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Supplemental Nutrition Assistance Program

Legislative History


Food Security Act of 1985
P.L. 99-198, 99 Stat. 1354-1660
Dec. 23, 1985
 
Permanently added publicly-operated community mental health centers to the definition of "drug addiction or alcoholic treatment and rehabilitation program".
Based the determination of the food sales volume of applicant retail and wholesale food stores on methods customary or reasonable to the industry.
Changed the upper age limit of adults in the reference family for the TFP from 54 to 50.
Expanded the definition of "disabled" to include recipients of supplemental SSI benefits, no service-connected disability benefits for veterans, government disability retirement benefits, and Railroad Retirement disability benefits.
Prohibited participation in the FSP by States in which sales taxes are assessed on food stamp transactions, effective no later than October 1, 1987.
Repealed the ban on dual commodity distribution/FSP operations.
Made households in which all members receive AFDC, SSI, or other disability payments under the SSA categorically eligible for the FSP (subject only to the provisions on institutional status, work requirements, fraud disqualification, and SSI cash-out) through FY 1989; required USDA to conduct a study of categorical eligibility within 2 years.
Prohibited termination of food stamps solely on the basis of termination of participation in another program.
Provided that third-party payments made on behalf of a household by a State or local government are income to the household if the payments are in lieu of payments for living expenses under AFDC or a general assistance program and are not provided for medical, child care, energy, housing, or emergency assistance.
Extended the exclusion for tuition and mandatory fees paid for by educational assistance to students at institutions of post-secondary (rather than "higher") education.
Excluded as income any portion of loans that are origination fees or insurance premiums; prohibited any portion of nonfederal educational assistance provided for living expenses from being excluded as a reimbursement; prohibited any portion of Federal assistance above that used for tuition and mandatory fees from being excluded as a reimbursement; prohibited any portion of educational assistance provided for living expenses from being excluded as a vendor payment.
Permitted farm self-employment losses to be offset against income not from self-employment.
Included as income earnings provided under the Job Training Partnership Act (JTPA), except for dependents under age 19.
Allowed States to exclude child support payments excluded under AFDC if the State pays for the cost of additional benefits paid because of this exclusion.
Replaced references to "homeownership component" of shelter costs in the CPI with "homeowners' costs and maintenance and repair component".
Raised the earned income deduction from 18 to 20 percent.
Uncoupled the child care and shelter deductions and raised the shelter deduction limit to $147 (effective May 1, 1986) and the dependent care deduction to $160 (not indexed).
Permitted States to use either separate standard utility allowances (SUAs) for households which get Low Income Home Energy Assistance Act (LIHEAA) payments and other households, or to give full SUAs to all households; permitted households to switch between SUAs and actual expenses at the end of certification periods and one other time a year.
Required self-employment income to be calculated on the basis of anticipated earnings if prior self-employment income does not reflect actual circumstances.
Limited mandatory MRRB to households with earnings or recent work history; provided authority for the Department to waive mandatory MRRB if State agencies establish that MRRB would result in unwarranted administrative costs; made MRRB a State agency option for other households (except for migrant farmworkers and certain elderly households which must be prospectively budgeted).
Resources
 
-- Raised the asset limit from $1,500 to $2,000 for households with no elderly members; extended the $3,000 asset limit for households with elderly members to one-person households.
-- Permitted the Department to change regulations on inaccessible resources.
-- Excluded from the asset test property necessary to maintain a vehicle excluded from the fair market value test.
-- Excluded one burial plot for each household member.
Required the Secretary to establish a Disaster Task Force and send its members to a disaster area to provide assistance when cost-effective.
Disqualified only the violating member if the person who violates a work requirement is not the head of household.
Extended the work requirements to 16- and 17-year-old heads of households who are not attending school or enrolled in a training program on at least a half-time basis.
Expanded exceptions to student ineligibility to include students assigned to college by JTPA programs.
Updated references to the Immigration and Nationality Act.
Employment and Training/Workfare.
 
