular act of 
noncompliance committed, the proposed period of disqualification and 
shall specify that the individual or household may reapply at the end of 
the disqualification period. Information shall

[[Page 646]]

also be included on or with the notice describing the action which can 
be taken to end or avoid the sanction, and procedures contained in 
paragraph (h) of this section. The disqualification period shall begin 
with the first month following the expiration of the ten-day adverse 
notice period, unless a fair hearing is requested.
    (vi) Each individual or household has a right to request a fair 
hearing, in accordance with Sec. 273.15, to appeal a denial, reduction, 
or termination of benefits due to a determination of nonexempt status, 
or a State agency determination of failure to comply with the work 
registration or employment and training requirements of this section. 
Individuals or households may appeal State agency actions such as 
exemption status, the type of requirement imposed, or State agency 
refusal to make a finding of good cause if the individual or household 
believes that a finding of failure to comply has resulted from improper 
decisions on these matters. The State agency or its designee operating 
the relevant component shall receive sufficient advance notice to either 
permit the attendance of a representative or ensure that a 
representative will be available for questioning over the phone during 
the hearing. A representative of the appropriate agency shall be 
available through one of these means. A household shall be allowed to 
examine its E&T component casefile at a reasonable time before the date 
of the fair hearing, except for confidential information (which may 
include test results) that the agency determines should be protected 
from release. Confidential information not released to a household may 
not be used by either party at the hearing. The results of the fair 
hearing shall be binding on the State agency.
    (2) Failure to comply with a work requirement under title IV of the 
Social Security Act, or unemployment compensation work requirement. A 
household containing a member who was exempt from work registration in 
accordance with paragraph (b)(1)(iii) or (b)(1)(v) of this section 
because he or she was registered for work under title IV or unemployment 
compensation and who fails to comply with a title IV or unemployment 
compensation requirement comparable to a food stamp work registration or 
employment and training program requirement shall be treated as though 
the member had failed to comply with the corresponding food stamp 
requirements.
    (i) If the State agency learns that a household member has refused 
or failed without good cause to comply with a title IV or unemployment 
compensation requirement, the State agency shall determine whether the 
requirement was comparable. Similarly, if the household reports the loss 
or denial of TANF or unemployment compensation or if the State agency 
otherwise learns of such loss or denial, the State agency will determine 
whether the loss or denial was caused by a determination by the 
administering agency that a household member refused or failed without 
good cause to comply with the work requirement and, if so, whether the 
requirement was comparable to the work registration or employment and 
training program requirement. The title IV or unemployment compensation 
requirement shall not be considered comparable if it places 
responsibilities on the household which exceed those imposed by the food 
stamp work registration or FNS approved employment and training program 
requirements.
    (ii) If the State determines that the title IV or unemployment 
compensation requirement is comparable, the individual or household (if 
the individual who committed the violation is the head of household) 
shall be disqualified in accordance with the following provisions. The 
State agency shall provide a notice of adverse action as specified in 
Sec. 273.13 within 10 days after learning of the household member's 
noncompliance with the unemployment compensation or title IV 
requirement. The notice shall comply with the requirements of 
Sec. 273.7(g)(1). An individual or household shall not be disqualified 
from participation if the noncomplying member meets one of the work 
registration exemptions provided in Sec. 273.7(b) other than the 
exemptions provided in paragraphs (b)(1)(iii) and (b)(1)(v) of that 
section. Household members who fail to comply with a noncomparable title 
IV or unemployment compensation requirement shall

[[Page 647]]

