TANF Assistance and Electronic Benefit Transfer Transactions; Request for Public Comment, 24667-24669 [2012-9260]
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<![CDATA[
24667
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
Population count
Level 8 ............................
2013
3,000,000 and above ................................................................
1,149
2014
1,171
2015
2016
1,195
2017
1,219
1,243
(ii) Talk fees for stations with <20%
Feature Music programming:
Population count
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
............................
............................
............................
............................
............................
............................
............................
............................
0–249,999 .................................................................................
250,000–499,999 ......................................................................
500,000–999,999 ......................................................................
1,000,000–1,499,999 ................................................................
1,500,000–1,999,999 ................................................................
2,000,000–2,499,999 ................................................................
2,500,000–2,999,999 ................................................................
3,000,000 and above ................................................................
(4) For the performance of any other
such compositions, in 2013 through
2017, $1.
(e) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year. Each annual payment shall be
accompanied by a signed declaration
stating the Population Count of the
public broadcasting entity and the
source for such Population Count. An
exact copy of such declaration shall be
furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice
thereof from ASCAP, BMI and SESAC,
a public broadcasting entity shall make
its books and records relating to its
Population Count available for
inspection. In the event that a public
broadcasting entity wishes to be deemed
a Talk Format Station, then such entity
shall provide a signed declaration
stating that Feature Music is performed
in less than 20% of its annual
programming and that it complies with
the caps set forth in paragraph (b)(4) of
this section. An exact copy of such
declaration shall be furnished to each of
ASCAP, BMI and SESAC. Upon prior
written notice thereof from ASCAP, BMI
or SESAC, a public broadcasting entity
shall make its program schedule or
other documentation supporting its
eligibility as a Talk Format Station
available for inspection.
*
*
*
*
*
6. Section 381.7 is amended as
follows:
a. By revising paragraphs (b)(1)(i)(A)–
(D) and (b)(1)(ii)(A)–(D);
b. By revising paragraphs (b)(2)(i)–
(iv);
c. In paragraph (b)(4), by removing
‘‘2008–2012’’ and adding ‘‘2013–2017’’
in its place; and
d. In paragraph (b)(5), by removing
‘‘2012’’ and adding ‘‘2017’’ in its place.
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2013
13:41 Apr 24, 2012
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$138
138
138
161
201
241
281
402
The revisions to § 381.7 read as
follows:
§ 381.7
*
Recording rights, rates and terms.
*
*
(b) * * *
(1)(i) * * *
*
*
(A) Feature ..........................................
(B) Concert feature (per minute) .......
(C) Background ...................................
(D) Theme:
(1) Single program or first series
program ........................................
(2) Other series program ................
$116.37
$34.95
$58.81
$58.81
$23.88
(ii) * * *
2013–2017
(A) Feature ..........................................
(B) Concert feature (per minute) .......
(C) Background ...................................
(D) Theme:
(1) Single program or first series
program ........................................
(2) Other series program ................
*
*
(2) * * *
*
$9.62
$2.53
$4.18
$4.18
$1.66
*
2013–2017
(i) Feature ...........................................
(ii) Concert feature (per minute) .......
(iii) Background ..................................
(iv) Theme:
(A) Single program or first series
program ........................................
(B) Other series program ................
*
*
§ 381.8
*
*
$12.60
$18.49
$6.31
$6.31
$2.52
*
[Removed and Reserved]
7. Remove and reserve § 381.8.
8. Section 381.10 is amended as
follows:
a. In paragraph (a), by removing
‘‘2007’’ and adding ‘‘2013’’ in its place
in each place it appears and by
removing ‘‘2006’’ and adding ‘‘2012’’ in
its place, and by removing ‘‘On each
December 1’’ and adding ‘‘On or before
each December 1’’ in its place;
b. By revising paragraph (b);
PO 00000
Frm 00028
$140
140
140
164
205
246
287
410
Fmt 4702
Sfmt 4702
2015
2016
$143
143
143
167
209
251
293
418
2017
$146
146
146
170
213
256
299
427
$149
149
149
174
218
261
305
435
c. In paragraph (c), by adding ‘‘the’’
before ‘‘rates’’, by removing ‘‘381.5’’ and
adding ‘‘381.5(c)(3)’’ in its place, and by
adding ‘‘(30)’’ after ‘‘thirty’’.
The revisions to § 381.10 read as
follows:
§ 381.10
2013–2017
*
2014
Cost of living adjustment.
