NCEP [Noncitizen Eligibility and Certification Provisions] Passback Notes and Drafts Marked 11/7/00 [1]
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OCR Page 1 of 90Revised DPC edits
as of 11/7 5pm
REGULATORY IMPACT ANALYSIS
DATE:
November 7,
000November 6, 2000
AGENCY: USDA, FNS
CONTACT: Patrick Waldron
PHONE: 703-305-2805
1. Title: Noncitizen Eligibility and Certification Provisions of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended by Public Laws
104-208, 105-33, 105-185.
2.
Action:
a. Nature: Final Rule
b. Need: This rule implements certification provisions of Pub. L. 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, as
amended by Pub. L. 104-208, the Omnibus Consolidated Appropriations Act of 1996
(OCAA), Pub. L. 105-53, the Balanced Budget Act of 1997, and Pub. L. 105-185, the
Agricultural Research, Extension and Education Reform Act (AREERA) of 1998. It
also implements a change required by Pub. L. 102-367, the Job Training Reform
Amendments of 1992 (also known as the Workforce Investment Act).
c. Background: The PRWORA was enacted on August 22, 1996, OCAA was enacted
on September 30, 1996, and AREERA was enacted on June 23, 1998.
This rule addresses provisions of the legislation designed to increase State agency
flexibility in processing Food Stamp Program (FSP) applications and to allow greater
use of standard amounts for determining deductions and self-employment expenses.
The provisions also give State agencies options to issue partial allotments for
households in treatment centers, count all or part of the income of certain ineligible
aliens in determining the benefits of the rest of the household, issue combined
allotments to certain households entitled to expedited service, and certify households
whose adult members are elderly or disabled up to 24 months and other households
up to 12 months.
Other provisions in the legislation revise requirements for determining alien
eligibility and the eligibility and benefits of sponsored aliens, require that certain
transitional housing payments and most State and local energy assistance be counted
as income, exclude the earnings of students under 18 from income, and require
proration of benefits following any break in certification for most households.
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