lose their exemption under Sec. 273.7(b)(1) (iii) and (v), and must 
register for work if required to do so in Sec. 273.7(a).
    (iii) If the State agency determination of noncompliance with a 
comparable title IV or unemployment compensation work requirement leads 
to a denial or termination of the individuals or household's food stamp 
benefits, the individual or household has a right to appeal the decision 
in accordance with the provisions of Sec. 273.7(g)(1).
    (iv) A disqualified individual or household may resume participation 
in the Program in accordance with paragraph (h) of this section.
    (h) Ending disqualification. Following the end of the 2 month 
disqualification period for noncompliance with the work registration or 
employment and training requirements, participation may resume if a 
disqualified individual or household applies again and is determined 
eligible. Eligibility may be reestablished by a household during a 
disqualification period and the household shall (if otherwise eligible) 
be permitted to resume participation if the head of the household 
becomes exempt from the work registration requirement, is no longer a 
member of the household, or complies with the appropriate requirement 
listed in paragraph (h)(1) through (h)(5) of this section. An individual 
who has been disqualified for noncompliance may be permitted to resume 
participation during the disqualification period (if otherwise eligible) 
by becoming exempt from work registration or by complying with the 
following appropriate requirements:
    (1) Refusal to register--registration by the household member.
    (2) Refusal to respond to a request from the State agency or its 
designee requiring supplemental information regarding employment status 
or availability for work--compliance with the request.
    (3) Refusal to report to an employer to whom referred--reporting to 
this employer if work is still available or to another employer to whom 
referred.
    (4) Refusal to accept a bona fide offer of suitable employment to 
which referred--acceptance of the employment if still available to the 
participant, or securing other employment which yields earnings per week 
equivalent to the refused job, or securing any other employment of at 
least 30 hours per week or securing employment of less than 30 hours per 
week but with weekly earnings equal to the Federal minimum wage 
multiplied by 30 hours.
    (5) Refusal to comply with a State agency (or its designee) 
assignment as part of an FNS approved employment and training program--
compliance with the assignment or an alternative assignment by the State 
agency.
    (i) Suitable employment. (1) In addition to any criteria established 
by State agencies, employment shall be considered unsuitable if:
    (i) The wage offered is less than the highest of:
    (A) The applicable Federal minimum wage; (B) the applicable State 
minimum wage; or (C) eighty percent (80%) of the Federal minimum wage if 
neither the Federal nor State minimum wage is applicable.
    (ii) The employment offered is on a piece-rate basis and the average 
hourly yield the employee can reasonably be expected to earn is less 
than the applicable hourly wages specified under paragraph (i)(1)(i) of 
this section.
    (iii) The household member, as a condition of employment or 
continuing employment, is required to join, resign from, or refrain from 
joining any legitimate labor organization.
    (iv) The work offered is at a site subject to a strike or lockout at 
the time of the offer unless the strike has been enjoined under section 
208 of the Labor-Management Relations Act (29 U.S.C. 78) (commonly known 
as the Taft-Hartley Act), or unless an injunction has been issued under 
section 10 of the Railway Labor Act (45 U.S.C. 160).
    (2) In addition, employment shall be considered suitable unless the 
household member involved can demonstrate or the State agency otherwise 
becomes aware that:
    (i) The degree of risk to health and safety is unreasonable.
    (ii) The member is physically or mentally unfit to perform the 
employment, as documented by medical evidence or by reliable information 
from other sources.
    (iii) The employment offered within the first 30 days of 
registration is not

[[Page 648]]