*
*
*
*
*
(b) On the same date of the notices
published pursuant to paragraph (a) of
this section, the Copyright Royalty
Judges shall publish in the Federal
Register a revised schedule of the rates
for § 381.5(c)(3), the rate to be charged
for compositions in the repertory of
SESAC, which shall adjust the royalty
amounts established in a dollar amount
according to the greater of
(1) The change in the cost of living
determined as provided in paragraph (a)
of this section, or
(2) Two percent (2%).
(3) Such royalty rates shall be fixed at
the nearest dollar.
*
*
*
*
*
Dated: April 20, 2012.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2012–9927 Filed 4–24–12; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 262 and 265
TANF Assistance and Electronic
Benefit Transfer Transactions;
Request for Public Comment
Department of Health and
Human Services (HHS), Administration
for Children and Families, Office of
Family Assistance (OFA).
AGENCY:
E:\FR\FM\25APP1.SGM
25APP1
24668
ACTION:
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
Request for public comment.
The Office of Family
Assistance (OFA) is interested in
learning about how States deliver
Temporary Assistance to Needy
Families (TANF) assistance to
beneficiaries, whether States have
implemented policies and practices to
prevent electronic benefit transfer
transactions involving TANF assistance
in liquor stores, casinos, gambling
casinos, or other gaming establishments,
and retail establishments which provide
adult-oriented entertainment in which
performers disrobe or perform in an
unclothed state for entertainment; what
the States’ experiences have been in
implementing such policies and
practices; and whether States place
other similar types of restrictions on
assistance usage. OFA also is interested
in learning about States’ current
approaches to ensuring that recipients
have adequate access to their cash
assistance, including policies that
provide access to assistance with no fees
or charges or current approaches to
imposing fees or charges in connection
with receipt of assistance, along with
other information relevant to
considering what might be minimal fees
or charges. Additionally, OFA is
interested in hearing the perspectives of
vendors, consumer advocates, and any
other individuals or entities that have
information that could be relevant to the
development and implementation of
policies and procedures to prevent
electronic benefit transfer transactions
in certain establishments, and to
ensuring access to cash assistance with
minimal fees or charges, including
opportunities to access assistance
without fees or charges.
The information provided will be
used to inform OFA as it develops
regulations to implement Section 4004
of the Middle Class Tax Relief and Job
Creation Act of 2012 (Pub. L. 112–96),
which, among other things, requires
States to prevent the use of TANF
assistance in electronic benefit transfer
transactions at specified locations.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
June 11, 2012.
ADDRESSES: Interested persons may
submit written comments by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
TANFEBTTransactions@acf.hhs.gov
Please include ‘‘Comments on EBT
Federal Register Notice’’ in the subject
line of the message.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
13:41 Apr 24, 2012
Jkt 226001
• Mail or Courier Delivery: Robert
Shelbourne, Office of Family
Assistance, Administration for Children
and Families, 901 D Street SW., 5th
Floor, Washington, DC 20447.
Instructions: If you choose to use an
express, overnight, or other special
delivery method, ensure that delivery
may be made at the address listed under
the ADDRESSES section. We urge
interested parties to submit comments
electronically to ensure that they are
received in a timely manner. All
comments received will be posted
without change to https://
www.regulations.gov. This will include
any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Robert Shelbourne, Office of Family
Assistance, 901 D Street SW., 5th Floor,
Washington, DC 20447, (202) 401–5150.
SUPPLEMENTARY INFORMATION: On
February 22, 2012, President Obama
signed the Middle Class Tax Relief and
Job Creation Act of 2012 (Pub. L. 112–
96). Section 4004 of the Act requires
States (but does not require Tribes) to
prevent the use of Temporary
Assistance for Needy Families (TANF)
assistance in electronic benefit transfer
(EBT) transactions at specified
locations. In particular, the law requires
States receiving TANF grants ‘‘to
maintain policies and practices as
necessary to prevent assistance
provided under the State program
funded under this part from being used
in any electronic benefit transfer
transaction in any liquor store; any
casino, gambling casino, or gaming
establishment; or any retail
establishment which provides adultoriented entertainment in which
performers disrobe or perform in an
unclothed state for entertainment.’’ The
law defines an electronic benefit
transfer transaction as ‘‘the use of a
credit or debit card service, automated
teller machine, point-of-sale terminal, or
access to an online system for the
withdrawal of funds or the processing of
a payment for merchandise or a
service.’’
