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USDA/FNS RIN: 0584-AD95 Publication ID: Spring 2010 
Title: Food Distribution Program on Indian Reservations: Amendments Related to the Food, Conservation, and Energy Act of 2008 
Abstract: This Proposed Rule would amend regulations in 7 CFR part 253 for the Food Distribution Program on Indian Reservations (FDPIR) to be consistent with regulations for the Supplemental Nutrition Assistance Program (SNAP) by: - Excluding combat pay from income. This amendment is in response to section 4101 of the Food, Conservation, and Energy Act of 2008 (Farm Bill), which permanently excludes additional pay earned as a result of deployment to a combat zone (i.e., combat pay) as income when determining eligibility for SNAP. Pursuant to Public Law 110-161, the Consolidated Appropriations Act of 2008, combat pay was temporarily excluded as income for SNAP during fiscal year (FY) 2008. For consistency, such payments were also excluded for FDPIR. - Clarifying the standard deduction and net income. Section 4102 of the Farm Bill sets the standard deduction for SNAP in FY 2009 at no less than $144 for the continental United States and $246 for Alaska. Starting in FY 2010, this standard deduction is indexed by the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for items other than food for the 12-month period ending the preceding June 30 (adjusted to the lower dollar increment). FDPIR regulations use the established SNAP income standard. This provision clarifies that the FDPIR regulations are referring to the net SNAP income standard, not the gross income standard. - Amending the dependent care deduction. Current FDPIR regulations state that the dependent care deduction cannot exceed the maximum allowable under the SNAP. Section 4103 of the Farm Bill eliminated the maximum dollar limit on dependent care deduction in SNAP, allowing participants to claim their actual dependent care expenses. This provision is to clarify that FDPIR households can claim the actual allowable dependent care expenses for each child or other dependent and that the maximum deduction has been eliminated. - Excluding from resources, household funds that are held in education and/or retirement accounts. Section 4104 of the Farm Bill excludes from resources any funds held in qualified education and/or retirement savings accounts when determining eligibility for SNAP. This provision excludes funds held in a qualified tuition program account from financial resources when determining eligibility for FDPIR. Qualified tuition programs include those described in section 529 of the Internal Revenue Code of 1986 (the Code) or a Coverdell education savings account under section 530 of the Code. It also excludes from financial resources any funds held in qualified retirement accounts (09-006). 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 253 
Legal Authority: PL 110-246 
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2010   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James F Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov

 
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