in the member's major field of experience.
    (iv) The distance from the member's home to the place of employment 
is unreasonable considering the expected wage and the time and cost of 
commuting. Employment shall not be considered suitable if daily 
commuting time exceeds 2 hours per day, not including the transporting 
of a child to and from a child care facility. Nor shall employment be 
considered suitable if the distance to the place of employment prohibits 
walking and neither public nor private transportation is available to 
transport the member to the jobsite.
    (v) The working hours or nature of the employment interferes with 
the member's religious observances, convictions, or beliefs. For 
example, a Sabbatarian could refuse to work on the Sabbath.
    (j) Participation of strikers. Strikers whose households are 
eligible under the criteria in Sec. 273.1(g) shall be subject to the 
work registration requirements unless exempt under paragraph (b) of this 
section at the time of application.
    (k) Registration of certain PA, GA, and refugee households. (1) 
State agencies may request approval from FNS to substitute State or 
local procedures for work registration for PA households not subject to 
the work requirements under title IV of the Social Security Act or for 
GA households. Work requirements imposed on refugees participating in 
refugee resettlement programs including but not limited to the 
Indochinese Refugee Assistance Program may also be substituted, with FNS 
approval. To receive approval, it must be demonstrated that:
    (i) The work registration procedures are at least equivalent to food 
stamp work registration requirements;
    (ii) Registrants' activities are monitored so that appropriate 
sanctions as required by these regulations will be applied. However, if 
additional work requirements (beyond those required under this section) 
are placed on household members, a household's food stamp benefits shall 
not be denied for the failure of a household member to comply with a 
requirement that exceeds the requirements of this section. For example, 
if a State rule requires individuals to register for work through age 
65, any individual 60 years of age or older who fails to comply shall 
not be denied food stamp benefits as a result of that failure;
    (iii) All household members which are not exempt under paragraph 
(b)(1) of this section are either registered for work under such 
Federal, State or local programs as described in this paragraph, or are 
registered for work as provided in paragraph (a) of this section.
    (2) Household members who are program participants under title IV of 
the Social Security Act or registered for work under unemployment 
compensation and fail to comply with comparable work requirements of 
those programs shall be handled in accordance with the provisions in 
Sec. 273.7(g)(2).
    (l) Household members who are applying for SSI and for food stamps 
under Sec. 273.2(k)(1)(i) shall have the requirement for work 
registration waived until:
    (1) They are determined eligible for SSI and thereby become exempt 
from work registration, or
    (2) They are determined ineligible for SSI and where applicable, a 
determination of their work registration status is then made through 
recertification procedures in accordance with 
Sec. 273.2(k)(1)(iii)(B)(2), or through other means.
    (m) Determining good cause. The State agency shall be responsible 
for determining good cause in those instances where the work registrant 
has failed to comply with the work registration, employment and 
training, and voluntary quit requirements of this section. In 
determining whether or not good cause exists, the State agency shall 
consider the facts and circumstances, including information submitted by 
the household member involved and the employer. Good cause shall include 
circumstances beyond the member's control, such as, but not limited to, 
illness, illness of another household member requiring the presence of 
the member, a household emergency, the unavailability of transportation, 
or the lack of adequate child care for children who have reached age six 
but are under age 12.

[[Page 649]]

    (n) Voluntary quit. No household whose head of household, as defined 
in Sec. 273.1(d)(2), voluntarily quits a job of 20 hours a week or more 
without good cause 60 days or less prior to the date of application or 
at any time thereafter shall be eligible for participation in the 
program as specified below. At the time of application, the State agency 
shall explain to the applicant the consequences of the head of household 
quitting a job without good cause, and of the consequence of a person 
joining the household as its head if that individual has voluntarily 
quit employment.
    (1) Determining whether a voluntary quit occurred and application 
processing. (i) When a household files an application for participation, 
or when a participating household reports the loss of a source of 
income, the State agency shall determine whether any household member 
voluntarily quit his or her job. Benefits shall not be delayed beyond 
the normal processing times specified in Sec. 273.2 pending the outcome 
of this determination. This provision applies only if the employment 
involved 20 hours or more per week or provided weekly earnings at least 
equivalent to the Federal minimum wage multiplied by 20 hours; the quit 
occurred within 60 days prior to the date of application or anytime 
thereafter; and the quit was without good cause. Changes in employment 
status that result from reducing hours of employment while working for 
the same employer, terminating a self-employment enterprise or resigning 
from a job at the demand of the employer will not be considered a 
voluntary quit for purposes of this section. An employee of the Federal 
Government, or of a State or local government who participates in a 
strike against such government, and is dismissed from his or her job 
because of participation in the strike, shall be considered to have 
voluntarily quit his or her job without good cause. If an individual 
quits a job, secures new employment at comparable wages or hours and is 
then laid off or, through no fault of his own loses the new job, the 
earlier quit will not form the basis of a disqualification.
    (ii) In the case of an applicant household, the State agency shall 
determine whether any currently unemployed (i.e. employed less than 20 
hours per week or receiving less than weekly earnings equivalent to the 
Federal minimum wage multiplied by 20 hours) household member who is 
required to register for work or who is exempt through 
Sec. 273.7(b)(1)(vii) has voluntarily quit his or her job within the 
last 60 days. If the State agency learns that a household has lost a 
source of income after the date of application but before the household 
is certified, the State agency shall determine whether a voluntarily 
quit occurred.
    (iii) The State agency shall determine whether any household member 
voluntarily quit his or her job while participating in the Program, 
within 60 days prior to applying for participation, or in the time 
between application and certification. If a household is already 
participating when a quit which occurred prior to certification is 
discovered, the household shall be regarded as a participating household 
and the 90 day sanction shall be imposed in accordance with 
Sec. 273.7(n)(1)(vi).
    (iv) If a determination of voluntary quit is established, the State 
agency shall then determine if the member who quit is the head of 
household as defined in Sec. 273.1(d)(2).
    (v) Upon the determination that the head of household voluntarily 
quit employment, the State agency shall determine if the voluntary quit 
was with good cause as defined in Sec. 273.7(n)(3). In the case of an 
applicant household, if the voluntary quit was without good cause, the 
household's application for participation shall be denied and sanction 
imposed for 90 days, starting from the date of quit. The State agency 
shall provide the applicant household with a notice of denial in 
accordance with Sec. 273.2(g)(3). The notice shall inform the household 
of the proposed period of disqualification; its right to reapply at the 
end of the 90 day period; and of its right to a fair hearing. In the 
case of participating households, benefits shall be terminated for a 
period of 90 days, in accordance with paragraph (n)(1)(vi) of this 
section.
    (vi) If the State agency determines that the head of a participating 
household voluntarily quit his or her job