The law imposes a new reporting
requirement as well as a new penalty.
Each State is required to report to HHS
by February 22, 2014, on its
implementation of policies and
practices related to restricting
recipients’ use of EBT cards at the
locations specified in the previous
paragraph. As required by the law, HHS
shall reduce a State’s block grant if the
State fails to comply with this reporting
requirement or if, based on the
information that the State reports, HHS
finds that the State has not implemented
and maintained the required policies
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
and practices. Furthermore, States are
required to include in their State plans
a statement outlining how they intend
to implement policies and procedures to
prevent access to assistance through
electronic fund transfer transactions at
casinos, liquor stores, and
establishments providing adult-oriented
entertainment. The State plan also must
include an explanation of how the State
plans to ensure that (1) recipients of the
assistance have adequate access to their
cash assistance, and (2) recipients of
assistance have access to using or
withdrawing assistance with minimal
fees or charges, including an
opportunity to access assistance with no
fee or charges, and are provided
information on applicable fees and
surcharges that apply to electronic fund
transactions involving the assistance,
and that such information is made
publicly available.
The Office of Family Assistance is
seeking responses to the following
questions to help inform us as we draft
the regulation to implement the
statutory requirement. We do not intend
to respond to comments provided in
response to this Request for Public
Comment. However, in the notice of
proposed rulemaking, we will provide a
general summary of the comments that
influenced our policy decisions, and
will respond to comments submitted in
response to the notice of proposed
rulemaking when a final rule is issued.
Questions
Please identify the question to which
you are responding.
Benefit Delivery System
1. What method or methods of
delivery does your State use to provide
TANF assistance? For example, does the
State use checks, direct deposit into
recipient checking account, Electronic
Benefit Transfer (EBT) cards, Electronic
Payment Cards (EPC) (co-branded with
Visa or MasterCard)?
2. For each method used, does the
State currently track the site at which a
transaction occurs? If the State is able to
identify the site at which a transaction
occurs, what process does or would the
State need to initiate to determine if the
site was a liquor store, gaming
establishment or adult entertainment
venue? Are there different issues for
different types of venues?
Implementing EBT Restrictions
3. For those with knowledge of what
has happened in a State or States that
have implemented some form of EBT
transaction restriction:
a. What is the nature of your
restriction? Please provide as much
E:\FR\FM\25APP1.SGM
25APP1
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules
specificity as possible, including the
definitions used for any establishment
type for which TANF benefit access was
restricted. If the State’s restriction
appears to differ from the EBT
transaction restriction contained in
section 4004 of the Middle Class Tax
Relief and Job Creation Act of 2012,
please describe those differences.
b. Was the restriction put in place in
response to a legislative mandate or by
executive action without a specific
legislative mandate? If in response to a
legislative mandate, what did the
legislature require?
c. If your State imposes EBT
transaction restrictions relating to liquor
stores, casinos, gambling casinos, or
other gaming establishments, or retail
establishments which provide adultoriented entertainment in which
performers disrobe or perform in an
unclothed state for entertainment, can
you please indicate: which of these
locations are subject to restriction, and
what is the definition used to describe
the restricted location?
d. What specific method and
procedures does the State use?
e. What challenges to implementation
have been encountered and how did the
State address them?
f. Please provide any information
available concerning initial and
continuing costs.
g. Does the State identify locations
where benefit access is to be restricted
through a manual process, an automated
process or some combination of the
two? Please describe the process for
identifying these locations.
h. Has your State implemented what
you consider an effective method of
restricting access to EBT usage at
specified locations? Please describe why
you think it is effective (e.g. cost
effective, achieves desired outcomes)?
i. What concerns have been raised by
businesses, electronic benefit vendors,
and/or TANF recipients, relating to
access, cost, or other issues, in relation
to the restrictions? Have particular
concerns been raised relating to rural
areas of the State? If so, what are those
concerns, and how, if at all, have those
concerns been addressed?
j. If your State passes through child
support to families receiving TANF
assistance, how, if at all, do the TANF
assistance restrictions affect provision of
passed-through child support?
k. Are your State’s restrictions limited
to TANF assistance, or do they affect
any other benefits provided
electronically? If the restrictions are
limited to TANF assistance, how, if at
all, do restrictions on accessing TANF
assistance affect access to any other
benefits?
