DCL-04-18, Open Comment Period - USDA Food Stamp Program Proposed Regulations

DEAR COLLEAGUE LETTER

DCL-04-18

DATE: May 12, 2004

TO: All State IV-D Directors

RE: Open Comment Period - USDA Food Stamp Program Proposed Regulations

Dear Colleague:

This is to inform you of the recent publication by the United States Department of Agriculture (USDA) of a proposed rule, with comment period, to amend the USDA Food Stamp Program regulations to implement 11 provisions of the Farm Security and Farm Investment Act of 2002 (FSRIA) that establish new eligibility and certification requirements for the receipt of food stamps. The FSRIA (Public Law 107-171) was enacted May 13, 2002. The proposed regulations were published in the Federal Register April 16, 2004 (69 FR 20724).

The major provision of the proposed regulations that addresses child support payments would allow states, at their option, to treat legally obligated child support payments by an obligor to a non-household member as income exclusion rather than as income deduction for the household of the obligor making the child support payment. A state Food Stamp agency that chooses to provide a deduction rather than an exclusion of such child support payments must specify in the Food Stamp state plan of operation that the state has selected this option.

Another new provision would allow the Food Stamp agency to rely solely on information provided by the state IV-D agency in determining the obligor’s legal obligations to pay child support, the amount of the obligation, and the amount actually paid, if the obligor pays the child support exclusively through the state IV-D agency and has signed a statement authorizing the release of child support payment records to the state Food Stamp agency. A state Food Stamp agency that chooses to rely solely on the information provided by the state IV-D agency must specify in the Food Stamp state plan of operation that the state has selected this option.

A copy of the Food Stamp NPRM can be viewed on the Federal eRulemaking Portal at: http://www.regulations.gov/fredpdfs/04-08414.pdf or http://www.regulations.gov/freddocs/04-08414.htm.

We encourage state IV-D Directors to review the proposed regulations and to consult with their state Food Stamp agency regarding these proposed regulations. We also encourage you to send your comments to USDA before the June 15, 2004, deadline for receipt of comments. The proposed regulations provide specifics for the submittal of comments by mail, e-mail, fax, disk or CD-ROM, hand delivery or courier, or the Federal eRulemaking Portal at http://www.regulations.gov. We would appreciate your sending us a copy of any comments you submit to USDA.

If you have questions, or need additional information, please contact Andrew J. Hagan, OCSE Policy Division, at 202-401-5375 or ahagan@acf.hhs.gov.

Sincerely,

Sherri Z. Heller, Ed.D.
Commissioner
Office of Child Support Enforcement

cc: ACF Regional Administrators
Regional Program Managers