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Supplemental Nutrition Assistance Program

Legislative History  - 1997


The Balanced Budget Act of 1997
P.L. 105-33
Aug. 5, 1997
 
Permits State agencies to exempt from the Section 6(o) work requirements for ABAWDs up to 15 percent of a State’s “covered individuals.” “Covered individuals” are those ABAWDs who are not: a) excepted under paragraph 6(o)(3); b) covered by a waiver; c) complying with the work requirement; or d) in their first or second three months of eligibility.
The 15 percent exemption will amount to an average monthly number of exemptions for ABAWDs that USDA will assign to States each fiscal year. For FY 1998, the State may grant an average monthly number of exemptions up to 15% of the total “covered individuals” estimated by USDA based on FY 1996 QC data as adjusted by other significant caseload factors.
Beginning in FY 1999, the 15 percent exemption criteria will also reflect changes in the State’s entire caseload and changes in the proportion of the entire FSP caseload covered by the ABAWD related waivers. UDSA will also adjust the number of exemptions assigned for a current fiscal year based on the actual number of exemptions granted by the States in the preceding year.
Gives USDA the authority to require whatever State reports it deems necessary to ensure compliance with the 15 percent exemption requirements.
Provides additional E&T funding to encourage States to create work slots primarily for ABAWDs.
Retains the current statutory E&T allocation amounts and adds an additional $131 million each fiscal year through 2001. In fiscal year 2002 the additional amount drops to $75 million:
       FY 1998 $81 million+$131 million=$212 million
     FY 1999 $84 million+$131 million=$215 million
     FY 2000 $86 million+$131 million=$217 million
     FY 2001 $88 million+$131 million=$219 million
     FY 2002 $90 million+$ 75 million=$165 million
Allocated funds remain available until expended.
State agencies must use at least 80% of allocated Federal funds each fiscal year to serve ABAWDs who are placed in and comply with a qualifying work, training, or workfare program.
In fiscal year 1998, Federal E&T funds will be allocated based on the estimated proportion of ABAWDs in each State’s food stamp caseload.
In fiscal years 1999 through 2002, E&T funds will be allocated based on the estimated proportion of ABAWDs in each State’s food stamp caseload who do not live in an area granted a waiver of the ABAWD work requirement. However, if a State agency provides E&T services to ABAWDs in a waived area, those ABAWDs are counted when determining the State agency’s E&T allocation.
Each State agency’s proportion of ABAWDs will be estimated using fiscal year 1996 quality control data and other appropriate factors, and will be adjusted each fiscal rear to reflect caseload changes.
Each State agency will be allocated at least $50,000 for each fiscal year.
State agencies must notify FCS if they determine they will not use all of their E&T funds. Unused funds will be reallocated by FCS in an appropriate and equitable manner during the fiscal year or during the subsequent fiscal year.
The Secretary must monitor State agencies’ expenditures of E&T funds, including the cost of individual components. If the Secretary chooses to determine the reimbursable costs of operating E&T components, the Secretary must establish that each State agency’s planned and actual expenditures on the components are reasonable.
In order to receive the additional E&T funds allocated to it under the Balanced Budget Agreement, each State agency must spend the same amount of State money it spent in fiscal year 1996 to administer its E&T program and its optional workfare program (if applicable).
The Secretary must report to the appropriate House and Senate Committees within 30 months after the date of enactment of the Balanced Budget Agreement on whether States have used the additional E&T allocations to increase the number of E&T and workfare.
Adds Cuban and Haitian entrants to the list of aliens eligible for food stamps in section 402 and to the list of qualified aliens in section 431. They are eligible for 5 years from the date granted status as a Cuban-Haitian entrant.
Adds a new section 436 to the PRWORA to provide that aliens who are otherwise ineligible for food stamps are not made eligible for food stamps because they receive SSI.
Adds Amerasian immigrants to the list of aliens eligible for means tested public benefits.
Amends the reference to aliens whose deportation is withheld under section 243(h) of the INA to refer to “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241 (b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104-208).” This brings the PRWORA into conformity with legislation affecting deportations passed subsequent to PRWORA.
Adds a qualifying clause to the description of the veteran eligibility requirement to apply a minimum active duty service requirement. The veteran must have an honorable discharge, not on account of alienage, and must be one “who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38, United States Code” [24 months or the period for which the person was called to active duty].
Adds eligibility for the spouse of a deceased veteran or individual on active duty. A spouse is eligible if he or she is the unremarried surviving spouse of the veteran or person on active duty who is deceased if the marriage fulfills the requirements of section 1304 of title 38, U.S. C. [married for at least one year or for any period if a child was born of the marriage or was born before the marriage].
Expands the definition of a veteran to include military personnel who die during active duty service and certain Filipinos.
Contains a “sense of the Congress” statement that Hmong and other Highland Lao veterans who fought with U.S. forces during the Vietnam conflict and have lawfully been admitted to the U.S. for permanent residence should be considered veterans for purposes of continuing certain welfare benefits consistent with the exceptions provided other noncitizen veterans under the PRWORA. That would make them eligible for food stamps.
Amends the battered alien provision to require that the agency providing the benefits (not the Attorney General) make the determination regarding the connection between the battery and the need for benefits.
Requires the Attorney General to issue guidance concerning the definition of “battery” and “extreme cruelty” and the standards and methods to be used for determining whether a substantial connection exists between the battery and the need for benefits.
Adds the alien child of the battered parent as a qualified alien and exempts that child from the alien deeming provisions.
Provides that not later than 90 days after the enactment of the Welfare Reform Technical Amendments Act of 1997 the Attorney General, in consultation with the Department of Health and Human Services, shall issue interim verification guidance and shall issue regulations by which States or local governments can verify alien eligibility.
Authorizes the Attorney General to disclose information to Federal, State, and local authorities providing benefits to be used to determine the eligibility of battered aliens.
Authorizes SSA to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to other government agencies.
Adds clarification to provide that the quarters of coverage of a parent can be credited to a child if the quarters were worked before the date on which the alien attains age 18. This would allow quarters worked before a child was born to be credited to the child.
 

Last modified: 11/21/2008