VerDate Mar<15>2010
13:41 Apr 24, 2012
Jkt 226001
l. Are there particular issues not
discussed above that have arisen in
design or implementation that could be
useful for OFA to be aware of in the
development of regulations relating to
this topic?
4. With regards to States that have not
implemented EBT transaction
restrictions, have you considered and
examined issues relevant to
implementation of such restrictions? If
so, can you identify issues and
considerations that have arisen for you
as you considered such requirements?
5. For any State, do you currently
have information about the incidence of
the use of TANF assistance EBT
transactions in liquor stores, gaming
establishments, and adult entertainment
venues?
Access Fees or Charges
6. With respect to any State, please
describe the fees and charges that TANF
recipients face when accessing their
TANF assistance benefits. If the fees or
charges differ based on number of
withdrawals or where or how benefits
are accessed (such as via an ATM vs.
point of sale transaction), please
describe the differences in fees under all
relevant benefit access mechanisms.
7. Does your State provide any
mechanism that allows TANF assistance
recipients to access benefits without
facing any fees or charges? If so, please
describe.
8. How, if at all, does your State make
information available to TANF
assistance recipients about where to
access TANF benefits, the fees and
charges associated with accessing
benefits under various scenarios, and
how benefits can be accessed without
any fees or charges?
9. What, if anything, do you think
should be done to reduce the costs of
accessing TANF benefits?
10. Please describe any access
barriers, that you think TANF assistance
recipients currently face or could face
under the restrictions and what
mechanisms, if any, you think could
reduce those access barriers while
ensuring that TANF benefits are not
accessed through EBT transactions at
those establishments for which access is
restricted under section 4004 of the
Middle Class Tax Relief and Job
Creation Act of 2012.
EBT Vendor Input
11. For companies that provide
electronic benefit services to States with
respect to TANF assistance, please
describe the implementation issues you
think States could or would face in
implementing the restriction required
under section 4004 of the Middle Class
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Fmt 4702
Sfmt 4702
24669
Tax Relief and Job Creation Act of 2012.
Please describe technical issues, cost
implications, and access implications as
well as mechanisms for addressing
problems identified.
We welcome any other comments you
have about the TANF EBT provisions
contained in Section 4004 of the Middle
Class Tax Relief and Job Creation Act of
2012.
Dated: April 5, 2012.
Earl Johnson,
Director, Office of Family Assistance.
[FR Doc. 2012–9260 Filed 4–24–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XB162
Atlantic Highly Migratory Species;
Public Conference Call Regarding
Recreational Yellowfin Tuna Fishery
Data Collection
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public conference call.
AGENCY:
In order to better inform the
public and NMFS, a conference call that
is open to the public will be held to
discuss historical and future data
collection in the U.S. recreational
yellowfin tuna fishery and the
relationship to international yellowfin
tuna management (e.g., quota
establishment or tracking landings).
DATES: An operator-assisted conference
call that is open to the public will be
held on April 27, 2012, from 10 a.m. to
noon, EDT (phone number 888–593–
8429; participant pass code 1629891).
During this call, members of the public
may ask questions and provide
comments, after a brief background
presentation.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Randy Blankinship at 727–824–5399 or
Dianne Stephan at 978–281–9347.
SUPPLEMENTARY INFORMATION: Atlantic
tunas are managed under the dual
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the
Atlantic Tuna Conventions Act (ATCA),
which authorizes the Secretary of
Commerce (Secretary) to promulgate
regulations as may be necessary and
appropriate to implement
E:\FR\FM\25APP1.SGM
25APP1
]]>Agencies
[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Proposed Rules]
[Pages 24667-24669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9260]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 262 and 265
TANF Assistance and Electronic Benefit Transfer Transactions;
Request for Public Comment
AGENCY: Department of Health and Human Services (HHS), Administration
for Children and Families, Office of Family Assistance (OFA).
[[Page 24668]]
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Office of Family Assistance (OFA) is interested in
learning about how States deliver Temporary Assistance to Needy
Families (TANF) assistance to beneficiaries, whether States have
implemented policies and practices to prevent electronic benefit
transfer transactions involving TANF assistance in liquor stores,
casinos, gambling casinos, or other gaming establishments, and retail
establishments which provide adult-oriented entertainment in which
performers disrobe or perform in an unclothed state for entertainment;
what the States' experiences have been in implementing such policies
and practices; and whether States place other similar types of
restrictions on assistance usage. OFA also is interested in learning
about States' current approaches to ensuring that recipients have
adequate access to their cash assistance, including policies that
provide access to assistance with no fees or charges or current
approaches to imposing fees or charges in connection with receipt of
assistance, along with other information relevant to considering what
might be minimal fees or charges. Additionally, OFA is interested in
hearing the perspectives of vendors, consumer advocates, and any other
individuals or entities that have information that could be relevant to
the development and implementation of policies and procedures to
prevent electronic benefit transfer transactions in certain
establishments, and to ensuring access to cash assistance with minimal
fees or charges, including opportunities to access assistance without
fees or charges.
