Schmiege v. Secretary of Agriculture of the U.S., 82-1985

• Citation: 693 F.2d 55
• Decision Date: 22 November 1982
• Docket Number: No. 82-1985,82-1985
• Parties: Donna J. SCHMIEGE et al., Plaintiffs-Appellees, v. SECRETARY OF AGRICULTURE OF THE UNITED STATES, et al., Defendant-Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 55

693 F.2d 55

Donna J. SCHMIEGE et al., Plaintiffs-Appellees, v. SECRETARY OF AGRICULTURE OF THE UNITED STATES, et al.,

Defendant-Appellant.

No. 82-1985.

United States Court of Appeals,

Eighth Circuit.

Submitted Nov. 10, 1982.

Decided Nov. 22, 1982.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., James M. Rosenbaum, U.S. Atty., Minneapolis, Minn., Leonard Schaitman, Nicholas S. Zeppos, Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant, John Block.

Ann C. Cofell, Mid-Minnesota Legal Assistance, St. Cloud, Minn., Eric Janus, Minneapolis, Minn., for plaintiffs-appellees.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and DUMBAULD, ^* Senior District Judge.

PER CURIAM.

This appeal involved the method to be employed by the Secretary of Agriculture in computing food stamp benefits. The appellees' benefits would be reduced by the Secretary's method of computation. Counsel for the Secretary requested a speedy disposition of the case so that by December 1 payments may be put into effect in accordance with this Court's determination.

Accordingly, we affirm the order of the District Court, and set forth the following concise statement of our reasons for so holding.

The Food Stamp program has been in effect since 1964 to enable "low-income households to purchase a nutritionally adequate diet." 7 U.S.C. Sec. 2011. In 1980 Congress passed the Home Energy Assistance Act (as Title III of the Crude Oil Windfall Profit Tax Act of April 2, 1980, 94 Stat. 229, 42 U.S.C. Sec. 8621 et seq.) to assist low income families to meet the rising costs of energy for home use.

The framers of the energy legislation intended that food stamp benefits should not be diminished by reason of energy payments (even when paid directly to the energy supplier). The Conference Report accompanying the Act of April 2, 1980, explained:

6. The conference agreement requires that fuel assistance payments or allowances provided under this title will not be considered income or resources of an eligible household for any purpose under a Federal or State law. The conferees wish to emphasize that this provision applies regardless of whether the fuel assistance is paid directly to the household or to the supplier of energy to the household. Thus, under any law, such as the Food Stamp Act of 1977, which provides that benefits may depend on the expenditures of the household for fuel, any portion of these expenditures which may be paid by the fuel assistance program authorized in this conference agreement will not be considered a resource available to this household even if the payment is made directly to the energy supplier. Thus, under such a law, benefits will be computed as if the total cost of the fuel, including the amount of assistance provided, had been paid by the household.

H.R.Conf.Rep.No. 96-817, 96th Congressional and Administrative News, III, 410, 705-706, (Italics supplied).

The language of the statute intended to effectuate this intention [42 U.S.C. Sec. 8624(f) ] reads:

Notwithstanding any other provision of law the amount of any home energy assistance payments or allowances provided to an eligible household under this subchapter shall not be considered income or resources of such household (or any member thereof) for any purpose...