The Fiscal Responsibility Act (FRA) of 2023 suspended the statutory debt limit in exchange for spending controls and programmatic reforms. The FRA made several changes to the food stamp program, improving the program by phasing up the age-applicability of work requirements, but also weakening the work requirements by adding new exceptions for veterans, the homeless, and former foster children.
One year later, the USDA is proposing a rule that purports to simply implement provisions of the FRA.
Unfortunately, many provisions of the proposed rule would perpetuate and exacerbate problems with the food stamp program. As described by the American Federation of State, County and Municipal Employees (AFSCME) union, in this proposed rule the USDA’s “general approach is to ensure that as many people are excepted from the time limit for as long as possible.”
Many of the proposals in the USDA’s rule would undermine the newly-added statutory purpose of the food stamp program “to assist low-income adults in obtaining employment and increasing their earnings.”
EPIC submitted a regulatory comment highlighting problems with the proposed rule.
The USDA is using this rule to propose new requirements for States to provide food stamp benefits to individuals who have not been verified as eligible, which violates the law and increases the risk of improper payments.
Even the provisions that should simply implement the FRA includes errors. The rule’s proposed:
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- Definition of the term “homeless individual” does not follow the statute.
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- Definition of the term “veteran” differs from the standard definition used by the Department of Veterans Affairs.
Finally, the proposed rule’s regulatory impact analysis is lackluster, including:
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- An insufficient cost and benefit analysis that disregards the importance of work and work promotion policies, as well as the harms of dependency.
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- A flawed Federalism analysis.
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- An insufficient budgetary impact analysis.
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- A questionable estimate for the number of homeless individuals impacted.
Read the Regulatory Comment
EPIC Comment USDA FRA Regulation 6.14.2024
See all of EPIC’s Food Stamp Resources