The information provided will be used to inform OFA as it develops
regulations to implement Section 4004 of the Middle Class Tax Relief
and Job Creation Act of 2012 (Pub. L. 112-96), which, among other
things, requires States to prevent the use of TANF assistance in
electronic benefit transfer transactions at specified locations.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before June 11, 2012.
ADDRESSES: Interested persons may submit written comments by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: TANFEBTTransactions@acf.hhs.gov Please include
``Comments on EBT Federal Register Notice'' in the subject line of the
message.
Mail or Courier Delivery: Robert Shelbourne, Office of
Family Assistance, Administration for Children and Families, 901 D
Street SW., 5th Floor, Washington, DC 20447.
Instructions: If you choose to use an express, overnight, or other
special delivery method, ensure that delivery may be made at the
address listed under the ADDRESSES section. We urge interested parties
to submit comments electronically to ensure that they are received in a
timely manner. All comments received will be posted without change to
https://www.regulations.gov. This will include any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Robert Shelbourne, Office of Family
Assistance, 901 D Street SW., 5th Floor, Washington, DC 20447, (202)
401-5150.
SUPPLEMENTARY INFORMATION: On February 22, 2012, President Obama signed
the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-
96). Section 4004 of the Act requires States (but does not require
Tribes) to prevent the use of Temporary Assistance for Needy Families
(TANF) assistance in electronic benefit transfer (EBT) transactions at
specified locations. In particular, the law requires States receiving
TANF grants ``to maintain policies and practices as necessary to
prevent assistance provided under the State program funded under this
part from being used in any electronic benefit transfer transaction in
any liquor store; any casino, gambling casino, or gaming establishment;
or any retail establishment which provides adult-oriented entertainment
in which performers disrobe or perform in an unclothed state for
entertainment.'' The law defines an electronic benefit transfer
transaction as ``the use of a credit or debit card service, automated
teller machine, point-of-sale terminal, or access to an online system
for the withdrawal of funds or the processing of a payment for
merchandise or a service.''
The law imposes a new reporting requirement as well as a new
penalty. Each State is required to report to HHS by February 22, 2014,
on its implementation of policies and practices related to restricting
recipients' use of EBT cards at the locations specified in the previous
paragraph. As required by the law, HHS shall reduce a State's block
grant if the State fails to comply with this reporting requirement or
if, based on the information that the State reports, HHS finds that the
State has not implemented and maintained the required policies and
practices. Furthermore, States are required to include in their State
plans a statement outlining how they intend to implement policies and
procedures to prevent access to assistance through electronic fund
transfer transactions at casinos, liquor stores, and establishments
providing adult-oriented entertainment. The State plan also must
include an explanation of how the State plans to ensure that (1)
recipients of the assistance have adequate access to their cash
assistance, and (2) recipients of assistance have access to using or
withdrawing assistance with minimal fees or charges, including an
opportunity to access assistance with no fee or charges, and are
provided information on applicable fees and surcharges that apply to
electronic fund transactions involving the assistance, and that such
information is made publicly available.
The Office of Family Assistance is seeking responses to the
following questions to help inform us as we draft the regulation to
implement the statutory requirement. We do not intend to respond to
comments provided in response to this Request for Public Comment.
However, in the notice of proposed rulemaking, we will provide a
general summary of the comments that influenced our policy decisions,
and will respond to comments submitted in response to the notice of
proposed rulemaking when a final rule is issued.
Questions
Please identify the question to which you are responding.
Benefit Delivery System
1. What method or methods of delivery does your State use to
provide TANF assistance? For example, does the State use checks, direct
deposit into recipient checking account, Electronic Benefit Transfer
(EBT) cards, Electronic Payment Cards (EPC) (co-branded with Visa or
MasterCard)?
2. For each method used, does the State currently track the site at
which a transaction occurs? If the State is able to identify the site
at which a transaction occurs, what process does or would the State
need to initiate to determine if the site was a liquor store, gaming
establishment or adult entertainment venue? Are there different issues
for different types of venues?
