The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, restricts participation in most food assistance programs based on citizenship and alien status. WIC is specifically exempted from these restrictions, however, states have the option to limit participation to citizens and qualified aliens.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 made a number of changes to the National School Lunch Act which governs the waiver process in the child nutrition programs. This memorandum identifies the changes and provides guidance to be used in developing and submitting waiver requests to the child nutrition division.
Noncitizens who were receiving food stamps on Aug. 22, 1996, will not lose benefits due to their immigration status until at least April 22, 1997. If, for example, a person moves to another state or has a break in eligibility because of something unrelated to his or her noncitizen status (such as a temporary increase in earnings) and applies again before April 1, 1997, the new noncitizen eligibility requirements would not apply.
The Omnibus Consolidated Appropriations Act makes a significant change to implementation of the food stamp eligibility provisions for noncitizens of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
This letter describes the new statutory requirements for state agency implementation of the Food Stamp Program provisions of PL 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. We are also providing information regarding proposed and interim rules the FCS will publish and guidance relating to the Simplified Program option, FCS waiver authority, and quality control.