[[Page 650]]

while participating in the program or discovers a quit which occured 
within 60 days prior to application for benefits or between application 
and certification, the State agency shall provide the household with a 
notice of adverse action as specified in Sec. 273.13 within 10 days 
after the determination of a quit. Such notification shall contain the 
particular act of noncompliance committed, the proposed period of 
ineligibility, the actions which may be taken to end or avoid the 
disqualification, and shall specify that the household may reapply at 
the end of the disqualification period. Except as otherwise specified in 
this paragraph, the period of ineligibility shall run continuously for 
three months or 90 days, beginning with the first of the month after all 
normal procedures for taking adverse action have been followed. The 90 
day disqualification period may be converted to a three calendar month 
period only for participating households. If a voluntary quit occurs in 
the last month of a certification period or is determined in the last 30 
days of the certification period the household shall be denied 
recertification for a period of 90 days beginning with the day after the 
last certification period ends. If such household does not apply for 
food stamp benefits by the end of the certification period, a claim 
shall be established for the benefits received by the household for up 
to 90 days beginning the first of the month after the month in which the 
quit occurred. If there are fewer than 90 days from the first of the 
month after the month in which the quit occurred to the end of the 
certification period, a claim shall be imposed, and the household shall 
remain ineligible for benefits for a prorated number of days, with the 
end result that a claim was established or the household was ineligible 
for a full 90 day period. Each household has a right to a fair hearing 
to appeal a denial or termination of benefits due to a determination 
that the head of household voluntarily quit his or her job without good 
cause. If the participating household's benefits are continued pending a 
fair hearing and the State agency determination is upheld, the 
disqualification period shall begin the first of the month after the 
hearing decision is rendered.
    (vii) Persons who have been disqualified for quitting a job as head 
of one household will carry their sanction with them if they join a new 
household as its head. The new household will remain ineligible for the 
remainder of the sanction period unless the person who caused the 
disqualification ends it in a manner prescribed in Sec. 273.7(n)(5). If 
an individual who voluntarily quit joins a new household and is not the 
household head the sanction shall be terminated as specified under 
Sec. 273.1(d)(1) or (d)(2).
    (viii) If an application for participation in the Program is filed 
in the third month of disqualification, the State agency shall in accord 
with Sec. 273.10(a)(3) use the same application for the denial of 
benefits in the remaining month of disqualification and certification 
for any subsequent month(s) if all other eligibility criteria are met.
    (2) Exemptions from voluntary quit provisions. Persons who are 
exempt from the work registration provisions in Sec. 273.7(b) at the 
time of the quit, with the exception of those exempted by 
Sec. 273.7(b)(1)(vii) shall be exempt from the voluntary quit 
provisions.
    (3) Good cause. Good cause for leaving employment includes the good 
cause provisions found in Sec. 273.7(m), and resigning from a job that 
does not meet the suitability criteria specified in Sec. 273.7(i). Good 
cause for leaving employment shall also include:
    (i) Discrimination by an employer based on age, race, sex, color, 
handicap, religious beliefs, national origin or political beliefs;
    (ii) Work demands or conditions that render continued employment 
unreasonable, such as working without being paid on schedule;
    (iii) Acceptance by the head of household of employment, or 
enrollment of at least half-time in any recognized school, training 
program or institution of higher education, that requires the head of 
household to leave employment;
    (iv) Acceptance by any other household member of employment or 
enrollment at least half-time in any recognized school, training program 
or institution of higher education in another