Implementing EBT Restrictions
3. For those with knowledge of what has happened in a State or
States that have implemented some form of EBT transaction restriction:
a. What is the nature of your restriction? Please provide as much
[[Page 24669]]
specificity as possible, including the definitions used for any
establishment type for which TANF benefit access was restricted. If the
State's restriction appears to differ from the EBT transaction
restriction contained in section 4004 of the Middle Class Tax Relief
and Job Creation Act of 2012, please describe those differences.
b. Was the restriction put in place in response to a legislative
mandate or by executive action without a specific legislative mandate?
If in response to a legislative mandate, what did the legislature
require?
c. If your State imposes EBT transaction restrictions relating to
liquor stores, casinos, gambling casinos, or other gaming
establishments, or retail establishments which provide adult-oriented
entertainment in which performers disrobe or perform in an unclothed
state for entertainment, can you please indicate: which of these
locations are subject to restriction, and what is the definition used
to describe the restricted location?
d. What specific method and procedures does the State use?
e. What challenges to implementation have been encountered and how
did the State address them?
f. Please provide any information available concerning initial and
continuing costs.
g. Does the State identify locations where benefit access is to be
restricted through a manual process, an automated process or some
combination of the two? Please describe the process for identifying
these locations.
h. Has your State implemented what you consider an effective method
of restricting access to EBT usage at specified locations? Please
describe why you think it is effective (e.g. cost effective, achieves
desired outcomes)?
i. What concerns have been raised by businesses, electronic benefit
vendors, and/or TANF recipients, relating to access, cost, or other
issues, in relation to the restrictions? Have particular concerns been
raised relating to rural areas of the State? If so, what are those
concerns, and how, if at all, have those concerns been addressed?
j. If your State passes through child support to families receiving
TANF assistance, how, if at all, do the TANF assistance restrictions
affect provision of passed-through child support?
k. Are your State's restrictions limited to TANF assistance, or do
they affect any other benefits provided electronically? If the
restrictions are limited to TANF assistance, how, if at all, do
restrictions on accessing TANF assistance affect access to any other
benefits?
l. Are there particular issues not discussed above that have arisen
in design or implementation that could be useful for OFA to be aware of
in the development of regulations relating to this topic?
4. With regards to States that have not implemented EBT transaction
restrictions, have you considered and examined issues relevant to
implementation of such restrictions? If so, can you identify issues and
considerations that have arisen for you as you considered such
requirements?
5. For any State, do you currently have information about the
incidence of the use of TANF assistance EBT transactions in liquor
stores, gaming establishments, and adult entertainment venues?
Access Fees or Charges
6. With respect to any State, please describe the fees and charges
that TANF recipients face when accessing their TANF assistance
benefits. If the fees or charges differ based on number of withdrawals
or where or how benefits are accessed (such as via an ATM vs. point of
sale transaction), please describe the differences in fees under all
relevant benefit access mechanisms.
7. Does your State provide any mechanism that allows TANF
assistance recipients to access benefits without facing any fees or
charges? If so, please describe.
8. How, if at all, does your State make information available to
TANF assistance recipients about where to access TANF benefits, the
fees and charges associated with accessing benefits under various
scenarios, and how benefits can be accessed without any fees or
charges?
9. What, if anything, do you think should be done to reduce the
costs of accessing TANF benefits?
10. Please describe any access barriers, that you think TANF
assistance recipients currently face or could face under the
restrictions and what mechanisms, if any, you think could reduce those
access barriers while ensuring that TANF benefits are not accessed
through EBT transactions at those establishments for which access is
restricted under section 4004 of the Middle Class Tax Relief and Job
Creation Act of 2012.
EBT Vendor Input
11. For companies that provide electronic benefit services to
States with respect to TANF assistance, please describe the
implementation issues you think States could or would face in
implementing the restriction required under section 4004 of the Middle
Class Tax Relief and Job Creation Act of 2012. Please describe
technical issues, cost implications, and access implications as well as
mechanisms for addressing problems identified.
We welcome any other comments you have about the TANF EBT
provisions contained in Section 4004 of the Middle Class Tax Relief and
Job Creation Act of 2012.
Dated: April 5, 2012.
Earl Johnson,
Director, Office of Family Assistance.
[FR Doc. 2012-9260 Filed 4-24-12; 8:45 am]
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