-- Required all States to implement an employment and training (E&T) program approved by the Secretary by April 1, 1987.
-- Included as E&T components: job search, job search training, workfare, employment or training experience, or other projects approved by the Secretary.
-- Allowed State agencies to exempt individuals or categories of individuals from the E&T program.
-- Required State agencies to establish requirements for E&T participation for nonexempt individuals. Requirements may vary among individuals, but hours may not exceed 1) for all household members, the quotient of the households's allotment divided by the minimum wage, or 2) 120 per person per month (including both E&T participation and other hours worked for compensation).
-- Required State agencies to reimburse E&T participants for expenses; permitted State agencies to limit reimbursements to $25 per person per month.
-- Required the Secretary to establish State E&T performance standards which can vary by State but cannot exceed 50% of nonexempt persons.
-- Authorized the Secretary to withhold administrative funding if a State agency fails to meet a work program requirement, including a performance standard.
-- Provided the following funding grants for E&T operations only:
     FY 1986: $40 million
   FY 1987: $50 million
   FY 1988: $60 million
   FY 1989: $75 million
   FY 1990: $75 million
-- Provided 50% Federal funding for State agencies E&T expenses (including participant reimbursements up to $12.50 per person per month) above the grant levels.
-- Required a report to Congress on E&T programs by January 1, 1989.
-- Extended workfare requirements to 16- or 17-year-old heads of households if they are not enrolled in school or employment training.
-- Based the workfare obligations of an AFDC/FSP recipient on the combined AFDC grant and food stamp allotment of his/her household.
Authorized State agencies to stagger issuance over the entire month, provided that no household goes more than 40 days between issuances.
Required that any household applying for and receiving benefits in the last 15 days of a month must get its next allotment by the 8th day of the next month.
Required (in lieu of permitting) the Secretary to require State agencies to adopt alternative means of coupon issuance to improve program integrity.
Authorized simplified application/standardized benefit programs for households in which at least one member receives AFDC, SSI, or Medicaid and which meet the gross income test; limited programs to 5 Statewide and 5 local; required that average allotments in simplified application projects cannot be less than what would be provided under regular procedures.
Permitted food stamp retailer information to be shared with WIC State agencies.
Allowed credit unions with food retailers or wholesalers in their fields of membership to redeem food stamps.
Prohibited financial institutions from imposing a redemption fee on retail food stores which submit food stamps in accordance with Federal Reserve requirements (other than cancellation); required the Secretary to consult with the Federal Reserve Board in developing regulations.
Required the Secretary to establish standards for State agencies to periodically review the adequacy of their food stamp offices' hours.
Required one adult household member to certify, under penalty of perjury, the accuracy of information provided in applications.
Required units for detecting and investigating fraud and for assisting fraud prosecutions in project areas with 5,000 or more participating households.
Removed restrictions on the eligibility factors State agencies can mandate to be verified; enacted the regulatory requirement that questionable household size be verified; authorized State agencies to identify additional eligibility factors to be verified.
Added cost-effectiveness as a criterion for requiring photo IDs; authorized State agencies to accept photo IDs of other welfare/PA programs where photo IDs are required.
Required State agencies to provide a means for certifying and issuing food stamps to eligible homeless people while ensuring that only eligible homeless people participate.
Required State agencies to encourage food stamp recipients to participate in the expanded food and nutrition education program (EFNEP) and, upon request of EFNEP personnel and where practicable, to place EFNEP personnel and materials in food stamp offices.
Joint processing:
 
-- Extended SSI joint processing provisions to households in which all members are SSI applicants or participants.
-- Expanded SSI joint processing to include providing information about the availability of food stamp benefits and assistance in applying for the FSP.
-- Revised joint processing for social security applicants/recipients to require providing information about the availability of benefits and of a simple application.
-- Required USDA and DHHS to revise the joint processing memorandum of understanding to insure that the above provisions are met and that DHHS receives reimbursement from USDA for its costs; required a report by April 1, 1987, from USDA to the Congressional Committees on the nature and extent of DHHS' joint processing costs.
Converted the time remaining in the disqualification period of any store that is sold or transferred to a civil money penalty; authorized USDA to seek judicial action to collect the penalty, and prohibited courts, in such event, from reviewing the validity or amount of the penalty; denied authorization to a buyer/transferee that is not bona fide until the civil money penalty is paid; permitted a bona fide buyer/transferee of a disqualified store to be authorized without furnishing a bond.
Provided that every adult household member is liable for the value of an overissuance.
Required State agencies to pursue other means of collecting fraud claims unless those means are not cost effective.
Unemployment Compensation Intercepts
 