[[Page 651]]

county or similar political subdivision which requires the household to 
move and thereby requires the head of household to leave employment;
    (v) Resignations by persons under the age of 60 which are recognized 
by the employer as retirement;
    (vi) Employment which becomes unsuitable by not meeting the criteria 
specified in Sec. 273.7(i) after the acceptance of such employment;
    (vii) Acceptance of a bona fide offer of employment of more than 20 
hours a week or in which the weekly earnings are equivalent to the 
Federal minimum wage multiplied by 20 hours which, because of 
circumstances beyond the control of the primary wage earner, 
subsequently either does not materialize or results in employment of 
less than 20 hours a week or weekly earnings of less than the Federal 
minimum wage multiplied by 20 hours; and
    (viii) Leaving a job in connection with patterns of employment in 
which workers frequently move from one employer to another such as 
migrant farm labor or construction work. There may be some circumstances 
where households will apply for food stamp benefits between jobs 
particularly in cases where work may not yet be available at the new job 
site. Even though employment at the new site has not actually begun, the 
quitting of the previous employment shall be considered as with good 
cause if part of the pattern of that type of employment.
    (4) Verification. (i) To the extent that the information given by 
the household is questionable, as defined in Sec. 273.2(f)(2), State 
agencies shall request verification of the household's statements. The 
primary responsibility for providing verification as provided in 
Sec. 273.2(f)(5) rests with the household. If it is difficult or 
impossible for the household to obtain documentary evidence in a timely 
manner, the State agency shall offer assistance to the household to 
obtain the needed verification. Acceptable sources of verification 
include but are not limited to the previous employer, employee 
associations, union representatives and grievance committees or 
organizations. Whenever documentary evidence cannot be obtained, the 
State agency shall substitute a collateral contact. The State agency is 
responsible for obtaining verification from acceptable collateral 
contacts provided by the household.
    (ii) If the household and State agency are unable to obtain 
requested verification from these or other sources because the cause for 
the quit resulted from circumstances that for good reason cannot be 
verified, such as a resignation from employment due to discrimination 
practices or unreasonable demands by an employer or because the employer 
cannot be located, the household will not be denied access to the 
Program.
    (5) Ending a voluntary quit disqualification. (i) Following the end 
of the disqualification period a household may begin participation in 
the program if it applies again and is determined eligible.
    (ii) Eligibility may be reestablished during a disqualification 
period and the household shall, if otherwise eligible, be permitted to 
resume participation if the member who caused the disqualification 
secures new employment which is comparable in salary or hours to the job 
which was quit, or leaves the household. Comparable employment may 
entail fewer hours or a lower net salary than the job which was quit. 
Eligibility may also be reestablished if the violator becomes exempt 
from the work registration requirements through Sec. 273.7(b) other than 
paragraphs (b)(1)(iii) or (b)(1)(v) of that section. Should a household 
which has been determined to be noncompliant without good cause split 
into more than one household, the sanction shall follow the member who 
caused the disqualification. If a head of household who committed the 
violation joins another food stamp household as head of the household, 
that household shall be ineligible for the balance of the period of 
ineligibility.
    (iii) A household determined ineligible due to a voluntary quit 
without good cause may reestablish eligibility if a new and otherwise 
eligible member joins as its head of household as defined by 
Sec. 273.1(d)(2).
    (o) Performance standards. The Secretary shall establish an annual 
performance standard for the minimum number of eligible persons that 
States

