US Court of Appeals disqualify Micronesians from food stamp

The US Court of Appeals has upheld a US District Court decision in a case involving the eligibility of citizens of the Federated States of Micronesia to participate in the CNMI Nutritional Assistance Program, Attorney General Herbert D. Soll announced over the weekend.

The federal court previously ruled that FSM citizens were eligible for participation in the CNMI NAP as a result of changes in alien eligibility contained in the Welfare Reform Act which Congress passed in 1996.

The Welfare Reform Act and other federal legislation had also changed the funding of CNMI NAP from that of an entitlement program, where all participants were paid the same amount regardless of the number enrolled, to a capped block grant program.

Under the block grant program, the NAP receives a set amount to distribute to its participants, and having more participants means a lesser amount of assistance to each participants.

The appellate court held that no waiver was ever issued in the case, and that Congress could lawfully deny aliens federally funded benefits, such as NAP.

The issuance of food stamps is a federally funded program instituted to address the Commonwealth’s nutritional needs and ensure the absence of malnutrition among islanders.

Funded by the US Department of Agriculture, NAP is operated and managed by the Department of Community and Cultural Affairs pursuant to a memorandum of understanding between the US and CNMI governments.

Increasing recipients

In declining a proffered waiver, which would have restored the eligibility of FSM citizens, Gov. Pedro P. Tenorio cited the increasing number of CNMI citizens participating in the NAP because of the current economic crisis, and a desire to distribute the limited block grant resources to CNMI citizens.

The Commonwealth’s food stamp recipients jumped 18 percent from October to April 1999 compared to the same period in the previous fiscal year, primarily because of the consumers weaker buying power.

With the increase in number of food stamp grantees, the Nutritional Assistance Program now incurs close to $350,000 monthly expenses for a total of 4,501 recipients.

Almost 20 percent of the $5.1 million block grant received by NAP for this year from the federal government has been allotted for administrative expense in running the program. So far, NAP has not exceeded its budget since the implementation of the Welfare Reform Act. Any unused amount at the end of the fiscal year is returned to the federal government.

Since the food stamp program was established, the CNMI government was seeing a reduction in the number of recipients until Asia’s financial crisis begun in July 1997.

According to officials, the plunge of the CNMI’s tourism economy has led to a huge decline in income of many local entrepreneurs and taxi drivers since the drop in visitor arrivals last year.

Among the food stamp grantees, NAP has also recorded an increasing number of teenage mothers who have sought assistance.

In cooperation with the Northern Marianas College, NAP offers educational assistance to help the low income earners become financially independent. The adult education classes includes General Education Development or trade courses which would allow them to seek better employment.

NAP earlier launched the Expanded Food and Nutrition Program which offer participants assistance in budgeting, guidance in choosing nutritious foods and even skills in sewing their own clothes.

To make sure that the recipients are also looking for jobs, NAP refers them to the Department of Labor and Immigration for possible job placement. When the DOLI calls them for a job interview and they do not report, NAP immediately kicks them out of the program.