-- Permitted State agencies to recover uncollected fraud claims through intercepting unemployment compensation (UC) benefits by agreement with individuals or by obtaining court orders; permitted State agencies to retain 50% of UC intercept recoveries.
-- Amended the Wagner-Peyser Act and the SSA to authorize providing UC information to food stamp State agencies, requiring UC applicants to disclose uncollected fraud overissuances, and withholding amounts from UC benefits for food stamp claims collection purposes.
-- Required food stamp State agencies to reimburse UC State agencies for their administrative costs from the intercepts.
Pegged granting judicial stays to likelihood of prevailing as well as irreparable injury.
Quality Control
 
-- Excluded from State agencies' error rate liability any errors caused by using a Federal automatic information exchange system.
-- Required State agencies to submit QC data expeditiously.
-- Required USDA to notify State agencies of their error rate liability by June 30 of each year and initiate collection action by Sept. 30, subject to the completion of administrative and judicial reviews.
State Agency Automation
 
-- Required USDA with State agency assistance to develop a model ADP plan for public comment as a proposed rule by October 1, 1986, with a final rule by Feb. 1, 1987.
-- Required each State agency that does not already have sufficient computerization to submit a plan by Oct. 1, 1987, for automating its FSP.
-- Required State agencies to begin implementation of their ADP plans by Oct. 1, 1988, and to complete implementation in accordance with timeframes included in their plans; these deadlines could be extended by USDA.
-- Required USDA to report to Congress by April 1, 1988, on the degree and sufficiency of each State agency's actual or planned automation, including additional steps needed. (Periodic updates of the report are also required.)
-- Authorized the Secretary to require State agencies to take specific computerization steps for rectifying identified administrative shortcomings.
-- Extended injunctive relief to State agencies' failure to comply with ADP plan requirements.
QC Study
 
-- Required USDA to study the QC system, focusing on how the system can provide 1) State agencies information on improving administration and 2) reasonable data for establishing each State agency's error rate liability; required a concurrent contracted study by the National Academy of Sciences (NAS); and required a report to Congress, on both studies by one year after enactment of the 1985 Farm Bill.
-- Imposed a six-month moratorium on error rate sanctions;
-- Required publication of regulations by 18 months after enactment restructuring the QC system based on the USDA and the NAS studies and establishing criteria for recomputing prior liabilities using the new system.
-- Required implementation of the new QC system and reductions in administrative funding for error rate liabilities based on the new system for current and past periods beginning two years after enactment.
-- Authorized USDA to use QC data to identify project areas where excessive error rates impair program integrity and to require State agencies to implement new or modified certification procedures in those project areas if they are cost effective; required an annual report to the Agriculture Committees on any project areas identified and any procedures required to be implemented.
Extended SSI cash-out through FY 1990 upon State agency request.
Set authorization limits at:
 
  $13.037 billion for FY 1986
$13.936 billion for FY 1987
$14.741 billion for FY 1988
$15.435 billion for FY 1989
$15.970 billion for FY 1990
Tied allotment reduction for insufficient funding to authorized amounts.
Prohibited the transfer of funds authorized under the FSA to OIG or OGC, effective with FY 1987.
Set future funding for Puerto Rico's NAP at the following levels:
 
  $852.750 million for FY 1987
$879.750 million for FY 1988
$908.250 million for FY 1989
$936.750 million for FY 1990
Deleted the requirement that a single State agency must be responsible for administering Puerto Rico's NAP.

Last modified: 11/21/2008