[[Page 652]]

must place in employment and training programs.
    (1) Performance formula. To ascertain a State's level of performance 
at the end of each fiscal year, FNS will divide the number of E&T 
mandatory participants plus volunteers the State has ``placed'' in its 
E&T program over the course of the year (the numerator) by the number of 
E&T mandatory participants who were eligible to have been placed in the 
program over the course of the year plus volunteers (the denominator). 
The denominator is herein referred to as the ``base of eligibles.''
    (2) Counting placements in an employment and training program. State 
agencies may consider a person placed in an E&T program, for purposes of 
performance standards, if the person commences an employment and 
training component, or fails to comply with E&T requirements and is 
denied certification or is sent a Notice of Adverse Action for the 
noncompliance. NOAAs sent for noncompliance with work registration 
optional workfare or voluntary quit shall not count as placements. 
Assigned persons who have good cause for noncompliance shall not be 
counted as placed. If the good cause for the noncompliance is temporary 
(less than 60 days), the person shall be referred again to a component 
as soon as practicable. If the good cause represents a situation or 
condition which will continue for 60 days or more, the person shall be 
considered exempt by the State agency. If a participant reports to a 
component which involves several months, that individual would be 
counted as placed in the initial month only. Each time a participant is 
placed in a different component after having completed a prior 
component, he/she may be counted as placed. If participation in one type 
of E&T component is not continuous, the participant may be counted as 
having been placed more than once in the same component. If an E&T 
mandatory participant does not comply with E&T requirements, and a 
Notice of Adverse Action is sent, the person is counted as placed in the 
month the NOAA is mailed.
    (3) Counting the ``base of eligibles''. The base of persons eligible 
to participate in an E&T program (the denominator) consists of all 
nonexempt work registrants in the month of October plus newly work 
registered food stamp recipients who have not been exempted by the State 
under Sec. 273.7(f)(2) of these regulations from participation in an E&T 
program, and food stamp program applicants who are assigned by the State 
to enter an E&T component at the time of application and are 
subsequently certified for food stamp participation. These groups are 
considered E&T mandatory participants. In addition, volunteers who are 
placed in an E&T component shall be counted in the base of eligibles. 
State agencies need not count any individual in the base of eligibles 
more than once in a fiscal year. For purposes of computing the base of 
eligibles for the two performance standard reporting periods of Fiscal 
Year 1989 (first quarter and the remaining three quarters) the first 
quarter base of eligibles is the cumulative total of 25 percent of the 
number of E&T mandatory participants in the State in October 1988 
(including persons in work registrant status carried over from the 
previous fiscal year), plus new E&T mandatory participants registered 
during November and December 1988, plus volunteers placed in E&T 
components during the quarter. The second performance period base of 
eligibles is the total of 75 percent of the October 1988 count of E&T 
mandatory participants plus new E&T mandatory participants registered 
during the months of January through September 1989, plus volunteers 
placed in E&T components during these same nine months.
    (4) Applicant participation. Some States may wish to operate a job 
search or other component which begins at the time of Food Stamp Program 
application. The applicants who are placed in this component (who either 
perform the job search or who do not and are denied eligibility for 
failure to comply with the E&T requirement) should be counted as 
``placed''. These persons need be counted in the base of eligibles, or 
the denominator, only if their application is approved, they are 
certified for food stamp benefits and they are work registered. At that 
time, they should be counted as ``newly work registered'' if they have 
not been counted in this category in

[[Page 653]]

the previous 12 months. If an applicant performs a job search and is 
either denied eligibility, for causes other than non-compliance with the 
E&T requirements, or certified but exempted from work registration, the 
individual need not be counted in the base of eligibles.
    (5) Accounting for short-term participants. There are a number of 
work registrants considered E&T mandatory who are counted in the base of 
eligibles but who remain on the Food Stamp Program for such a short 
period of time States are unable to place them in an E&T component. 
These short term recipients inflate the State's base of eligibles and 
make it more difficult for States to meet their performance standard. 
States may choose one of two methods to counteract the effects of short 
term participants.
    (i) States may exempt from E&T participation persons who will leave 
the Food Stamp Program within 30 days of application. This may mean that 
States will not attempt to serve such persons unless they volunteer for 
E&T participation. States must count each individual as having been 
exempted under the reporting requirements of Sec. 273.7(c)(6)(ii).
    (ii) States may, at the close of the fiscal year, subtract 10 
percent from their base of eligibles (denominator) to account for E&T 
mandatory participants who have left the program within 30 days of 
application. This 10 percent adjustment may be made without supporting 
documentation. Since the short term mandatory participants are not 
exempted from participation, States may attempt to place them in a 
component and may count them as placed (in their numerator) if they meet 
the placement criteria of paragraph (o)(2) of this section. For Fiscal 
Year 1989, this 10 percent adjustment may be applied to the base of 
eligible totals for each reporting period resulting from the 
computations specified in paragraph (o)(3) of this section.
    (6) Performance data collection. To determine the annual total in 
the base of eligibles (denominator), State agencies shall count the 
number of E&T mandatory participants (non-exempt work registrants) in 
the State during the month of October, including persons in that status 
who were work registered the prior year. The number of newly work 
registered E&T mandatory participants for each subsequent month should 
be added to the October count. Volunteers placed in components shall be 
added for each month of the fiscal year. Separate counts shall be 
maintained for E&T mandatory participants and volunteers. To determine 
the number of persons ``placed'' in an E&T program (numerator), the 
State agency shall count and add cumulatively every month non-exempt 
work registrants and volunteers who were ``placed'' in a component, as 
defined in paragraph (o)(2) of this section.
    (7) Percentage of persons to be placed. Beginning in Fiscal Year 
1992, 10 percent of the number of mandatory E&T participants, plus 
volunteers who participated, shall be placed in an E&T Program. This 
performance standard shall remain in effect through Fiscal Year 1995.
    (8) Variations in performance standards. (i) The Department will 
adjust the performance standard for an individual State agency if the 
State agency can show, prospectively, that the components it plans to 
offer or the type of participant it plans to serve will require 
significantly higher levels of service. If a State proposes that its 
performance standard be adjusted, it should propose the amount of the 
requested adjustment and provide a justification. The additional 
documentation called for in Sec. 273.7(c) must be submitted to FNS in 
the State's employment and training plan. In determining whether an 
adjustment of the performance standard is warranted and the level of the 
adjustment, FNS will consider the number of persons who will be placed, 
the percentage of planned placements compared to the State's E&T 
mandatory population, the intensity and effectiveness of the components, 
and the cost.
    (ii) Only in extraordinary circumstances should a State expect to 
have a performance standard approved which is lower than 40 percent of 
the nationwide standard.
    (p) State noncompliance with Employment and Training requirements. 
(1) If a State agency fails to efficiently and effectively administer 
its employment

[[Page 654]]

and training program, the provisions of Sec. 276.1(a)(3) shall apply.
    (2) If a State has failed to meet its established performance 
standard, FNS shall determine whether there was good cause for the 
noncompliance. Good cause for State noncompliance is specified in 
Sec. 276.6. In determining whether a State agency has met a performance 
standard, the Secretary will also consider factors such as the extent to 
which volunteers have participated in the employment and training 
program, placements in unsubsidized employment, increases in earnings 
and the reduction in the number of persons participating in the Food 
Stamp Program, and changes in the States caseload, if the State supplies 
the Agency with appropriate documentation. Lack of E & T funding at the 
100 percent Federal level shall not constitute good cause.
    (3) If the Agency finds that there was not sufficient good cause for 
the State's failure to meet its performance standards the Agency may 
disallow administrative funds. The dollar amount of the funds disallowed 
shall be calculated by reducing the amount of the State's 100 percent 
Federal employment and training allocation for the pertinent year 
proportionately to the percentage below its standard the State's 
performance fell. This amount shall then be disallowed from the State's 
administrative funds as specified in Sec. 276.4(c) except that no formal 
warning is required. The Secretary may withhold a larger percentage of 
the allocation depending on the severity of the noncompliance. Appeal 
and administrative review provisions of Sec. 276.1(b), shall apply.
    (4) In addition to the disallowance described in paragraph (p)(2) of 
this section, a State agency shall not receive performance-based funding 
for a given fiscal year in accordance with paragraph (d)(1)(i)(B) of 
this section, if the State agency does not meet its performance standard 
(as establish prospectively) for the second preceding fiscal year.

[Amdt. 132, 43 FR 47889, Oct. 17, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 273.7, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.